Last updated: 3 January 2020
These terms and conditions govern your access to and use any of:
1. our Application Programming Interfaces and any associated documentation ("our APIs");
2. any data provided to a software application, functionality, website, product or service that you operate that uses any of our APIs ("your Application") via our APIs ("the Data"); and
3. https://www.offchaindata.com, https://www.holidayoracle.io and associated domains and subdomains ("our Websites").
“The Services” means our APIs and the Data.
Whenever used in the TOU, “we”, “us” and “our” refers to Inspectablock Pty Ltd ACN 624 668 711 of Suite 410, 405 Elizabeth Street Surry Hills NSW Australia, trading as Off Chain Data and “you”, “your” and similar terms means the individual, company or legal entity that you represent. If you are entering into the TOU on behalf of a legal entity (such as your employer), you represent and warrant that you have the authority to bind that entity, in which case the terms “you” or “your” shall refer to such entity. You also warrant that you are 13 years of age or older.
2. Access to the Services or our Websites
2.1 Beta Release
We have disclosed to you, and you understand and agree that the Services are a beta test version of software that may contain bugs, defects and errors. Additionally, you understand and agree that we make no warranty, condition or guarantee that (A) the Services or our Websites will meet your requirements, be uninterrupted, timely, secure, reliable, accurate or error-free; or (B) the Services or our Websites will meet your expectations, be suitable for any purpose, or be accurate, complete, reliable, current, timely, adequate, or error-free.
We have no obligation under the TOU to (A) correct any bugs, defects or errors in the Services or our Websites, or otherwise support or maintain the Services or our Websites; (B) create, distribute or otherwise offer the Services for commercial release (such commercial release may contain functions, functionality or perform in a significantly different manner to the beta release of the Services); or (C) in the event of a commercial release, offer the commercial release to you at all or with any special pricing or special terms. You acknowledge and agree that any business plans that you make regarding or in reliance upon the Services or our Websites are done entirely at your own risk.
2.2 Use of our APIs
Subject to the restrictions below and the payment of any fees owed to us, we grant you a non-exclusive, worldwide, non-transferable (subject to the section titled "Assignment"), limited license to access our APIs only as necessary to develop, test and support your Application.
Your license to access the Services is limited and subject to compliance with the TOU. Further, you will not: (A) access our APIs in violation of any law or regulation (including without limitation laws regarding the import or export of data and software, privacy or local laws); (B) use our APIs to encourage or promote illegal activity; (C) access our APIs in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the Services, (ii) poses a security vulnerability to other customers or users of the Services, or (iii) tests the vulnerability of our systems or networks; (D) access the Services in order to replicate or compete with the Services; (E) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Services; or (F) attempt to use the Services in a manner that exceeds rate limits, or constitutes excessive or abusive usage; or (G) not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our APIs.
You will use and access our APIs in accordance with the documentation and instructions provided by us. You are solely responsible for, and we disclaim all liability for, your Application.
2.3 Use of the Data
Subject to the restrictions below, during the term of your license we grant you a non-exclusive, worldwide, non-transferable (subject to the section titled "Assignment") limited license to access and use the Data only as necessary to develop, test and support your Application. Under this license, you may display the Data to the general public on or with your Application. Your Application using the Data cannot allow the Data to be exported out of your Application in bulk form other than for application testing purposes. You may share the Data in unlimited amounts with any number of people within your organisation. You may not offer the Data, or any part thereof, for sale, rent, license or commercial redistribution in raw or bulk form. Upon termination, cancellation, expiration or other conclusion of this Agreement, you will physically or electronically destroy beyond all ability to recover all Data provided to you. This includes any and all copies of the Data such as backup copies created.
2.4 Confidentiality of Access
You are responsible for maintaining the confidentiality of the API key that gives you access to the Services. You are also responsible for any and all activities that occur under your account. You agree to immediately notify us via email@example.com of any unauthorized use of your API key or any other breach of security. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with these requirements. Your use of the Services is personal to you, and you may not transfer or make available access to the Services to others (subject to the section titled "Assignment"). Any sharing or distribution by you of your access privileges may result in cancellation of your access to the Services.
2.5 Charges for the Services
If you are signing up on a free trial basis, the Services are offered free of charge for the trial period and we reserve the right to charge for the Services after the trial period.
For all other users, the Services will be provided to you by us for the fees and charges specified on any of our Websites at the time you subscribed for the services. You are responsible for any government sales, goods and services, value added or other taxes which may be applicable to the supply of the Services by us to you. All fees and charges to your account shall be paid at the time and in the manner specified by us.
2.6 Modifications to the Services
We may need the flexibility to make changes to the Services in the future, including backwards incompatible changes. Also, parts of the Services may be undocumented. These undocumented aspects of the Services may change at any time and you should not rely on their behaviors.
Further, we may set additional limits on your usage of our APIs and/or the Data at any time. We will provide at least 30 days notice via one or more of our Websites prior to the effective date of any changes to the usage limits of the Services.
2.7 Third Party Vendors
You understand that we may use third-party vendors to provide necessary hardware, software, networking, storage, and related technology to provide the Services. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties.
2.8 Access to our Websites
By accessing, browsing or using our Websites, you are agreeing to comply with and be bound by the TOU. Additionally, you agree that you will not copy or reproduce any content on our Websites (including without limitation any data we derive from our APIs) for any commercial purpose, without prior written consent from us.
You retain your ownership rights in your Application and we own and will continue to own the Services and our Websites, including all related intellectual property rights therein. We will also continue to own our product or service names, logos, and other marks. All of our rights not expressly granted by the TOU are hereby retained.
You may provide us with comments or feedback concerning the Services, our Websites or your evaluation and use thereof. You agree that we will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the comments or feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
You may terminate your use of the Services at any time. If you terminate the Services within the first 30 days and were offered a 30 day money back guarantee, any fees and charges paid by you to us will be returned in the same manner they were received by us. We may cease providing the Services or our Websites at any time at our sole discretion and we will not be liable to you or any third party with respect thereto. Upon termination by you or us, you must destroy promptly all materials obtained from the Services and any copies thereof.
5. Disclaimer of Warranty
OUR APIS, THE DATA AND OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF OUR APIS,THE DATA AND OUR WEBSITES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR APIS, THE DATA AND OUR WEBSITES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY OF THE SERVICES OR OUR WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, INSPECTABLOCK PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES DO NOT WARRANT THAT THE SERVICES OR OUR WEBSITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES OR OUR WEBSITES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES OR OUR WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR OUR WEBSITES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR THE USE OF SUCH DATA. ADDITIONAL, WE DO NOT WARRANT THAT OUR APIS, THE DATA OR OUR WEBSITES WILL MEET YOUR EXPECTATIONS, BE SUITABLE FOR ANY PURPOSE, OR BE ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, ADEQUATE, OR ERROR-FREE.
If you are a Consumer (as defined in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”)), (A) this Section 5 does not apply to our liability to comply with an applicable consumer guarantee under the Australian Consumer Law; (B) subject to clause (C) below, our liability for any liability, loss, cost or damage, however caused (including by our negligence), suffered or incurred by you because of a failure to comply with a consumer guarantee is limited to us (at our election) (i) resupplying our APIs; or (ii) paying the cost of having our APIs supplied again; and (C) clause (B) does not apply if it is not fair or reasonable for us to rely on it for the purposes of section 64A of the Australian Consumer Law.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF OUR APIS, THE DATA OR OUR WEBSITES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR OUR WEBSITES, OR THE INFORMATION CONTAINED THEREIN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES OR OUR WEBSITES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR OUR WEBSITES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR OUR WEBSITES; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR OUR WEBSITES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES OR OUR WEBSITES; AND/OR (VII) YOUR APPLICATION. IN NO EVENT SHALL THE AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED A$100.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will indemnify, defend and hold us (and our employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a third party that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties or obligations set forth in this TOU, including without limitation any violation of our policies; (ii) your wrongful or improper use of our APIs, the Data or our Websites; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, confidentiality or intellectual property rights; (iv) your violation of any law, rule or regulation of Australia or any other country; (v) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; or (vi) any liability, loss or costs arising from or incurred in connection with the Services or our Websites.
8. Modifications to the TOU
We may modify the TOU at any time and in our sole discretion by upon posting a revised version on http://www.offchaindata.com (each a “Revised Version”). Except as otherwise set forth herein, each Revised Version will be effective as of the time it is posted. Your continued use of the Services or our Websites following the posting on a Revised Version will constitute your acceptance of such Revised Version. Any Dispute (as defined in Section 9) that arose before the changes will be governed by the TOU in place when the Dispute arose.
9. Binding Individual Arbitration
You and us agree to arbitrate all Disputes. “Dispute” means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and us arising from or relating in any way to this TOU or to the relationship formed between the parties as a result of this TOU, including but not limited to any claims relating in any way to this TOU (including its breach, termination or interpretation), any other aspect of our relationship, our advertising and any use of our software or services. “Dispute” also includes any claims that arose before this TOU and that may arise after termination of this Agreement. Any arbitration under this agreement will be only be on an individual basis; class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against us. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
All disputes, controversies or claims in connection with this TOU or breach thereof shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC Rules”) by one arbitrator mutually agreed to by the parties and appointed according to ICC Rules. Arbitration shall take place in Sydney, Australia, and all proceedings, including required notices and requests to the parties shall be conducted in the English language. Each party may select its own counsel, including foreign counsel, to participate on its behalf. The parties may engage in reasonable discovery subject to the ICC Rules and any additional discovery requirements mutually agreed to by the parties. The award by the arbitrator shall be final and binding on the parties, and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. For any Dispute resolved in accordance with this Section, each party will pay their arbitration fees. For purposes of this arbitration provision, references to you and us also include respective officers, directors, parents, subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, as well as authorised users or beneficiaries of the Services.
Notwithstanding the foregoing, either party may immediately bring a proceeding seeking injunctive relief in a court having jurisdiction thereof.
10. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
11. Governing Law
The TOU are construed in accordance with, and governed by, the laws in force in the State of New South Wales. Each party submits to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
12. GENERAL PROVISIONS
Any use by you of our company name and logo is subject to our prior written consent. We will obtain your written consent to use your name and logo for marketing or promotional purposes on our Websites.
12.2 Force Majeure
Neither party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
12.3 Relationship of the Parties; No Third Party Beneficiaries
The parties are independent contractors. The TOU does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the TOU.
Except as otherwise set forth herein, all notices under the TOU will be by email. Notices to us will be sent to firstname.lastname@example.org. Notices will be deemed to have been duly given the day after they are sent.
No failure or delay by either party in exercising any right under the TOU will constitute a waiver of that right. No waiver under the TOU will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.
If a clause or part of a clause of the TOU can be read in a way that makes it illegal, unenforceable or invalid but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from the TOU, but the rest of the TOU is not affected.
The TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
12.8 Entire Agreement
The TOU constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in the TOU and any other agreements, policies, documents or pages referenced in the TOU, the TOU prevail.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this TOU, sections 3-13 of this TOU survive and remain in effect in accordance with their terms upon the termination of this TOU.
Last updated: 3 January 2020
Inspectablock Pty Ltd, trading as Off Chain Data is committed to protecting your privacy and will comply with the Australian Privacy Act 1988 (Commonwealth).
This policy explains how we collect, use, hold and disclose your personal information to provide our products and services, and how we ensure it is accurate and secure.
In this Policy, “our products or services” includes, but is not limited to, access to and use of any of the Services and our Websites.
What is personal information?
"Personal Information" refers to any information that you voluntarily submit to us and that identifies you personally, including contact information such as your name, email address and company name. Personal Information can also include information about any transactions that you enter into our products and services.
"Navigational Information" refers to information about your computer and your visits to our products and services such as your IP address, geographical location, browser type, length of visit and pages viewed.
What kinds of personal information do we collect and hold?
We collect Personal Information (such as registration and account information) and Navigational Information from the users of our products and services. Users include visitors to our Websites. If you do not provide us with the information we ask for, we may not be able to deliver our products or services effectively or at all.
How do we use your information?
We use your Personal Information to provide our products and services to you which may include the following:
- To establish your identity when you access our products or services;
- To enable us to operate our products and services and provide them to you;
- To enable us to collect payment for our products and services;
- To better understand your needs and the needs of users in the aggregate, diagnose problems, analyse trends, improve the features and usability of our products or services and better understand and market to our customers and users;
- To improve your browsing experience by personalizing our products and services;
- To provide other companies with statistical information about our users - but this information will not be used to identify any individual user;
- To provide open data or open source software projects with information about issues identified by our users such as data errors or omissions, or new use cases - but this information will not be used to identify any individual user;
- To tell you about products and services offered by us that we believe may interest you - unless you ask us not to; and
- To comply with our legal obligations and assist government and law enforcement agencies or regulators.
We use Navigational Information to operate and improve our products and services.
Do we publish customer testimonials and comments?
We may post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.
How do we collect Personal Information?
We collect most Personal Information directly from you, e.g. when you use our products or services or contact us. Sometimes we collect information about you from others. We will generally only do this with your consent.
We may also collect information about you that is publicly available, for example from public registers or social media, or made available by third parties.
If we need to obtain sensitive information about you, we will ask for your consent where required by law.
We also collect information from you electronically. If you log into our products and services, we may collect information from you to confirm your identity. So that we can better tailor information, products and services to your needs, when we send you email messages, we may use technology to identify you so that we can know when you have opened the email or clicked on a particular link in the email.
When you use our products and services, we may collect information about your location or activity. Some of this information is collected using cookies.
How do we hold and manage personal information?
Much of the information we hold about you will be stored electronically in secure data centres located in the United States owned by either us or our external service providers. Some of your information will be stored in paper files.
We use a range of physical and electronic security measures to protect the security of the Personal Information we hold.
Disclosure of personal information?
We may disclose your personal information to organisations external to us. This includes:
- Your advisers, agents and service providers and anyone to whom you have agreed we may provide your information;
- Other organisations who provide products or services to you jointly with us;
- Prospective partners, data providers (such as the moderators of open software software or open data projects) or advertisers with whom we may share aggregate (non-identifiable) statistics about users of our products and services;
- Our legal advisers, accountants, auditors and any other agents, contractors or external service providers; and
- Where we are required or permitted to do so by law.
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
Do we disclose personal information overseas?
We may disclose your personal information to recipients located outside Australia including to our service providers which are likely to be located outside of Australia (for example, in the United States).
How long do we retain and how may you, access, update or correct your information?
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Services or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information.
You can ask for access to the Personal Information we hold about you. You can also ask for corrections to be made. We may charge you for any reasonable costs incurred by us to access your personal information.
There is no fee for correcting your Personal Information. If we disagree that your information should be corrected, we will tell you why in writing. We can deny or limit access to your personal information if we cannot identify you, the information relates to commercially sensitive or privileged material, or if your request is vexatious. Whatever the outcome, we'll write to you explaining our decision.
How can you contact us?