Terms of Use

In these Terms of Use (Terms​), references to “we”, “us” and “our” refer to MyStake Pty Ltd ABN 98 615 843 206 ("MyStake") and references to "you" and "your" refer to each user of our Site.

Please read through the following Terms carefully as they govern the use and access to the website https://myStake.io (this “Website”) [and the purchase of any service/s]. A reference to this Website includes any application for mobile devices provided by MyStake. These Terms must be read in conjunction with our privacy policy, which is available at https://mystake.io/privacy ("Privacy Policy"), and any other applicable terms referenced on this Website.

  1. Your acceptance
  2. By using, accessing or browsing any part of this Website, including through communicating with us and participating in any of our forums, promotions, subscriptions, purchases, specials and/or programs (“Services”), you agree to be bound by these Terms and Privacy Policy, and any other terms and conditions that are made available by us (including any special offers). If you do not accept these Terms, you must refrain from using this Website.

  3. General disclaimer
  4. You should be aware that the information on this Website and these Terms are subject to change.

    Amendments will be effective immediately upon publication on this Website and it is your responsibility to check the Website regularly for amendments. Your continued use of this Website following such publication will represent an agreement by you to be bound by the Terms as amended.

    We recommend that you read these Terms each time you access this Website. The information on this Website and/or these Terms may be different and will apply to your use.

    Content on this Website is provided for general information only and is not intended to amount to advice on which you rely.

  5. Website Licence
  6. MyStake retains ownership of the MyStake Website and reserves all rights not expressly granted to you.

    MyStake grants you a non-exclusive and non-transferable licence to use this Website to receive services from MyStake only and subject to these Terms and any other terms and conditions on this Website.

    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 without our prior written permission on-sell or resupply for commercial purposes information obtained from this Website.

  7. Your Account and Password
  8. To create an account you must complete your registration details in the manner described on this Website, including providing your name, company name, company address, ACN, email address, and phone number. ​[Registering for an account is free but non-transferable and may not be accessed by anyone outside your organisation. ]

    You may not have more than one active account on this Website whether through a pseudonym, email address or other means. You can update, edit or terminate your account at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.

    We reserve the right to terminate your membership at any time if in our reasonable opinion you breach these Terms.

  9. Subscription Services
  10. You may only access and use certain information and the Services available on this Website after purchasing a subscription for the price specified at the time of purchase (Subscription Fee​). Subscriptions will continue on a month-to-month basis unless cancelled. If you do not cancel your subscription you authorise us to charge the Subscription Fee for the next month. ​You may cancel your subscription by contacting us at customerservice@mystake.io. ​You can cancel your subscription at any point in time.

    A failure to pay the Subscription Fee for any given month will result in suspension of your account and associated Website and Application access until full payment is made. Payments are processed by Stripe and are subject to their terms and conditions.

    We may cancel your subscription and suspend your account for convenience by giving you 14 days' written notice. Without limiting our right to cancel for convenience, we may cancel your subscription and suspend your account at any time if we reasonably believe you are in breach of these Terms.

  11. Free Trial Period
  12. You will be notified during the registration process if you are eligible for a free trial period. If applicable, a free trial period commences upon registration of your account for the period of one month unless otherwise specified at the time of registration.

    If you do not terminate your subscription in accordance with clause 5 you are automatically registered for a paid subscription and authorise us to charge the Subscription Fee for the next month on the last day of the free trial period. Clause 5 continues to apply to your subscription following the free trial period.

  13. Limitation of Liability
  14. This limitation of liability set out in these Terms does not attempt or purport to exclude liability arising under statute (including the Australian Consumer Law ("ACL")) if, and to the extent, such liability cannot be lawfully excluded.

    Neither MyStake, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this 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.

    Except as otherwise stipulated in these Terms, this limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise in respect of any failure or omission on our part to comply with our obligations as set out in these Terms. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. If 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:

    (a) if the breach relates to goods:
    1. replacement of the goods or the supply of equivalent goods;
    2. repair of such goods;
    3. payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. payment of the cost of having the goods repaired; and
    (b) if the breach relates to services:
    1. supplying of the services again; or
    2. payment of the cost of having the services supplied again,

    and if item (i) or item (ii) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

    Otherwise, we limit any and all of our liability to AUD$100.

  15. Access and communication
  16. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

    We use reasonable efforts to ensure the integrity of this Website. However, we do not and cannot warrant that your use of this Website will be error free or uninterrupted, or guarantee or promise that the delivery, safety or security of communications over the internet, this Website or your computer systems. We provide this Website on an "as is" basis and while we use reasonable efforts to ensure accuracy, we cannot guarantee that the information on this website is complete, current or error-free.

    We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of this Website unless it was directly and solely caused by us.

    The web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects. Accordingly, any information which you transmit to us is transmitted at your own risk, and you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of computer viruses, disabling codes, worms or other devices or defects which may damage your own computer system. We do not accept responsibility or liability of any nature for any such losses, interference or damage which you may sustain as a result of your use of this Website or any linked website.

    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 use of, or access to, this Website.

  17. Privacy
  18. You consent to any personal information submitted by you via this Website being collected, used, disclosed and otherwise handled in accordance with our Privacy Policy.

  19. Copyright
  20. Except in relation to Submitted Material (defined below), copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned, controlled or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:

    • adapt, reproduce, store, distribute, copy, print, display, perform, publish or create derivative works from any part of this Website; or

    • commercialise any information, products or services obtained from any part of this Website;

    without our prior written permission.

  21. Trade Marks
  22. This Website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors).

    You must not use any of our trade marks, logos, service names or trade names appearing on this Website:

    • or as the whole or part of your own trade marks or business name or company name;
    • connection with activities, products or services which are not ours;
    • a manner which may be confusing, misleading or deceptive;
    • a manner that disparages us or our information, products or services (including this Website).

    You must not authorise or assist any person to do any of the acts specified above.

  23. User Submitted Material
  24. Any information, communications or material which you or other members submit, post, create, upload or otherwise contribute to this Website ("Submitted Material") must comply with these Terms and all policies, guidelines and directions published by MyStake from time to time.

    MyStake is not responsible for the accuracy, completeness or suitability of any Submitted Material, and you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from this Website, including ascertaining the currency of information.

    MyStake does not and cannot review all Submitted Material and it excludes all liability in respect of Submitted Material. If you have a complaint regarding any material displayed or communicated through this Website, MyStake’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.

    By creating an account and contributing any Submitted Material, you acknowledge and agree that:

    1. we may review your content before allowing it to be posted or displayed on this Website and we may determine in our sole discretion not to post your information or material on this Website for any reason;

    2. we do not warrant that we will post your information or material on this Website. If we elect in our sole discretion to post your information or material in the discussion forum, we do not warrant that the material or information you submit will be posted within a certain timeframe;

    3. any of your Submitted Material may be posted on this Website for any other members or guests to read;

    4. we do not warrant that any Submitted Material will be protected against loss, misuse or alteration by third parties.

    5. all information provided by us in response to Submitted Material is provided by us as general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;

    6. we do not accept any responsibility or liability for your Submitted Material, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of your Submitted Material;

    7. we do not warrant that we will respond to questions or comments in Submitted Material;

    8. if you download any material from the discussion forum, we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.

    MyStake reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:

    1. abusive, defamatory, or obscene;

    2. fraudulent, deceptive, or misleading;

    3. in violation of a copyright, trademark or other intellectual property right of another;

    4. in violation of any law or regulation; or

    5. offensive or otherwise unacceptable.

  25. Prohibited Uses
  26. In using this Website and Services you must not:

    1. engage in any conduct that in any way breaches any applicable local, national or international law or regulation;

    2. engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;

    3. impersonate or falsely claim to represent a person or organisation, or otherwise use this Website in a way that is, or is intended to be, unlawful or fraudulent;

    4. defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;

    5. post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use this Website in a manner which is unlawful;

    6. post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan, worm or other harmful or disruptive component;

    7. link to any part of this Website or frame or use any framing techniques to capture any part of this Website; or

    8. use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on this Website, or use any manual process to copy this Website or content contained thereon;

    9. access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

    10. attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this Website, including automated tools.

  27. Linked Web Sites
  28. This Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

    We are not responsible for the content or privacy practices associated with linked websites.

    Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, 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.

  29. Termination
  30. MyStake may immediately terminate your account or access to this Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your account or access to this Website at your sole discretion and with prior notice if reasonable in the circumstances. Any Subscription Services must be terminated in accordance with Clause 5.

  31. Consent To Receiving Commercial Electronic Messages
  32. If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

  33. Severability
  34. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

  35. Applicable laws
  36. This policy is governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

  37. General
  38. We accept no liability for any failure to comply with these Terms where such failure is due to circumstance beyond our reasonable control.

    If we waive any rights available to us under these Terms on one occasion, this does not means that those rights will automatically be waived on any other occasion.

    These Terms and our Privacy Policy form our entire agreement with you. Any other terms and conditions, or representations will be excluded to the extent permitted by law. This does not in any way limit the rights available to you under the ACL.

  39. Contact
  40. If you have any queries, issues or complaints about these Terms or this Website please contact us through the function available at Drift ​or customerservice@mystake.io