Terms & Conditions

Agreement Between Customer And Blockchain Smart Solutions

Last revised on 08-March-2020.

Welcome to blocksmartsol.com website (the “Website”).This Website is operated by Talisman Group Pty Ltd. 5 Waitara Avenue, Waitara, NSW 2077, Australia. This Website is provided solely to assist customers in gathering information about blockchain technology, determining the availability of blockchain-related training programs, engage us for blockchain related software development services or otherwise transacting business with suppliers, and for no other purpose (together the “Services”). The terms “we”, “us”, “our”, “Blockchain Smart Solutions”, “BSS” and “Talisman Group Pty Ltd” refer to Talisman Group Pty Ltd. “Blockchain Smart Solutions Partner” means any co-branded and/or linked website through which we provide links, content or service. The term “you” refers to any person visiting the Website and using or seeking to use any of the Services.

This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms & Conditions”, “Terms of Use” or “Agreement”). Please read these Terms & Conditions carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for blockchain-related products or services displayed on the Website, or contacting our call centre (“Service Centre”) representatives, you agree that the Terms & Conditions then in force shall apply. If you do not agree to the Terms & Conditions, please do not use, or book any training program through, this Website or our Service Centre representatives. We reserve the right at any time, at our sole discretion, to replace or amend the Terms & Conditions without prior notice by posting the revised Terms & Conditions on this Website. Your continued access to or use of this Website on and from that time signifies your acceptance of the replacement or amended Terms & Conditions in relation to any Services provided after that time. In relation to any Services provided before that time, the Terms & Conditions as in effect at the time the Services were provided (e.g. when you complete transaction for taking part in the training workshop) will continue to apply.

Use Of The Website

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with these Terms & Conditions;
  4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the Terms & Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and
  6. all information supplied by you on this Website is true, accurate, current and complete; and

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms & Conditions.

Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of training and/or development services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited information in relation to your service request (training or software development) booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: 

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep—link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or
  7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Blockchain Smart Solutions may cancel any service reservations associated with your name, email address or accounts. If you have conducted any fraudulent activity, Blockchain Smart Solutions reserves the right to take any necessary legal action and you may be liable for monetary losses to Blockchain Smart Solutions, including litigation costs and damages. To contest the cancellation of a booking, please contact Blockchain Smart Solutions Customer Service.

Privacy Policy

Talisman Group Pty Ltd. believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

The Booking Contract

Your booking in the training program will be confirmed via confirmation email and a contract will exist when Blockchain Smart Solutions issues a written confirmation after receipt of the total payment amount. Please check your confirmation carefully and report any incorrect or incomplete information to Blockchain Smart Solutions immediately. Please ensure that names are exactly as you want them to be.

You agree to provide full, complete and accurate information to Blockchain Smart Solutions.

Booking On Behalf Of Others

By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your training booking, notifying Blockchain Smart Solutions if any changes or cancellations are required and keeping your party informed. By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Blockchain Smart Solutions will under no circumstances be liable for any errors or omissions in the information provided by you to complete a booking.

Special Requirements

Any special requirements must be disclosed to Blockchain Smart Solutions at the time of booking. Blockchain Smart Solutions will use reasonable efforts to accommodate special requirements or requests but this is not always possible.

Validity

All dates for training programs are subject to change (due to any flight interruptions or other impacts) at any time and the ideal revised dates will be provided to you in the best interest of the training participants.

Force Majeure

Blockchain Smart Solutions will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Blockchain Smart Solutions failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Blockchain Smart Solutions; or an event which Blockchain Smart Solutions or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.

Prices, Surcharges And Taxes

The price of the Training program and any products or services offered and after the signing of the purchase agreement (and after receipt of full payment for the “Service” by Blockchain Smart Solutions) is firm and final from 30 days before departure. The training programs are priced and advertised exclusive of applicable sales taxes. 

Cancellation Policy

In case of cancellation of your or the Participant’s Training (if upon your or Participant’s convenience), 70% of the total shall be reimbursed to you or to the Participants of the Training, provided they inform Blockchain Smart Solutions in writing 30 days (twenty calendar days) before the commencement of the Training program. Any claims within the last 30 days (thirty calendar days) before the commencement of the Training will not be refunded. 

Such reimbursement shall be released back to you or to the Participants’ bank account within 30 days (thirty calendar days) of receipt of their written intimation. All payments (both ways) will be processed through banking cheques and/or electronic transfer to your nominated bank account and/or bank debit/credit card.

Bank And Credit Card Fees

Your payment is processed in Australia, when we process your payment. 

Blockchain Smart Solutions may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).

Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a non US-issued card with a US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking your training program may be considered an international transaction by your bank or card company, since we may pass your card details to an international supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Flexibility And Unused Services

The schedules, venue, amenities and mode of training delivered are subject to change without notice due to unforeseeable circumstances or events outside the control of Blockchain Smart Solutions (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused due to no fault of Blockchain Smart Solutions, including your negligence or breach of these Terms.

Acceptance Of Risk

You acknowledge that the products and services offered by Blockchain Smart Solutions may involve a significant amount of risk to your health and safety. By interacting with Blockchain Smart Solutions, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Blockchain Smart Solutions from all claims and causes of action arising from any losses, damages or injuries or death, included in services or products otherwise offered by Blockchain Smart Solutions. You and the other participants must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act during the training or, if in the opinion of Blockchain Smart Solutions (acting reasonably), your behavior is causing or is likely to cause danger, distress or material annoyance to others, Blockchain Smart Solutions may terminate your arrangements on any product or service immediately at your expense and without any liability on Blockchain Smart Solutions’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your contract, including, without limitation, return travel, accommodations, meals, and incidentals.

You agree to take all prudent measures in relation to your own safety while in the training program, including, but not limited to, the proper use of safety devices (wherever applicable) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Blockchain Smart Solutions nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings. You agree to bring any complaints to Blockchain Smart Solutions as soon as possible in order to provide Blockchain Smart Solutions with the opportunity to properly address such complaints. Blockchain Smart Solutions assumes no liability for complaints that are not properly brought to the attention of Blockchain Smart Solutions and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Training program or any other engagement with Blockchain Smart Solutions must be received in writing by Blockchain Smart Solutions within 30 days of the last day of training program in question.

Disputes

Blockchain Smart Solutions is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. 

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting us. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. 

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Blockchain Smart Solutions Legal: Arbitration Claim Manager,” at Talisman Group Pty Ltd. 5 Waitara Avenue, Waitara NSW 2077. If we request arbitration against you, we will give you notice at the email address or street address you have provided.

Liability Disclaimer

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Blockchain Smart Solutions do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the blockchain technology, its application, benefits and other products and services displayed on this Website (including, without limitation, the pricing, photographs, list of conference room amenities, general product descriptions, etc.). In addition, Blockchain Smart Solutions expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. 

Blockchain Smart Solutions, its Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Blockchain Smart Solutions or its Partners. All such information, software products, and services are provided “as is” without warranty of any kind. Blockchain Smart Solutions, its Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Blockchain Smart Solutions, its Partners and/or their respective suppliers are free of viruses or other harmful components. Blockchain Smart Solutions, its Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. 

The hotels and other suppliers providing event management, venue or other services during the span of Training are independent entities and not agents or employees of Blockchain Smart Solutions. Blockchain Smart Solutions is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Blockchain Smart Solutions have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. 

In no event shall Blockchain Smart Solutions and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Blockchain Smart Solutions and/or their respective suppliers have been advised of the possibility of such damages. 

If, despite the limitation above, Blockchain Smart Solutions or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Talisman Group Ptd Ltd. and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Talisman Group Pty Ltd. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (AU$100.00) or the equivalent in local currency. 

Please note this is only in the case where any negligence done by Blockchain Smart Solutions and its parents, subsidiaries, sub-contractors and their respective employees, affiliates, officers, directors, successors, representatives, provided the claim is duly supported by written evidence. Such claim will be entertained by Blockchain Smart Solutions not later than 30 (thirty calendar) days from the happening of the actual incident or at the end of the planned training program and with full supporting documentation (e.g. medical report, photos and other legal reporting procedures of the destination country). It should be noted that such claims will not be acceptable in the case of the events covered under Force Majeure clause or if claimable under any of your relevant insurance policies.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Talisman Group Pty Ltd., and/or their respective suppliers.

Indemnification

You agree to defend and indemnify the Talisman Group Pty Ltd., and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

Links To Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Talisman Group Pty Ltd.. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Reviews, Comments, Photos And Other Submissions

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Talisman Group Pty Ltd. and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Talisman Group Pty Ltd. Partners”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Talisman Group Pty Ltd. Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown or organization for a feedback or testimonial you provided for your experience with us) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Blockchain Smart Solutions the right to pursue at law any person or entity that violates your or Talisman Group Pty Ltd. rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Talisman Group Pty Ltd. Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions. 

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Talisman Group Pty Ltd. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Copyright And Trademark Notices

All contents of this Website are ©2020 Talisman Group Pty Ltd. All rights reserved. Blockchain Smart Solutions, BlockSmartSol.com, the Blockchain Smart Solutions logo, are either registered trademarks or trademarks of Talisman Group Pty Ltd in Australia and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Talisman Group Pty Ltd. is not responsible for content on websites operated by parties other than Talisman Group Pty Ltd. 

If you are aware of an infringement of our brand, please let us know by emailing us at contact@blocksmartsol.com. We also address messages concerning brand infringement at this email address. 

Notice Of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. 

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to contact@blocksmartsol.com, Subject: IP/Trademark Legal Dept.

General

The Contract and these Terms are subject to the laws of the State of New South Wales, Commonwealth of Australia and you submit to the exclusive jurisdiction of the courts located in the State of New South Wales, Commonwealth of Australia for the resolution of any dispute under these Terms or concerning any product or service. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.  

You agree that no joint venture, partnership, or employment relationship exists between you and Talisman Group Pty Ltd. as a result of this Agreement or use of this Website. 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Talisman Group Pty Ltd. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. 

Any rights not expressly granted herein are reserved.

Amendments

Blockchain Smart Solutions reserves the right to update or alter these Terms at any time, and will post the amended Terms on Blockchain Smart Solutions’s website at https://www.blocksmartsol.com/terms-conditions

Any amendment will take effect 10 days after being posted to Blockchain Smart Solutions’s website. An up-to-date copy of these Terms, as amended, may be accessed at any time on Blockchain Smart Solutions’s website and will be sent to you upon written request to Blockchain Smart Solutions. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on Blockchain Smart Solutions’s website.Blockchain Smart Solutions recommends that you refer to the Terms prior to making any training or other service reservation to familiarize themselves with the most up-to-date version available.

Service Help

For quick answers to your questions or ways to contact us, you can write to us at: 

  • Subject: Service Help
  • Email address: contact@blocksmartsol.com