CryptoCrewz Policies

Terms of Service

Last Updated: 04-July-2022

PART A - INTRODUCTION

1. Introduction:

This website www.cryptocrewz.com and www.recordifly.com is operated by CRYPTOCREWZ. Throughout the site, the term “CRYPTOCREWZ”, “we”, “us”, or “our” as the context may require, refers to CRYPTOCREWZ. By visiting our site at “Music”, “Apparel”, “NFT Art”, “News”, “'Blogs”, “Announcements”, “Promotions”, “Posting in Search Engines”, “Articles”, “Associated Apps” and/or purchasing something from us, Pre-Registration or downloading, you engage in our Sales/Services and agree to be bound by the following terms and conditions as well as other CryptoCrewz Agreements, the link of which is given at the end of this Agreement.

We reserve the right to update, change or replace any part of these Terms of Sale/Service & User Agreement without prior written notice at any time, and it is your responsibility to regularly review these updated Terms of Sale/Service & User Agreement. Any changes to the Terms will be in effect as of the « last updated » referenced on the site. Your continued use of this site after the last updated dates will constitute your acceptance of the Agreement. By visiting the website of our products merchants, in particular, but not limited to www.opensea.io, you also engage and agree to be bound by their terms and conditions in addition to the terms written in this Agreement.

CRYPTOCREWZ reserves its right to sell full or a part of its NFT collections (Music, MetaVinyl, Digital Art, or other Collections) at its platform/website. It will also be at the sole discretion of CryptoCrewz to sell its NFT collections under different Series in the future at a discounted price or a premium price from the existing market price of a particular NFT collection. None of the Users shall have any right to get an injunction through any court of law to restrict the issue/sale of the next Series of a particular NFT collection. CryptoCrewz further reserves its right to allow an artist to retain a particular quantity of metavinyl, which may also be sold in the future as a separate Series of Collection. The discount or a premium of Series NFTs collection shall be restricted between 5% to 20% from the existing market price of a previous Series of NFTs collection.

Example: Suppose the floor market price of NFT Series 1 of a particular NFT collection is $1000 at the time of issue of an NFT Series 2 of the same NFT collection with additional features in it. The price of NFT Series 2 shall be fixed between $800 to $1200.

CRYPTOCREWZ collectibles are a generative collection of digital artwork (NFT's) housed and run on our Network. Users and collectors of these NFTs are solely responsible for the safety and the management of their own private assets, which include but are not limited to Digital Wallets, validating all transactions and contracts generated by this website prior to and after purchases.

Users certify that through purchase at our platform, they are bound by our system and terms, as we have no ability to undo, reverse, or restore any transactions. Any connected services included on this website are provided “as is” and “as available” without any warranty of any kind. Use of this website constitutes your Agreement that you are accepting sole responsibility for any and all transactions involving CryptoCrewz digital collectibles.

By agreeing to these Terms of Sale/Service & User Agreement, you represent that you are at least the age of majority in your State, Province, or Country of residence. Further, you agree and declare that you are not restricted to use any part or section of our website/platform due to any ban or restriction by your State or Country of residence.

You may not use our products and/or services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to Anti Money Laundering and Terrorist Financing By-Laws).

PART B - TERMS OF MUSIC & APPAREL SECTION

2. Sale/Service conditions of Merchandise:

CryptoCrewz reserves its right to return any order arising from any section of its website or connected apps or links, due to the risk of fraud, suspicion of Anti-Money Laundering, Terrorist Financing activity, technical errors, or for any reason it deems justified. The customer will be informed about the refund.

2.1 Delivery Method:

Our delivery system is fully integrated with Australia Post to provide you with dispatch notifications (tracking information domestic only) and proof of delivery signatures, as well as real-time shipping calculations based on National and International destinations, purchased products, and shipping methods selected. We deliver to the address given at the time of placing an order for “Music” “Vinyl”, and “Apparels” in your shipping Information on receipt of payment through third-party payment gateways including PayPal /Google Pay.

We offer a variety of third-party domestic and international shipping methods, including a standard, express, international standard, international tracking, and international express. Our Company is not responsible for any items "lost" or "damaged" in the mail as all such deliveries shall be handled by third parties and you agree to be bound by the Terms of Shipping of the respective third-party shipping agency. Shipping charges will be charged as per the latest announcements depending upon the distance, area, and availability of third-party services.

2.2 Delivery time:

We deliver from Monday to Friday during our office working hours. Orders placed after 5 P.M. (Australia Time) will be placed on the next business day. All orders placed on weekends or holidays will be processed and shipped on the next available delivery date. If there is a high demand, your order will be shipped late. The delay maybe longer due to certain circumstances, but we apologise in advance. In addition, if your item is not available at the time of purchase, our customer service team will notify you to help you find a suitable alternative.

The following delivery periods are recommended and not guaranteed.

Overseas orders: 2-4 weeks depending on delivery time.

International customs may store the item, so it may take 2-4 weeks or more after placing the order, in which case it may take 4-8 weeks.

International Express Orders: Delivered within one week.

Australian standard order: Within 7 days

Australian Express orders: Within the next- 2 days.

Note: CryptoCrewz shall not be responsible for any delay mentioned above as the services will be handled by a third party.

2.3 Shipping cost:

Shipping costs are calculated in real-time. Costs are based on the product purchased, the delivery address, and the shipping method selected. The costs are in Australian dollars. You can get an approximate cost before placing an order in the Music and Apparel Section.

2.4 Import tax /Duty fee/Taxes:

Orders shipped outside Australia may be subject to import duties and taxes in the country of destination. Import duties and taxes shall be applied by the relevant importing customs authorities and paid by the consignee (User of CryptoCrewz). It depends on the import regulations of the recipient country. Please consult your local customs office for details. Most of our orders are not affected by import duties, but we need to show that this is possible.

2.5 Pre-Orders:

For pre-orders of more than one product, we try to deliver as early as possible subject to the availability of both products. We recommend that you place two separate pre-orders for your items to receive them as soon as possible. You cannot sort orders or ship products separately after an order has been placed.

2.6 Vinyl delivery:

We also supply sealed and unopened vinyl (where available). If you're truly a vinyl enthusiast and would prefer the vinyl removed from its sleeve when shipped to avoid seam splits etc, then add a vinyl desleeving product to your order. We cannot guarantee the condition of the package upon arrival and we are not responsible for damage to the vinyl during transport. However, we take great care when shipping the vinyl and will do our best to pack it to make sure it is delivered in the best possible condition.

3. Modifications/Changes to the Sales/Services Prices:

The prices of our products/services are subject to change without any prior notice before an order has been placed.

We reserve our right to modify or discontinue the product/service (any part or content thereof) without prior notice at any time.

We shall not in any case be liable to you or any third party for any modification, discontinuance, suspension, or price change of the product/service.

4. Online Sale of Products/Services:

The products or services being sold online may have limited quantities and they are subject to return or exchange only as per our Return Policy.

We have made all possible efforts to display the colours and images of our products/services that appear actually on our platform. However, we cannot guarantee that the colour of the products being displayed by your computer is accurate.

We reserve the right but we are not obligated in any way to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may, however, exercise this right on a case-to-case basis. We reserve the right to limit the quantities of any products or services that are offered by us. All descriptions of products or product pricing are subject to change at our sole discretion without any prior notice. We also reserve the right to discontinue any product/service at any time. The offer for any product or service made on this site is void where it is prohibited.

We don’t warrant that the quality of any products, services, information, or other material purchased or obtained by you will fulfil your expectations.

5. Correctness of Billing/Account Information:

Any order you place with us is subject to our discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at any time. These restrictions may include orders placed by or under the identical customer account, and/or orders that use the identical billing and/or shipping address. In case we make a change or cancel an order, we shall try and notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors at our sole discretion.

You comply with providing current, complete, and accurate purchase and account information for all purchases made at our Platform. You comply with promptly updating your account and other information, including your email address in order that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy.

PART C - NFTs ART SECTION

6. CryptoCrewz NFT Terms of Sale:

When you purchase non-fungible tokens (NFTs), you agree to the terms and conditions set out in this document (NFT Terms), which apply to you and any subsequent person to whom you sell the NFT(s) you bought from us in the first instance.

6.1 Applicability of NFT Terms:

All NFTs purchased or procured by you are subject to these NFT Terms unless otherwise agreed in writing and by purchasing or pre-purchasing any NFT you're agreeing to be bound by these NFT Terms.
The purchase of any NFTs with CryptoCrewz is subject to these NFT Terms together with any other terms and conditions which may apply to the use of CryptoCrewz.
Termination of any NFT contract will not affect any of your obligations that have arisen prior to termination.

6.2 Purchasing NFTs:

6.2.1 Pre-sales of NFTs through Pre-registration with CryptoCrewz:

We may conduct pre-sales of NFTs from time to time to the Users who have availed the pre-registration facility, either as a stand-alone or with bundles (announced by CryptoCrewz from time to time keeping in view of AML/CFT limitations), including for early access or for expansion of CryptoCrewz.
Orders placed for pre-purchase of NFTs are non-refundable, can't be cancelled for change of mind, and need payment of the Purchase Price at the time of the pre-purchase.
We may require that you register an account with us by providing minimum KYC information, to pre-purchase an NFT.
We may simply attach your Digital Wallet (As selected by you at the time of pre-registration) at the time of the order, or at a later time, for delivery of any pre-purchased NFT.
We will undertake reasonable endeavours to deliver any pre-purchased NFTs to your nominated Digital Wallet by any date we provide for delivery. However, you acknowledge, that the delivery date may change at our sole discretion for the reasons within or beyond our control.

6.2.2 Sales of NFTs:

We may list NFTs purchasable from time to time, which can be stand-alone or as part of a bundle of other digital goods.
Orders placed for NFTs are non-refundable, can't be cancelled for change of mind, require payment fully of the Purchase Price at the time of purchase, and may require that you connect or provide a Digital Wallet for delivery of the NFT at the time of sale.

6.2.3 Pre-conditions to sale:

You must provide a Digital wallet or you will create a new Digital Wallet through a third-party Digital Wallet provider like Metamask, Coinbase Wallet, Google (Venly), Twitter (Venly), Facebook (Venly), sendwyre and MagicConnect or any other Digital Wallet provider.
You must provide your minimum required basic information about yourself like email id, phone number, name, address, and date of birth.
You must make payment in full in any nominated Digital Currency or via any other nominated payment method as a pre-condition to any purchase of an NFT. However, your currency may be subject to any conversion charges charged by a third-party payment gateway.
In the event that any payment is reversed or becomes invalid, including a double-spend attack or recall or refund request by a payment processor, you immediately return to us any sold NFTs, where the Purchase Price has no longer been retained in full by us.

6.2.4 Title and Risk:

Risk and title in any NFT purchased transfers to you upon delivery of the NFT in the Digital Wallet provided by you. Thereafter, CryptoCrewz shall have no access to the said NFT and you agree that CryptoCrewz shall not be responsible for any loss or damage to the NFT and your Digital Wallet.

7. Ownership:

When you purchase your CryptoCrewz NFT, you own the NFT: the ownership is transferred to you in your Digital Wallet on the Polygon blockchain for that individual piece of art with a combination of traits and numbers. Ownership of the NFT is ruled by the smart contract and the Polygon Network terms. We, CryptoCrewz, have no ability to alter, freeze, seize or modify the ownership of any CryptoCrewz NFT.

8. Gas Fees:

Every transaction on the Ethereum and Polygon Blockchain requires the payment of a transaction fee (a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralised Ethereum Polygon Blockchain. This means that you will need to pay a Gas Fee for each transaction that you instigate via the purchase of a CryptoCrewz NFT. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the purchase of a CryptoCrewz NFT.

9. EULA Compliance:

The User further agrees that he/she/it shall be bound by the End User Licence Agreement of CryptoCrewz, the link of the same is given at the end of this Agreement.

10. Restrictions on Ownership:

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our express prior written consent in each case: (a) modify the Art for your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your NFT to advertise, market, or sell any third-party product or service; (c) use the Art for your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your NFT; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your NFT; or (g) otherwise utilize the Art for your NFT for your or any third party’s commercial benefit.

Further, CryptoCrewz reserves the right to use any character, including print or digital advertising, or any creative media in support of the CryptoCrewz community.

If at any time you trade, donate, give away, transfer, or otherwise dispose of your NFT for any reason, the licence granted above will immediately expire, without notice, and you will have no further right in or to the artwork of this NFT. However, the transfer of the licence to a third party shall be subject to the discretion and terms of CryptoCrewz.

11. Warranties:

11.1 Our Warranties:

We represent and warrant that:

We own or use under licence, the property Rights in the Music/Apparel/NFTs which we sell and are legally entitled to, and are capable of, selling the Music/Apparel/NFTs offered for sale;
We will give you notice publicly at our website before we discontinue or alter the rights, price, quantity, quality, terms, policies, or features of any Music/Apparel/NFTs, and
Pre-registration at the CryptoCrewz Website/Platform does not give any right to the Registrant. It will not be treated as an offer or a guarantee to sell any NFT Art. Further, it is not advice or an offer of gain or return on investment. Pre-registration policy shall be announced by the CryptoCrewz from time to time and all decisions of CryptoCrewz shall be final & binding on pre-registrants.

Note: You must take advice from your own consultants before doing any pre-registration at our platform or purchasing NFTs from us.

11.2 Purchaser warranties:

You warrant and assure us that in acquiring an NFT from us;

you are adequately experienced and qualified to make decisions regarding the procurement or purchase of NFTs from us, including sufficient experience in handling and storing NFTs using a Digital Wallet;
you have all the necessary experience, resources, certificates, capacity, permits, and approvals to acquire or purchase NFTs applicable in your Jurisdiction, and any transactions done under these NFT Terms or in your use of CryptoCrewz will be legal under the applicable laws of your jurisdiction;
all information you supply to us are true and accurate as at the time it's given and also the Digital Wallet address which you provide to us has been generated in accordance with best practice security measures and no other party, except you or your authorised representative, has used, or has access to, the seed phrases, private keys or analogous passwords that are required to effect transfers from the Digital Wallet;
as far as you're aware, there are not any facts, circumstances, or other information which;

you have not completely and reasonably disclosed to us in a manner and to an extent that it would impact our ability to make a reasonable assessment of those facts, matters, and circumstances before entering into a transaction to sell you an NFT; and
is of such nature and materiality that a wise person, had it been made conscious of, wouldn't reasonably be expected to consider prior to entering into a transaction for the sale of NFTs;
is suspicious in nature and violates AML/CFT rules & regulations.

you are not involved in any capacity in any claim, action, proceeding, suit, litigation, prosecution, investigation, inquiry, mediation, or arbitration (nor which are pending or threatened) concerning NFTs;
if we request, you'll identify and substantiate the source of funds involved in transactions to acquire NFTs;
you are not restricted by any law of any State or Country to enter into any binding contract pertaining to NFTs;
you are the lawful owner of any Digital Wallet designated for NFTs delivery and Digital Wallet is owned and operated solely for your benefit, and no one else has any right, title, or interest in your designated Digital Wallet; and
you have had the opportunity to obtain independent legal advice in relation to the terms and effect of these Terms.

11.3 Continuous warranties:

You represent and warrant to us that each and every Purchaser Warranties are true and accurate, and not misleading or deceptive as at the date of these Terms and, except as expressly stated, are going to be true, accurate, and not misleading or deceptive whenever NFTs are provided to you.
You represent that you are not involved in any kind of money laundering activities.
You represent and warrant that you will not use NFTs in any kind of terrorist financing.

11.4 Notification:

You must tell us anything that has or will form a material breach of a Purchaser’s Warranty or cause a Purchaser’s Warranty to be untrue or inaccurate, as soon as practicable after you become conscious of it.

11.5 Mutual warranties:

Each party warrants and gives assurance to the other party that:

if it's a company, it's duly incorporated and validly existing under the law of its place of incorporation;
it's not subject to an Insolvency; and
these terms constitute a legal, valid, and binding term enforceable in accordance with its terms by appropriate legal remedy.

11.6 Acknowledgments:

You acknowledge and agree that:

we provide NFTs solely without any investment advisory;
NFTs aren't intended for speculative use, aren't sold or represented to be a financial product and nothing we publish is in any way financial advice to you or any other person;
NFTs' may experience extreme price volatility, including being worthless in the future;
we aren't providing and will not provide any fiduciary, advisory, brokerage, exchange, or other similar services to you or any other person;
you are solely responsible for any decision to enter into a transaction subject to these NFT Terms, including the evaluation of any and all the risks associated with any such transaction;
a significant degree of IT sophistication is required to safely deal in and store NFTs of any kind in your personal Digital Wallet which shall exclusively be controlled by you under your highly confidential password;
we aren't a custodian of any NFT on your behalf. It shall exclusively be managed by you in your Digital Wallet;
all transactions entered into and conducted under these Terms are deemed to have occurred within the jurisdiction of State of Victoria, Australia;
we aren't responsible for any loss caused by your failure to act as per our policies, procedures, or in accordance with our reasonable directions;
you purchase NFTs entirely at your own risk and understanding, we have not made any representations or warranties as to the IT security or ongoing availability of such NFTs or that your access to use your NFTs will be uninterrupted, timely and secure at all the times. CryptoCrewz also reserves its right to announce an expiry date of a particular NFT.
you understand and acknowledge that your ownership of NFTs remains contingent upon remaining in your control of the seed phrases and private key associated with your Digital Wallet and that we will not store any information in connection with your Digital Wallet beyond that, required for the sale of NFTs;
we don't and cannot guarantee any particular price available for any NFT you buy from us; and
we don't represent or guarantee any outcomes, or any financial return from your acquisition of any NFT from CryptoCrewz.
we don’t guarantee satisfactory service of any third-party digital wallet and platform providers. You must compare and research the quality of services offered by a third party on our platform.

PART-D (GENERAL APPLICABILITY TO ALL SECTIONS)

12. CRYPTOCREWZ IP:

Other than the rights to the Art, nothing gives you any rights to any other trademarks or other intellectual property rights belonging to CryptoCrewz including, without limitation CryptoCrewz and the associated logos. All of these rights are expressly reserved in the name of CryptoCrewz.

13. Gifts and Promotions:

Continuation and discontinuation of all announcements, gifts, promotions, quizzes, and advertisements shall exclusively be at the discretion of CryptoCrewz.

13.1 TIKTOK & Other Promotion:

For the purposes of these Terms and Conditions, “The Company” refers to *CryptoCrewz* whose Instagram handle is @cryptocrewz, whose TikTok handle is @cryptocrewz, and whose Twitter handle is @Cryptocrewz and @CryptoCrewzP.
By entering the competition, you agree to be bound by these terms and conditions. The closing date of entry is Dec 31 2022 but may close early at the full and total discretion of CryptoCrewz.
The Company competitions with entry via TikTok are open to all global residents. For the 10 CryptoCrewz NFT giveaways, one (1) winner will be chosen at random.
For the 1m view TikTok post-free CryptoCrewz NFT, one (1) NFT will be chosen by The Company at random to be given to the winner.
No purchase is necessary. Winners will not be required to pay to enter the competition.
Entrants must be over 18 years old on the date of their entry.
Employees of The Company are not eligible to enter.
Instagram, Twitter, or TikTok are not in any way affiliated or involved in the competition.
Only one entry per person per competition will be accepted.
Each entrant shall enter the competition via TikTok by 1) tagging three users, 2) Like the post, 3) Following @cryptocrewz on TikTok, and 4) submitting the dancing video.
Once the video meets the minimum requirements for a prize, (eg 50K views, 500K views, etc), you have the sole responsibility to contact admin@cryptocrewz.com with the subject line "TikTok Winner", provide the video link and evidence of views, and ask for your prize.
The Company reserves the right to analyse the view count and any instance of suspected foul play, modified algorithms, bots, fake followers, or fake views will void the entry. The Company reserves the right to have full and final decision-making on this clause.
The Company will not be held liable for any failure of receipt of entries. The Company takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete, or otherwise invalid.
To the extent permitted by applicable law, The Company’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prizes in question.
To the extent permitted by applicable law, The Company shall not be liable under or in connection with these terms and conditions, the competition, or any Prize for any indirect, special, or consequential cost, expense, loss, or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the company and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
The winner’s name and social media usernames may be posted on the social media profiles of The Company after the winner has been selected.

13.2 CryptoCrewz may announce gifts from the “Music”, “Apparel” and “NFT” section of its website from time to time, which shall be restricted by separate terms announced and published from time to time, in addition to the terms written in this Agreement.

14. Intellectual Property:

14.1 No transfer of property:

Except as expressly stated in the Music/Apparel/NFT Terms, nothing in these Music/Apparel/NFT Terms are intended to offer you ownership of any Intellectual Property Rights in, or other rights in respect of, any trademarks, business names, logos, trading styles, get-up, processes, methodologies or other property belonging to us or our licensors. All ownership of property Rights in the Music/Apparel/NFTs remains with the CryptoCrewz.

14.2 Grant of Licence:

Subject to your continued compliance with the NFT Terms, we grant you a non-exclusive, transferable, worldwide, royalty-free, and limited licence to use, copy and display the planning and art associated with the NFTs you have purchased.
You agree that you simply may not, nor permit any third party to, without our written consent, modify the art, music, or design related to a Music/NFT you have purchased, or use such Music/NFT to promote, advertise, market, or sell any third-party product or service; or use the Music/NFT in reference to images, videos or other media which depict hatred, intolerance, violence or cruelty; or try and trademark or copyright additional intellectual property rights to the design, music or art associated with the Music/NFT; or use the Music/NFT for any commercial benefit.
Your licence terminates immediately if you:

Use the Music/NFT in any way which might be reasonably considered to bring the Intellectual Property Rights owner into disrepute, or which might be reasonably seen to disparage the Intellectual Property Rights owner; or
Use the Music/NFT for any unlawful or illegal purpose; or
Sell the Music/NFT and don't ensure that the buyer is notified of and agrees to be bound by these Music/NFT Terms.

14.3 Copyright:

CryptoCrewz owns all copyright in the art, text, images, photographs, graphics, user interface, and other content provided on this website and the mobile version of this website ("the Website"), as well as the selection, coordination, and arrangement of such content, to the full extent permitted by Australian and International Copyright Laws.

You are permitted to access the Website and its contents, but you are not permitted to copy, reproduce, alter, distribute, display, perform, or transmit any of the site's materials for any reason. Without CryptoCrewz's explicit written approval, any replication, copying, or redistribution for commercial purposes of any materials or design elements on the site is strictly prohibited. Without prior explicit consent from CryptoCrewz, systematic retrieval of data or other content from the Website to establish or compile, directly or indirectly, a collection, compilation, database, or directory is forbidden.

14.4 Trademarks:

CryptoCrewz and different third parties, business partners of CryptoCrewz, have registered and unregistered trademarks on the Website including but not limited to metavinyl(TM). You may not use these trademarks unless the owner of the relevant trademark has given you express permission to do so.

14.5 Links:

The links to third-party websites included on this Website are given solely for your convenience. CryptoCrewz does not support any of the items or services offered on or through any third-party websites. You use the items and services offered on or through those third-party websites at your own risk.

Other website administrators and managers are welcome to use the CryptoCrewz website as a link from their site to the www.CryptoCrewz.com home page.

14.6 Users further agree that they are bound by the CryptoCrewz Intellectual Property Policies and Notices Agreement (Link of which is given at the end of this Agreement) in addition to the terms mentioned in this Agreement.

15. Termination:

15.1 Termination in case of Part-B of this Agreement (Music & Apparels):

Upon dispatch of apparel
Upon dispatch of Vinyl
Upon successful downloading of music
Upon confirmation of delivery of products from the third-party dispatching & shipping agency
Upon generation of refund as per Refund Policy of CryptoCrewz
Termination of these Music/Apparel Terms does not affect the rights of the parties which have accrued prior to termination.
By either party, if the opposite party commits any material breach of its obligations under these Music/Apparel Terms and fails to remedy such breach (if capable of remedy) within 30 days of receipt of notice from the non-defaulting party requiring it to do so.

15.2 Termination in case of Part-C of this Agreement (NFTs):

On transfer of NFT into your Digital Wallet.
by either party if the opposite party commits any material breach of its obligations under these NFT Terms and fails to remedy such breach (if capable of remedy) within 30 days of receipt of notice from the non-defaulting party requiring it to do so.
Termination of these NFT Terms does not affect the rights of the parties which have accrued prior to termination.

16 Consumer Guarantees:

Certain legislation, including the Australian Consumer Law (ACL), contained within the Competition and Consumer Act 2010(Cth) and similar consumer protection laws and regulations, may provide you with rights, warranties, guarantees, and remedies referring to your purchase of Music/Apparels/NFTs which cannot be excluded, restricted or modified in these Music/Apparel/NFT Terms (Statutory Rights).
Nothing in these Music/Apparels/NFT Terms does or is meant to exclude any Statutory Rights to which you're entitled to achieve.

17. Indemnity:

You hereby indemnify us and our Personnel and you agree to keep us and our Personnel indemnified at all times to the greatest extent permissible by law in respect of any Loss or Claim that we or our Personnel may suffer, sustain or incur as a result of or in connection with, a breach of a Purchaser Warranty without limitation.
Furthermore, you must indemnify us and our Personnel and also keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Claim which we or our Personnel may suffer, sustain or incur, arising from, or connected with, any breach of these Music/Apparel/NFT Terms, aside from a breach of a Purchaser Warranty, or any breach of all applicable laws.

18. Limitation of liability:

18.1 Limitation of liability:

In the absence of a material breach of these Music/Apparel/NFT Terms by us or the gross negligence, fraud, or wilful misconduct by us when providing Music/Apparel/NFTs to you under these Music/Apparel/NFT Terms, we will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing Music/Apparel/NFTs to you according to these Music/Apparel/NFT Terms, including in respect of a Force Majeure Event (Act of God).

18.2 Third-party services:

We will not be liable for the performance, errors, or omissions of unaffiliated, nationally or regionally recognised third parties’ payment gateways, courier companies, national postal services, and delivery, telecommunication companies that are not under our reasonable control, and also third parties providing processing and payment or transaction services, banking partners, custody services, market-making services and/or third-party pricing services, digital services and trading platforms.

18.3 Compliance with laws – No monitoring responsibilities:

We shall not be liable or responsible for your failure to comply with any laws or regulations governing the transfer and use of NFTs. Further, you are completely responsible to comply with all applicable requirements of any laws, rules, and regulations of governmental authorities in your Jurisdiction.
You further acknowledge that neither we nor any of our Personnel is, and cannot be, by providing NFTs to you, an advisor or fiduciary to you.

18.4 No Consequential Loss:

Neither party to these Music/Apparel/NFT Terms will be liable to the other for any Claim, howsoever arising, for loss of profits, loss of opportunity, loss of expectation, loss of chance, or within the nature of an indirect or consequential loss.

18.5 Liability Cap:

You agree that our liability to you arising in respect of any matters about these Music/Apparel/NFT Terms are limited to the greater of:

(a) the entire amount paid to us for any Music & Apparel in respect of a claim concerning a purchase of Music & Apparel; or

(b) AUD$100.

(c) No claim shall be filed for the purchase of any NFTs once it has been transferred to the Digital Wallet of the User. Users shall have no right to claim anything from CryptoCrewz, its Directors, its members, its officials, and other employees in any Court of Law.

19. Confidentiality & Privacy:

19.1 Confidential Information:

Each Party acknowledges that it is going to receive access to Confidential Information (Receiving Party) of the other party (Disclosing Party) according to these Music/Apparel/NFT Terms.

The Receiving Party would not, and must make sure that each member of the Receiving Party’s Personnel does not, use the Confidential Information for any purpose other than strictly for the purposes of complying with the Receiving Party’s obligations, or exercising the Receiving Party’s rights, under these Music/Apparel/NFT Terms and terms mentioned in the Privacy Policies, the link of which is given at the end of this Agreement.

19.2 The Receiving Party and every member of the Receiving Party’s Personnel will ensure that the Confidential Information is not disclosed or permitted to be disclosed to any other person other than to the extent the Receiving Party can prove that;

the disclosure is to a member of the Receiving Party’s Personnel who requires the Confidential Information for the purpose of performing the Receiving Party’s obligations under these Music/Apparel/NFT Terms is conscious of the Receiving Party’s obligations under this clause and has agreed to comply with the Receiving Party’s obligations under this clause as if the person was a party to these Music/Apparel/NFT Terms;
the disclosure is in accordance with the Disclosing Party’s specific and prior written consent; or
the disclosure is required by AML/CFT law
the disclosure does not violate the terms mentioned in the Privacy Policies of CryptoCrewz.

20. Sales Tax/VAT/GST/Any other Taxes:

20.1 The Purchase Price for any transaction will be considered to be exclusive of any applicable Sales Tax/VAT/GST/Any other Taxes.

20.2 If any additional Sales Tax/VAT/GST/Any other Taxes is applicable under any law under your jurisdiction, you comply with and pay such amount as is payable.

20.3 All applicable Sales Tax/VAT/GST/Any other Taxes shall be paid by you if CryptoCrewz is bound to charge the same from the purchaser as per applicable laws.

21. Notices:

21.1 Unless a provision of these Music/Apparel/NFT Terms expressly states otherwise, a notice, consent, approval, waiver, or other communication (notice) about these Music/Apparel/NFT Terms must be in writing and in English and sent to us in our case to our nominated email admin@cryptocrewz.com, and in case of you to your nominated email or published on the website with public access to such notice.

21.2 Any notice is going to be deemed to be received within 24 hours of sending the electronic message or publication online.

21.3 A party must immediately notify the other party in writing of any changes to its contact details.

22. Disputes:

22.1 Proceedings suspended:

A party must not begin legal proceedings in connection with a dispute arising out of or in connection with these Terms unless the steps given hereunder in the sub paragraphs 22.2 & 22.3 have been followed.

22.2 Notice of dispute

If a dispute arises out of or about these Terms (including the validity, breach or termination of it), a party may notify the other party to the dispute. The notice must specify the dispute and indicate that the notifying party wants the dispute to be discussed through an Arbitration if the dispute is not resolved mutually within 30 days on service of Notice to the either Party.

22.3 Binding Individual Arbitration:

The ACICA/ ADC/ JAMS and AAA Streamlined Arbitration Rules and Procedures (the “ACICA/ ADC/ JAMS/ AAA Rules”) will be used to settle disputes between You and CryptoCrewz before approaching the court.

This means that You and CryptoCrewz have agreed to a dispute-resolution process in which we will submit any Dispute to a neutral arbitrator (rather than a judge or jury) who will make the final decision on how to resolve the Dispute. ACICA/ ADC/ JAMS/ AAA uses qualified individuals to arbitrate conflicts, allowing You and CryptoCrewz to handle any disagreements fairly and quickly, rather than resorting to court. The arbitrator may grant You the same remedies as a court, but only to the degree necessary to resolve your unique dispute. The arbitrator's decision is final and can be enforced like any other court order or judgement.

22.4 Severability:

22.5 Governing Laws:

The laws of the State of Victoria, after availing of an Alternate Dispute Resolution, shall govern this Agreement. Additional local, state, national, or international laws may also apply to your use of the Application. However, all disputes shall exclusively be tried or filed within the jurisdiction of State of Victoria, Australia.

22.6 Geographic Restrictions:

CryptoCrewz is based in Australia and provides its platform for access and use primarily by persons located in Australia, and maintains compliance with Australian laws and regulations. If you use the CryptoCrewz Website/App/NFT-IP from outside Australia, you are solely and exclusively responsible for compliance with federal and local laws of your respective countries.

22.7 Class Action Waiver:

To the maximum extent permitted by applicable law, You and CryptoCrewz agree to only bring Disputes, in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration,or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions) or consolidate or combine individual proceedings.

22.8 Limitation of Time to File Claims:

Any cause of action or claim you may have arisen out of or related to this Agreement or the Website/App must be brought within one (1) year of the day the cause of action arose, else it will be forever barred.

23. General (Others):

23.1 Amendment:

We reserve the right to amend these Music/Apparel/NFT Terms from time to time. Amendments are going to be effective immediately upon their publication on the platform.

23.2 Force Majeure:

We will not be liable for any delay or failure to perform our obligations under these Music/Apparel/NFT Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to war, epidemics, pandemics, technical lockdown, blockchain congestion or virus attacks, Government sanctions or orders, whether known or unknown at the time, the parties enter into these Music/Apparel/NFT Agreement(s).

23.3 Waiver:

A provision of these Music/Apparel/NFT Terms or a right created under it may not be waived except in writing signed by the party who is granting the waiver, or on publication by us at our platforms.

23.4 Assignment:

These Music/Apparel/NFT Terms are for the advantage of the parties and their successors and assigns. The parties, their successors, and assigns are bound by these Terms.
We may assign our rights under these Music/Apparel/NFT Terms without your consent, at any time.

23.5 Severance:

If any provision of these Terms of Sale/Service & User Agreement is found to be unlawful, void, or unenforceable, remaining provisions shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Sale/Service & User Agreement; however such determination shall have no bearing on the validity and enforceability of the remaining provisions.

23.6 Entire Agreement:

We will not be deemed to have waived any right or provision of these Terms of Sale/Service & User Agreement if we fail to exert or enforce any particular term, right or provision of this Agreement.

These Terms of Sale/Service & User Agreement, as well as any policies or operating rules posted by us on this site or in relation to the Music/Apparels/NFTs, represent the entire Agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale/Service & User Agreement).

23.7 Further assurances:

Each party must, at its own expense, do everything reasonably necessary to give effect to these Music/Apparel/NFT Terms and the transactions contemplated by it, including but not limited to the execution of documents.

23.8 Relationship:

Nothing in these Music/Apparel/NFT Terms constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally as expressly stated in these Music/Apparel/NFT Terms.

23.9 Knowledge:

In these Music/Apparel/NFT Terms, a reference to the awareness or knowledge by you, is a reference to the actual knowledge, information, and belief you've got as of the date of any transaction taking place under these Music/Apparel/NFT Terms.

23.10 Costs:

Each party must pay its own fees, costs and expenses incurred by it during the course of negotiation, preparation, execution, delivery and completion of these Music/Apparel/NFT Terms and the transactions contemplated by these Music/Apparel/NFT Terms including without limitation its own legal, accounting and corporate advisory fees.

24. Feedback:

You can submit comments, bug reports, and ideas about the site or the project. By submitting any feedback, you agree that we are free to use them in any way we choose without additional compensation, you hereby grant us a perpetual,irrevocable, nonexclusive worldwide licence to incorporate and use the feedback for any purpose.

25. Disclaimer:

It is possible that visitors to the Site may post on the Site any false or misleading information or material that would otherwise violate this Agreement. We, our affiliates, and related artists, representatives, suppliers and providers do not endorse and are not responsible for any information or materials made available, or posted by the visitors/users, on our website or use of such information or materials by you. All Submissions shall be regarded as non-confidential and may be used by us (i) without any confidentiality or any other non-disclosure obligations and (ii) without acknowledging you or any other parties in any way. We reserve the right in our sole discretion to limit the number and size of Submissions that may be posted on the Site at any time, or the amount of storage available for Submissions.

26. Acceptance of all CryptoCrewz Agreements:

Name of the Agreement

End User Licence Agreement

Intellectual Property Policies and Notices

Global AML/CFT Policy

Refund Policy

Declaration by Users of CryptoCrewz Platform:

I/We declare and undertake that I/We have read all the CryptoCrewz Agreements given hereunder.
I am of the age of majority and capable of accepting all the terms of my free will.
I have the capacity to accept this Agreement.
I/We have taken the advice of my/our consultant and investment adviser.
I/We declare that by accepting the Terms of Sale/Service & User Agreement of CryptoCrewz, I/We accept the terms of all the Agreements, the detail of which are given hereunder.

Note 1: ACCEPTANCE; By accepting our Terms of Sale/Service & User Agreement, all the above-mentioned Agreements shall be binding upon the Users of CryptoCrewz Platform/Website.

Note 2: REJECTION; Platform Visitors have an option to reject our Terms of Sale/Service & User Agreement by not clicking on Acceptance of Terms. In this case, Platform Visitors will not be able to use any of the CryptoCrewz Sales/Services.

End User License Agreement (EULA)

Introduction:

This End User Licence Agreement (the “EULA'', “Agreement”) is a binding agreement between you (“Licensee”, “End User”, “you” or “your”) and CryptoCrewz (“Licensor”, “Company”, “we”, “us” or “our”). This Agreement describes the relationship between you and us, and your use of CryptoCrewz Website/Application/Platform/Intellectual Properties. Throughout this Agreement, End-User/ Licensee and Company/Licensor may each be referred to as a “Party” “Licensee” or collectively, the “Parties” “Licensor”.

Acceptance:

By Signing up for Pre-Registration, Registration, Purchase, or Clicking “Accept” either to the CryptoCrewz Terms of Sale/Service & User Agreement/End User Licence Agreement or using CryptoCrewz Website or App, you are stating that you are of legal age and have read, clearly understood, and agree that you are bound by this End User Licence Agreement. (If you are representing a firm, you represent that you have the appropriate or necessary ability and authority to engage in this Agreement and use our Sale/Services by signing up or clicking "Accept" or using an account.) You also represent that you have read, fully comprehended, and agree to be bound by this "EULA" (End User Licence Agreement).

CryptoCrewz reserves all Licensing rights of its website/App/Platform as a” Licensor”. In case you do not agree to the terms of this End-user Licence Agreement, then you are advised not to download, access, or use CryptoCrewz Website/Application. In case anything has been downloaded from this site, the same may be deleted immediately.

This Agreement is binding upon the respective successors and/or assigns of the parties hereto.

CryptoCrewz Ownership and Reservation of Rights:

The Software/IP comprising the Website/Application/Downloads/Intellectual Properties and the CryptoCrewz Platform is owned by CryptoCrewz, a Company registered under the laws of Victoria, Australia. The Website, including all materials, and contents therein, the CryptoCrewz Application, the CryptoCrewz Platform, and all rights, and titles, arising therefrom are the sole property of CryptoCrewz, and they all are protected by Intellectual Property laws. CryptoCrewz reserves all the rights, title to, and interest, however, a limited licence is granted to you in this EULA. Under this EULA, CryptoCrewz grants you a non-transferable, non-exclusive, non-sublicensable, worldwide right and licence to install or execute the CryptoCrewz Platform, in the form made available through the Website/Application/Download, for your personal and non-commercial use only, subject to the terms and conditions laid down under this EULA.

Further Cryptocrewz and/or its agents own all rights, title, and interest including, without limitation, the copyrights/patents/trademarks/authorised distributorship to the intellectual property embedded in the digital files comprising a MetaVinyl™ including the musical composition (“Composition”), a sound recording of the Composition with vocals, or without vocals (the “Instrumental”), the video, and the accompanying visual artwork (“Artwork”). Collectively the Instrumental, music composition, vocals, Video, and artwork are referred to as the “NFT-IP”.

Further, all rights, titles, and interests in the NFT-IP, including, without limitation, the copyrights/patents/trademarks thereto, shall remain with Company.

Company hereby represents and warrants that Company and/or its agents is the sole and exclusive owner or authorised licensee of all right, title, and interest (including, without limitation, the copyright, patent, and trademark) in and to the NFT-IP and that the use of the NFT-IP in the NFT-IP Licences will not violate the rights of any third party or entity.

Consent to the Use of Data:

By using the Website/App/Platform of CryptoCrewz, you “End-User”/ “Licensee” agree and give consent that the Licensor “CryptoCrewz” may use your technical data including but not limited to technical information about your device, system, application software, and related peripherals which are gathered periodically to facilitate technical support, product improvement, and software updates.

The Website, CryptoCrewz Application, and CryptoCrewz Platform:

The Website/ Application/ Platforms/ Downloads/ Apparels/ NFTs at www.cryptocrewz.com are owned and licensed exclusively to the Licensor (“CryptoCrewz”). We also reserve the right to suspend or terminate the Sale/Services (or your use of the Sale/Services) at any time without any notice to you on finding any breach of terms of this agreement or other agreements with CryptoCrewz.

Third-Party Sale/Services:

Third-party "including but not limited to Send Wyre, Magic Link, Amazon Web Services" content, such as data, digital wallets, platforms, payment gateways, information, applications, and other products, Sale/Services, or connections to third-party websites, or Sale/Services ("Third-Party Sale/Services"), may be shown, included, or provided by the CryptoCrewz Application. You accept that we are not responsible for any Third-Party Sale/Services, including their quality, legality, correctness, validity, completeness, timeliness, copyright compliance, decency, or any other part of them. We do not assume and will not have any responsibility or liability for any Third-Party Sale/Services to you. their uptime/downtime is not under our control and is purely at the platform users/customers' risk. Besides this, the suitability and security of the smart contract that determines the authenticity of their Metavinyl using an NFT are purely at their risk.

Third-Party Sale/Services and links thereto are provided entirely for your convenience and you access and use them completely at your own risk and subject to their applicable terms and conditions.

Your Interactions with Other Users:

You are completely responsible for your interactions and relations with other Users. We reserve the right, but have no responsibility, to watch or observe the disputes between you and other Users. CryptoCrewz shall have no liability for your interactions with other Users, Digital Services, Trading platforms, and/or for any User’s action, inaction or omission. Disputes among the Platform Users with External Link Individuals/ Entities shall exclusively be treated as a dispute among two separate entities/individuals and CryptoCrewz shall not be responsible for it and will not be impeded as a party to it. If any of the Platform Users implead CryptoCrewz as a party in any of the Platform Users’ Disputes, Jury shall have the power to remove the name of CryptoCrewz immediately on filling of an Application/Motion along with an Award of Attorneys’ and Cost in favour of CryptoCrewz.

External Services Negligence:

The Licensed Website/App/Platform of the Licensor CryptoCrewz may enable access to third-party “External Services'' websites, applications, wallets, trade platforms, and payment gateways. You “End-User”/ ”Licensee” agree to use the External Services at your “End-User”/ ”Licensee” sole risk after understanding and relying on the same (subject to their own Terms of Sale/Service & User Agreements and Privacy Policies). You further agree that CryptoCrewz shall not be responsible for any negligence in the Sale/Service of “External Services'' websites, applications, wallets, trade platforms, or payment gateways. Data displayed or information taken (Including Financial and Personal) by External Services are not indemnified or guaranteed by CryptoCrewz. However, CryptoCrewz reserves its rights to impose access restrictions, and suspend, or remove any External Services without notice or liability to you. Users of External Services shall solely be responsible to comply with the applicable laws of their respective countries.

Grant of Licence or Permission:

As per the terms and conditions of this EULA, the CryptoCrewz hereby grants to the Licensee, a limited, revocable, royalty-free, non-exclusive licence during the term or period of this EULA to use the Website/Application/Platform of CryptoCrewz and is giving you the License for using the software Licensee is not allowed to charge for distributing this Software, either for commercial purpose profit or just to recover distribution or media costs.

Furthermore, Company grants Buyer/Licensee a limited, non-exclusive licence to display and perform the NFT-IP, as well as non-exclusive licences to third parties to use the NFT-IP in whole or in part, such as for synchronisation in any media now known or hereafter devised or discovered throughout the world in perpetuity ("Third Party NFT-IP Licences"), subject to the following restrictions:

Buyer/Licensee may not authorise third parties to modify, edit, crop, remix, and otherwise alter the musical composition, the Instrumental sound recording, vocals, and video;
Buyer/Licensee may not authorise third parties to use Artwork and shall not, or authorise others to, edit, crop, modify, revise, or otherwise alter the Artwork;
Company may revoke the licence granted to Buyer/Licensee in this Agreement, for any use of the NFT-IP authorised by Buyer/Licensee that Company deems inappropriate, unethical, illegal, obscene, in violation of standards set by the NFT community, or its unacceptability by CryptoCrewz in its sole discretion; and
If Buyer/Licensee sells the NFT, all rights granted to Buyer/Licensee and all rights and licences granted by Buyer/Licensee to Third Party NFT-IP Licensees shall be immediately terminated and all use of the NFT-IP by Buyer/Licensee and/or its Third Party NFT-IP Licensees shall cease. However, CryptoCrewz decision about the continuation or ceasing of all licences with CryptoCrewz shall be final and binding.

Restrictions:

You agree that you are restricted to do any of the followings;

Lease, rent, sell, licence, outsource, assign, distribute, transmit, host, disclose or otherwise monetarily exploit the Website/Application or make the Application available to any third party.
Modify, disassemble, decrypt, make derivative works of, reverse compile or reverse engineer any part of the Website/Application.
Remove, change or hide any proprietary notice including any notice of copyright or trademark of CryptoCrewz or its agents, partners, subsidiaries, affiliates, suppliers, or the licensors of the Website/Application.

Additional Intellectual Property Rights:

You hereby unconditionally agree that all intellectual property rights, including copyrights, patents, patent disclosures, designs, arts, tunes, NFTs and inventions (whether patentable or not), trademarks, trade secrets, Sale/Service marks, know-how, other confidential information, trade names, logos, corporate names, and domain names, website, and its related software, and all other rights (collectively, “Intellectual Property Rights”) that are owned by CryptoCrewz and shall always remain the property of CryptoCrewz Thus, you are not given any right or licence in this EULA to our Intellectual Property Rights.

Confidential Information:

Each party acknowledges and agrees that, while performing its/his/her duties under this Agreement, it/he/she may come across some information of confidential nature (“Confidential Information”). Such Confidential Information may be, but is not limited to, this Agreement, pricing and proposals, Sale/Services, trade secrets, know-how, inventions, techniques, processes, programs, schematics, data, financial information, and sales, and marketing plans. You agree that you shall not disclose any/all such information to any third party.

Your Feedback or Suggestions:

The ideas, comments, feedback, improvements, or suggestions (collectively, “Suggestions'') given by you to CryptoCrewz concerning the Website, Application, or Platform shall remain the personal property of CryptoCrewz and we shall be completely free to use, copy, modify, publish, or redistribute the Suggestions in any form, for any purpose, and in any way without any credit or any compensation to you.

Modifications to the Website/Application:

CryptoCrewz reserves its right to temporarily or permanently modify, suspend or discontinue the Website or Application or any Sale/Service to which it connects, with or without any notice and liability to you.

Updates to Application:

CryptoCrewz may from time to time enhance or improve the features/functionality of the Application, which may include patches, updates, upgrades, and other modifications (“Updates”).

When an application is updated, updates may change or erase certain features and/or functions of the Application. You acknowledge and agree that CryptoCrewz has no responsibility to (i) provide you any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) considered to form an integral part of the Application, and (ii) subject to the terms and conditions laid down in the Terms of Sale/Service & User Agreement and in this Agreement.

Term and Termination:

This Agreement shall remain in effect until it is terminated by you or CryptoCrewz. CryptoCrewz may, at any time and for any or no reason, in its sole discretion, suspend or terminate this Agreement with or without prior notice.

This Agreement will be terminated immediately by us without prior notice, in case you fail to comply with any provision of this Agreement as well as CryptoCrewz Terms of Sale/Service & User Agreement. You may also terminate this Agreement by informing us in writing and then deleting the Application and all copies thereof from your computer.

When the Agreement would be terminated, you shall stop using the Application and delete all copies of the Application from your computer.

Even termination of this Agreement will also not limit any of CryptoCrewz rights or remedies at law or in equity in case of breach of any obligations by you (during the term of this Agreement or thereafter) under the present Agreement.

No Employment or Agency Relationship:

No provision of this Agreement, or any part of the relationship between you and CryptoCrewz, is intended to create nor shall they be deemed or construed to create any relationship between you and CryptoCrewz other than that of an end-user of the Website/App/NFT-IP/Downloads as described in “EULA” & “Terms of Sale/Service & User Agreement”.

Equitable Relief:

You understand and agree that your breach of this Agreement will result in irreparable loss to CryptoCrewz, for which money damages alone will not suffice. You understand and agree that, in addition to damages and any other remedies available to CryptoCrewz, we may seek injunctive action to prevent the actual, threatened or continued breach of this Agreement.

Headings:

The headers in this Agreement are for reference only and have no bearing on the scope of this Agreement or its interpretation.

Fees:

Fees for trades of NFTs, apparel, and Music Downloads completed using the CryptoCrewz Platform and any third-party link shall be automatically collected.

NFT Minting:

No Intellectual Property Transfer- Any NFT minted by the Licensor remains the Licensor's property, and nothing in this agreement transfers or is intended to transfer any Intellectual Property rights in any minted NFTs.

Licensee "End-User" Release:

The Licensee must ensure that all of its End Users agree to terms stating that CryptoCrewz and its Personnel, as well as contractors and their Personnel, assume no liability or responsibility whatsoever relating to their End Users' use of the CryptoCrewz Website/Application, including in respect of trading NFTs via the Platform, including for any loss of an NFT Asset, and including in respect of any loss of profit, revenue, or profit margin, and including in respect of any loss of profit

Indemnity or Compensation:

You agree to defend, indemnify and hold harmless CryptoCrewz and its subsidiaries, agents, managers, other affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of any data, transmitted or received by you and access to the Sale/Service; (ii) your breach of any term or conditions of this Agreement (iii) your violation of any third-party right i.e. without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the State of Victoria, Australia or any other country; (v) any claim for damages which arise due to any postings, actions, representations, and or any submissions done through your account; or (vi) any other party’s access and use of the Sale/Service using your personal login, password, or other applicable security code. You further agree to comply with Australia and Global AML/CTF guidelines set in the CryptoCrewz Manual.

No Warranties:

You are receiving the CryptoCrewz Website/Application/NFTs/Downloads "AS IS'' and "WITH ALL FAULTS." To the fullest extent permitted by law, CryptoCrewz, on its behalf and behalf of its agents, artists, affiliates, and their respective licensors and Sale/Service providers, expressly disclaims all types of warranties, whether express, implied, statutory, or otherwise, concerning the CryptoCrewz Website/Application/NFTs/Downloads, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of a breach of the Terms of Sale/Service & User Agreement.

Without limiting the foregoing, CryptoCrewz makes no warranty or representation that the CryptoCrewz Website/Application/NFTs/Downloads will meet your requirements, achieve any intended results, be compatible with or work with any other software, applications, systems, or Sale/Services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither CryptoCrewz nor any of CryptoCrewz providers make any express or implied representation or warranty: (i) as to the operation or availability of the Website/Application, or the information, content, materials, or products included thereon; (ii) that the Website/Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website/Application; or (iv) that the Website/Application, its servers, content, or emails sent from or on behalf of CryptoCrewz are free of viruses, scripts or other harmful components.

Because some jurisdictions prohibit the exclusion or limitation of implied warranties or the limiting of a consumer's statutory rights, thus, some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability:

Regardless of any losses you may suffer, CryptoCrewz and any of its agents, partners, subsidiaries, affiliates, suppliers, or the licensors of the Website/Application complete liability under any element of this Agreement, as well as your sole and exclusive remedy for all of the above, shall be limited to the Current product payment only paid by you (If paid) at CryptoCrewz Platform Applications.

To the fullest extent permitted by law, CryptoCrewz and its agents, partners, subsidiaries, affiliates, suppliers, or the licensors of the Website/Application will not be liable for any special, incidental, indirect, or consequential damages (which includes, but not limited to, indemnity for loss of data or other information, lost profits, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Application, third-party software, or third-party content.

All CryptoCrewz Platform Users are duty-bound to download, copy, print, take screenshots and keep their records up to date on an external device/paper daily. Non-updating of its/his/her own record daily shall be treated as its/his/her negligence and shall lose its/his/her right to claim anything from the CryptoCrewz

The above limitation or exclusion may not apply to you because some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.

Severability:

If any term of this Agreement is determined to be unenforceable or invalid, it will be changed and interpreted to achieve the provision's objectives to the greatest extent possible under applicable law, with the remaining provisions remaining in full force and effect.

Waiver:

No failure or delay on the part of either party to exercise any right or power conferred by this Agreement will be construed as a waiver of that right or authority. No single or partial exercise of any right or power given under this Agreement precludes the exercise of that or any other right provided herein in the future. If this Agreement and any other applicable terms conflict, this Agreement will take precedence.

Amendments to this Agreement:

CryptoCrewz maintains the right to change or amend this Agreement at any time in its sole discretion. We will give you at least 30 days' notice before the new terms take effect if the change is significant. It will be determined by us as to what constitutes a material change at our sole discretion. You agree to be bound by the amended terms if you continue to access or use our Website/Application after any adjustments become effective. You are no longer authorised to use the Website/Application if you do not agree to the new terms.

Taxes:

Buyer/Licensee is solely responsible for all applicable federal, state, provincial, and local taxes arising from any fees or compensation Buyer/Licensee receives from a Third Party NFT-IP Licence.

Use of the Website/App/Music/Apparel/NFTs Art Software:

By installing, copying, or otherwise using the Software, the Licensee agrees to be bound by the terms of this EULA.

The Licensee acknowledges that the use of some parts of the Software and licensing may require a connection to the Internet. Should the Licensee use the Software, including any documentation, for another physical person or legal entity than the Licensee, CryptoCrewz is entitled to impose a penalty amounting to two times CryptoCrewz list price for the unpaid End User licence. The penalty shall be calculated in accordance with the list price of the End User licence valid at the time CryptoCrewz becomes aware of the unauthorised use of the Software.

The Licensee/Platform User itself is responsible to retain the backup of all data, financial reports, NFTs summary, Apparels summary, configurations, and settings stored in the Software.

In the event that the Company breaches or is believed to have breached this Agreement:

The rights of the buyer/licensee will be restricted to those provided by law for monetary damages. Buyer/Licensee, in no event, will have the right to seek or receive injunctive or other equitable remedies. Before any party can be considered in breach of this Agreement, the other must provide written notice, and the party receiving such notice has 10 business days to "cure" the breach described in the notice.

Compliance with Export Laws:

You must follow all applicable laws and regulations of Australia and other countries ("Export Laws") to ensure that the Software Product is not (1) directly or indirectly exported in violation of Export Laws, or (2) used for any purpose banned by Export Laws, including nuclear.

Privacy Policy:

Because the privacy of your personal information is very important to us, CryptoCrewz has established a Privacy Policy that describes how we will treat any personal information which you may provide to us at the time of pre-registration, registration, purchase of product & services. By accepting this EULA, you acknowledge that you have read and understood CryptoCrewz Privacy Policy. CryptoCrewz may change its Privacy Policy at any time by updating the Privacy Policy or by providing appropriate notice. Please notify CryptoCrewz within an hour at admin@CryptoCrewz.com if you lose (or think someone has stolen) your log-in or password.

Force Majeure:

CryptoCrewz is not liable for any breach or delay in performing its obligations under this Agreement if the breach or delay is caused by fire, flood, theft, earthquake, bombing, curfew, the act of God, war, riot, civil disorder, terrorism, pandemic disease or related government orders, telecommunications outages or disruptions, shortages in available capacity or supply, or any other event beyond the reasonable control of the Licensor (a "Force Majeure Event").

Binding, Individual Arbitration; Class Action Waiver:

THIS SECTION SHOULD BE READ CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND FILE A LAWSUIT

Contact CryptoCrewz at admin@CryptoCrewz.com to address most concerns swiftly and politely. However, we recognize that customer Sales/Service may not always be able to resolve problems. This Section describes how ‘You’ and ‘CryptoCrewz’ have agreed to settle any issues, including (where applicable) through binding, individual arbitration.

Arbitration is a sort of alternative conflict resolution that allows us to resolve disagreements without having to go to court. Any disagreement between You and CryptoCrewz is resolved fairly and quickly by a neutral arbitrator (not a judge or jury). Both you and CryptoCrewz will benefit from arbitration.

Informal Resolution:

Suppose you have a problem that our customer Sale/Service can't address. In that case, You and CryptoCrewz agree to try and resolve the matter informally, first to expedite a resolution and keep costs down for both parties. You and CryptoCrewz agree to negotiate any disagreement between us for at least 30 days ("Informal Resolution"). Those informal conversations will begin on the day that You or CryptoCrewz receives a written Notice of a Dispute in line with this Agreement at admin@CryptoCrewz.com. CryptoCrewz will send a Notice of Dispute to your registered email address and any billing address you have provided us if there is a dispute with You.

Binding Individual Arbitration:

The ACICA/ ADC/ JAMS and AAA Streamlined Arbitration Rules and Procedures (the "ACICA/ ADC/ JAMS Rules') will be used to settle disputes between You and CryptoCrewz.

Notice and Filing:

If a Dispute must be arbitrated, either You or CryptoCrewz must begin arbitration within one (1) year of the Dispute's occurrence and/ or as per the time limit allowed under any applicable arbitration rules. CryptoCrewz wants You to notify us as soon as possible if You have a Dispute so that we can work to address it. If notice is not made promptly, all claims will be disallowed.

Class Action Waiver:

To the maximum extent permitted by applicable law, You and CryptoCrewz agree to only bring Disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions) or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of CryptoCrewz.

Severability:

If any term of this Binding Individual Arbitration Agreement is found to be invalid, unenforceable, or illegal, You and CryptoCrewz agree that the provision will be severed, and the rest of the agreement will continue to apply and be construed as if the severed provision had never been written. The only exception is that if the Class Action Waiver is found to be invalid, unenforceable, or illegal, You and CryptoCrewz agree that it will not be severable; this entire Binding Individual Arbitration section will be null and void, and any dispute will be resolved in court, subject to the venue and choice of law clauses specified in this Agreement. Without CryptoCrewz-specific approval, no arbitration shall be undertaken on a class-action basis.

Governing Laws:

The laws of the State of Victoria, after availing of Alternate Dispute Resolution, shall govern this Agreement. Additional local, state, national, or international laws may also apply to your use of the Application. However, all disputes shall exclusively be tried or filed within the jurisdiction of Victoria, Australia

Geographic Restrictions:

CryptoCrewz is based in Australia and provided for access and use primarily by persons located in Australia, and maintains compliance with Australian laws and regulations. If you use the CryptoCrewz Website/App/NFT-IP from outside Australia, you are solely and exclusively responsible for compliance with federal and local laws of your respective countries.

Limitation of Time to File Claims:

Any cause of action or claim you may have arisen out of or related to this agreement or the Website/App must be brought within one (1) year of the day the cause of action arose, or it will be forever barred.

Entire Agreement:

The Agreement constitutes the entire agreement between You and CryptoCrewz regarding your use of the CryptoCrewz Website/Application and supersedes all prior written or oral agreements between You and CryptoCrewz. You may be subject to additional terms and conditions that will apply when you use CryptoCrewz Sale/Services, which we will provide at the time of such use by you.

Contact Us:

If you have any questions about this Agreement, you may contact us via email: admin@CryptoCrewz.com with a demand for a confirmation receipt. Email without the demand for a confirmation receipt and not acknowledged by CryptoCrewz shall not be admissible as a valid notice.

Note 1: Please read the EULA carefully at a link provided in the Terms of Sale/Service & User Agreement before accepting the Terms of Sale/Service & User Agreement.

Intellectual Property (IP)

CryptoCrewz owns its websites, namely www.cryptocrewz.com and www.recordifly.com. CryptoCrewz offers its Platform through the Website/App, at which the Users may purchase Music, MetaVinyls, Apparels, and non-fungible tokens (“NFTs”) subject to its Terms of Sale/Service & User Agreement. CryptoCrewz provides its Platform in the form of a Website and an App to all its Platform Users, which shall exclusively be the Intellectual Property “IP” of the CryptoCrewz.

Any infringement of CryptoCrewz's Website or App including its sections “Music”, “MetaVinyl”, Apparel” & “NFT Art”, but not limited to CryptoCrewz “News”, “Promotional Schemes”, “Designs”, “Art Work”, “Minted Designs”, “Other Designs”, “Logos”, “Trade Secrets”, “Trade Marks”, “Patent”, “Copyrighted Material” and “Blogs” shall lead to civil as well as criminal proceedings against the infringer, if any of the Entities or Individuals shall infringe any of its parts.

CryptoCrewz Website or App including but not limited to “Music”, “MetaVinyl”, “Apparel”, “NFT Art”, “News”, “Promotional Schemes”, “Designs”, “Art Work”, “Minted Designs”, “Other Designs”, “Logos”, “Trade Secrets”, “Trade Marks”, “Patent”, “Copyrighted Material” and Blogs shall remain as Intellectual Property of the CryptoCrewz.

CryptoCrewz Products/Services accessed at www.Cryptocrewz.com and/via an application are also covered by the EULA and Australian Intellectual Property laws.

Forms of Intellectual Property and Their Protection:

1. Patents:

In Australia, patents are protected under the Patents Act 1990 and other associated regulations. The owner of a patent normally has protection for 20 years. Australia is a party to the major international multilateral conventions and treaties relating to patent law, including the Paris Convention (Paris Convention for the Protection of Industrial Property 1883), the Patent Cooperation Treaty 1970, and the TRIPS Agreement (World Trade Organisation (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights 1994).

IP Australia grants and publishes patents. Standard patents are granted to anyone who invents or discovers something new, involves an inventive step, and can be used in industry. The Standard patent gives long-term protection over an invention. It lasts for up to 20 years from the date of filing an application. Following protections are allowed;

Grace Period Protection: Australia allows for a 1-year grace period for inventors to file their standard patents. Therefore, if an inventor publicly discloses his invention, there is a 1-year period from the time of disclosure until the invention is considered part of the public domain.
International Protection: Under the Patent Cooperation Treaty (which is administered by the World Intellectual Property Organisation), a single international application can be filed instead of several separate applications to secure the rights to an invention in a large number of countries. Through this path, the application gets automatic effect in 156 countries, including Australia, where the PCT application becomes an application for a standard patent. However, in Australia, the responsibility of granting the patent is of IP Australia. CryptoCrewz shall protect its Patent globally as and when required or applicable.
Protection under EULA: It is further protected under the terms of the CryptoCrewz End User Licence Agreement.

2. Trademarks:

A Trademark is often called your brand or identity. A Trademark can be a corporate logo, a jingle that can be used in an advertisement, a business name painted on the side of your truck, or your signage or packaging. A Trademark can also be a word (in a plain font or a ‘fancy’ font), phrase, letter, number, logo, picture, aspect of packaging, or combination of the above. A Trademark is not a business name, company name, or domain name. Trademarks are protected in Australia under the Trade Marks Act 1995 and associated regulations. Australia is a party to the major international multilateral conventions and treaties relating to trademark law, including the Paris Convention, the TRIPS Agreement, and the WIPO Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 1989 (the Madrid Protocol).

In Australia, the trademark is protected for a period of ten years.
Australia follows a "first-to-use" system for trademark rights. This means that whoever can prove significant use of a trademark first in the Australian marketplace will own the rights to it even if the mark is not registered.
If we are not using any of our trademarks, these are still protected for three years and none of the Platform Users has any right to claim any ownership of our unused trademarks.
As a member of the Madrid Protocol, Australia can be designated in an international application filed via the Madrid System. CryptoCrewz shall avail international protection as and when required or applicable.
It is further protected under the terms of the CryptoCrewz End User Licence Agreement.

3. Copyright:

In Australia, the moment an idea or creative concept is documented on paper or electronically, it is automatically protected by copyright. The original expression of ideas is protected by copyright and not the ideas themselves are protected. Books, movies, music, sound recordings, newspapers, periodicals, and artwork are examples of common works that are copyright protected. It also safeguards databases, media broadcasts, computer programmes, typographical arrangements that are originally created, as well as compilations of other people's works like academic journals or CDs.

Copyright for literary, dramatic, musical, and artistic works normally lasts 70 years either from the year of the author's death or from the year of the first publication following the author's death, depending on the subject. For movies and sound recordings, the copyright period is 70 years from the year of release or 70 years from the year of transmission.

Copyright is protected in Australia under the Copyright Act 1968 and associated regulations. There is no procedure for the registration of copyright material. In Australia, copyright is solely an unregistered right. Copyright material in Australia is divided into ‘works protected under Part III of the Copyright Act (original literary, dramatic, musical, and artistic works) and ‘subject-matter other than works protected under Part IV of the Copyright Act (sound recordings, cinematograph films, television and sound broadcasts, and published editions of works).

Australia is a signatory to practically all major international multilateral conventions and treaties in relation to copyright law. These include:

Berne Convention for the Protection of Literary and Artistic Works (Berne Convention);
TRIPS Agreement;
UN Universal Copyright Convention 1952 (UCC);
WIPO Copyright Treaty 1996 (WCT);
WIPO Performances and Phonograms Treaty 1996 (WPPT); and
WIPO Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961 (Rome Convention).

4. Trade Secrets & Designs:

Confidential information and trade secrets are protected in Australia by common law. However, designs are protected as under;

In Australia, a design is the visual feature of a product that gives it a distinctive appearance, shape, configuration, pattern, or ornamentation. Design protection is intended to protect designs that have industrial or commercial use.
In Australia, a design is protected for 5 years.
Some designs, such as medals, Australian currency, and disreputable designs, cannot be registered.
It is further protected under the terms of the CryptoCrewz End User Licence Agreement.

5. NFT Art:

NFT is a cryptographic tool that uses an appropriate blockchain, most commonly Ethereum and Polygon Blockchain, to create a distinctive, non-fungible digital asset. The Polygon blockchain maintains an immutable record of NFT ownership. Each NFT is “minted”, i.e., generated, and powered by a smart contract, typically using a specific standard. Each NFT includes metadata that makes it unique and non-interchangeable (i.e., non-replaceable/non-fungible). The appeal/attraction of NFTs is that they are used to represent other assets, often digital assets such as digital artwork, designs, photos, audio, and video. In the case of digital assets, an NFT typically contains a link to the asset being represented, which can be stored on a Polygon Blockchain or off-chain, such as on a website. The commercial value of the NFT lies in its ability to prove ownership and the authenticity of the assets it represents. NFTs are not currently covered by Australian law. In general, the purchase of an NFT only grants the buyer ownership of a copy or specific version of the work that is represented by the NFT. The copyright law expert puts it that an NFT is simply “a cryptographically signed receipt that you own a unique version of a work.” It is a misapprehension that purchasing an NFT gives the buyer ownership rights to every copy or version of the work. The smart contract governing the NFT can specify how ownership, including copyright, will be transferred when the NFT is sold. Further, or alternatively, standard terms and conditions of this Agreement and EULA shall apply to an NFT sale, often stating “Only personal, non-commercial use and limited resale rights in the NFT are granted and you do not licence, commercially exploit, reproduce, distribute, prepare derivative works, publicly perform or publicly display the NFT or the music or artwork contained therein. Copyright and other rights are reserved and not granted.”

As there is no specific law in Australia pertaining to NFTs, all terms shall be governed by this Agreement and the End User Licence Agreement. In view of this, CryptoCrewz reserves all IP rights in NFT Art sold on its Website Platform.

6. Enforcement of Rights:

Intellectual Property Claims and Its Reporting;

CryptoCrewz shall provide its Website and App to its Platform Users. All the Content Posting, Product Description, Videos/Photographs of Music/Apparels/NFTs shall exclusively be posted by the CryptoCrewz for its Platform Users and CryptoCrewz shall have complete control over it. However, if it is felt that someone has infringed any of the Patent, Trademark, or Copyright, before filing suit, CryptoCrewz shall send a letter of demand to the alleged infringer to make him aware that CryptoCrewz is the copyright owner of the work, specifying whether Copyright Act 1968, Patents Act 1990, or Trades Mark Act 1995 has been infringed allowing a specified period of time for the infringer to stop infringing, return all infringed property to CryptoCrewz and provide information that will enable CryptoCrewz to calculate a claim for compensation and advising him/her/it that if an adequate response is not received by a specified deadline, CryptoCrewz shall have the right to begin legal proceedings. All responses shall be sent to us at our email id admin@cryptocrewz.com along with a request for a receipt.

IP Enforcement:

There are several ways to enforce CryptoCrewz rights against unauthorised use or infringement of our IP in Australia:

Owners of Intellectual Property rights can file a customs notice known as a “Notice of Objection”, which allows the Department of Home Affairs to seize and detain imported goods that infringe/breach Australian IP rights. CryptoCrewz reserves its right to file a Notice of Objection, if required at any stage, for any infringement of CryptoCrewz IPs.
IP owners have many options when they suspect an infringement of their IP rights, such as sending a letter of demand, which is often the first step taken. CryptoCrewz may opt to issue a “Letter of Demand'' to the party who infringes any of the CryptoCrewz Intellectual Properties. Letter of Demand shall be sent at the available email address of the infringer.
In cases where a letter of demand is not sufficient, as it would give the infringer time to hide or destroy evidence and prejudice our case against them, so in such circumstances, CryptoCrewz may go directly to the court without giving notice.
Australia also offers an ADR option including mediation, arbitration, and expert determination. ADR processes are generally more informal, less adversarial, cheaper, and settlement-focused. They can be used before or as an alternative to going to court or taking legal action. CryptoCrewz reserves its right to avail the option of ADR before going to court.
In Australia, if the copyright owner or their agent reasonably believes that there is infringing material placed on the internet and network facilities; and the owner or agent wishes an internet service provider (ISP), which controls the internet and network devices, to remove or disable access to the material, the owner may then issue a notice of claimed infringement namely “Take Down Notice” regarding copyrighted material to the ISP’s ‘designated representative’. A breach of rights may include a website posting, without having our permission to do so, a picture, song, film, blog, article, promotional material, digital art, or other work, in which we own the intellectual property. The ISP will quickly remove or block access to the material and then issue an infringement notice to the User who posted the content. CryptoCrewz reserves its right to issue a “Takedown Notice” to the ISP. The effect of the ‘safe harbour’ provisions is that the ISP cannot be sued for copyright infringement when the ISP takes steps to comply with ‘Take Down Notices” issued by the copyright owners to the ISP. The ISP will take immediate action to remove or disable access to copyrighted material posted on its system or network when it becomes aware that the material is being infringed. If the ISP fails to take necessary steps as per “Takedown Notices”, CryptoCrewz reserves its right to sue the ISP as a necessary party to the infringement.
Under Australian law, there is also what is known as the ‘fair dealing exception’. Division 3 of the Copyright Act lists several circumstances that will justify someone using your work without your consent. Generally, the use of your work will not constitute an infringement of copyright if it can be classified as occurring for the purpose of research or study, criticism or review, parody or satire giving professional legal advice, or reporting the news. CryptoCrewz shall minutely review the infringement and shall not issue any notice if an infringement comes under the “fair dealing’ exception.
Notices or Counter-Notices may be sent to the CryptoCrewz at admin@cryptocrewz.com with a confirmation request of receipt.

CryptoCrewz Possible Venues for Enforcement After Notices And ADR:

Enforcement of patents, trademarks, designs, copyright, and other intellectual property rights generally occurs in the Federal Court of Australia, which is the Australian court that has federal jurisdiction over federal law matters, including intellectual property. The Federal Court has procedures directed to the determination of intellectual property matters and judges experienced in those matters. The Federal Court has superior court jurisdiction to grant non-monetary and monetary relief, with no limitation on the amount capable of being awarded by way of damages or an account of profits. The Federal Circuit and Family Court of Australia is another federal court with jurisdiction to hear cases involving enforcement of trademarks, copyright, and designs and has a specialist intellectual property list. It is a less formal court than the Federal Court of Australia and the cases it hears are often less complicated, take less court time, and can be held at a lower cost. Both declaratory and injunctive relief is available and there are no limits on the amount that may be awarded by way of damages or an account of profits for infringements of intellectual property rights.

Some rights are capable of being enforced in the Supreme Courts of the states of Australia as they are given federal jurisdiction there. Intellectual property rights and infringement issues related to breach of contract are often decided in cases brought before these courts.

Jurisdiction And Venue:

The exclusive jurisdiction/venue of all cases shall be in the State of Victoria, Australia. Proceedings are filed in the Federal Court and the Federal Circuit and Family Court through an application (initiating process) and a claim statement (pleaded case) according to the relevant court rules. Both courts have their own procedures for dealing with urgent interlocutory matters as well as concise forms of pleading for simpler matters. In the case of patents, trademarks, and designs, invalidity-based claims of revocation are always brought in cases in which infringement is pursued, through a cross-claim. Generally, Australian courts are not prepared to determine defensive non-infringement declaratory applications filed by a party concerned about the possibility of infringement in the absence of a statutory cause of action. The determination of non-infringement is decided on the basis of an application filed for infringement. Under patent, trademark, design, and copyright law, there is a specific cause of action jurisdiction whereby a person threatened with an infringement action may bring an action for “groundless threats,” in which they may ask for a declaration of non-infringement, an order prohibiting the use of further threats, and monetary relief (damages). CryptoCrewz reserves its right to claim any or all of the below-mentioned reliefs, in case any of the infringement takes place with our intellectual properties.

Monetary Relief:

Generally, damages or an account of profits is available following a finding of infringement of patents, trademarks, designs, or copyright. The IP rights owner generally has the option of selecting which of those forms of relief to pursue. Where the infringement is 'innocent', in the sense that the infringer did not know and had no reason to suspect that the acts were infringing, damages are not available and the monetary relief available to the IP rights holder is limited to an account of profits.

Under copyright law, there are other types of damages (such as tortious 'conversion damages') that are also available in respect of infringing articles embodying reproductions of the copyrighted material in certain circumstances. Where online infringements of copyright are found, the court is permitted to take into account, when awarding damages, the likelihood that there were other infringements that were not proved.

Where the infringement of patents, trademarks, designs, or copyright has been found to be flagrant, punitive damages (generally referred to as 'additional damages') may be awarded by the court. There is no need for punitive damages to bear any relationship to the number of compensatory damages and in some cases, they can be multiple times more than compensatory damages.

Extraordinary Relief:

Australian courts have the power to issue extraordinary relief orders. This can be the preservation of the subject matter of proceedings or evidence (search orders) prior to trial and also for the preservation of assets (asset preservation orders). Recently it has been confirmed that extraterritorial order for the freezing of assets is a valid exercise of judicial power. In comparison to a finding of infringement or invalidity in any specific case, the threshold for the making of such extraordinary orders is greater.

7. Attorneys' Fees:

Attorneys' fees (legal costs) are generally recoverable by the party who wins the case. The fees are recoverable at the conclusion of the proceeding. The quantum of the fees awarded is determined by a separate procedure for assessment based on actual costs borne by CryptoCrewz.

8. Binding Effect of End User Licence Agreement:

Besides the terms described in this CryptoCrewz Intellectual Property Policies & Notices, Platform Users of CryptoCrewz shall also be bound by the terms mentioned in the End User Licence Agreement. By accepting the CryptoCrewz Terms of Sale/Service & User Agreement, CryptoCrewz Platform Users are also bound by this Agreement besides the End User Licence Agreement in which all Intellectual Property Rights of CryptoCrewz are protected.

AML/CTF Policies

CryptoCrewz is committed to conducting business following the highest ethical standards by complying with all applicable anti-money laundering (AML), counter-terrorist financing (CTF) laws, and regulations affecting Crypto companies. CryptoCrewz takes a risk-based approach to compliance management, ensuring that proper controls are in place to prevent, detect, and report potential money laundering and terrorist funding.

Objectives of AML/CTF Policy:

Provide guidance and direction to ensure that necessary Australian/Global regulatory requirements are followed, to reduce the risks of money laundering, terrorist financing, and other suspicious activities.
Combat, detect, and report money laundering and terrorist financing using CryptoCrewz products or services.
Protection of CryptoCrewz name and reputation.

AML/CTF Policy:

The AML/CTF policy of CryptoCrewz consists of the following features:

The appointment of an AML/CTF Compliance Officer, who is responsible for overseeing the AML program, maintaining senior leadership commitment, defining AML compliance requirements, and guiding AML strategy as a part of AML compliance.
Policies and procedures that establish CryptoCrewz standards of controlling money laundering and terrorism financing detection, including but not limited to its AML/CTF Policy and Know Your Customer (KYC) Standards. Risk-based procedures developed by each line of business cover client due diligence needs, record keeping, reporting requirements, as well as processes for the identification, and escalation of anomalous occurrences of transactions, in addition to the baseline KYC standards.
Through the provision of training and awareness materials, management of enterprise-wide training programs, and maintenance of enterprise knowledge of AML concerns develop a culture that supports AML compliance.
Audit and testing, which involves a periodic independent examination of the AML program, as well as internal self-assessment and reporting, validates and evaluates the effectiveness of AML processes and procedures.
Employee due diligence program that establishes the screening procedure for prospective workers and maintains a system for detecting any employee who fails to comply with the AML/CTF Program without sufficient cause.
Compliance with global AML/CTF regulations and regulator-issued guidelines.

AML/CTF PROGRAM:

The AML/CTF Program of Cryptocrewz consists of two parts, Part A and Part B.

PART - A:

1. Money Laundering and terrorism financing risk assessment:

In determining and putting in place appropriate risk-based systems and controls to identify, mitigate and manage ML/TF risks in Part A of this Program, Cryptocrewz shall stick to the following factors:

1.1 Client Risk Categorization:

Clients will be classified as "High," "Medium," or "Low" risk based on a variety of characteristics and risk indicators. Risk Monitoring and KYC up-dating should be done annually for the High-Risk Customers, every two years for Medium Risk Customers, and every three years for Low-Risk Customers.

Depending on the conditions, such as the client's background, client income criteria, type of business connection or transaction, client’s geographic location, etc., certain clients may be in a greater or lower risk group.

A risk-based monitoring strategy will be used. The following are some broad areas of monitoring reasons for suspicion, as well as examples of suspicious transactions for CryptoCrewz:

Client identity;

- falsified identification documents.

- Documents of identification that could not be checked in a fair amount of time.

- Doubts about who is the account's true recipient.

- Accounts with names that are remarkably similar to those of other well-known businesses.

Suspicious History;

- Suspicious history or ties to well-known criminals.

Accounts with multiple users;

- An unusually large number of accounts with the same account holder.

- Transfers across several accounts that aren't explained.

Accounts Activity;

- A typical behaviour when compared to previous transactions.

- Accounts that have been dormant for a long time, suddenly become active.

- Activity that is not consistent with the nature of the declared business.

Transactions' Characteristics;

- Complexity that is unusual or unjustified.

- There is no economic justification or legitimate reason for this.

- The source of funds is suspicious.

Transactional Value;

- In an apparent attempt to escape reporting, the value is slightly below the reporting threshold amount.

- Inconsistent with the client's visible financial situation.

- Inconsistent with the customer's transaction pattern.

1.2 CryptoCrewz shall deal in the following activities:

CryptoCrewz shall deal in the sale of NFTs (Digital Art) to its platform users (Subject to limits announced from time to time). However, the platform users are free to attach their digital wallets to any company to preserve digital NFTs Art purchased by them. CryptoCrewz is not an exchange and does not hold its own Digital Wallets, so the platform users shall use the third-party services for the same.

Secondly, CryptoCrewz offers its Platform to buy Music and Apparel. CryptoCrewz Platform shall be available globally except in countries in which the sale of NFTs is restricted.

Thirdly CryptoCrewz shall Mint NFTs through its own hired contractors and shall acquire all IP rights in it before placing them for sale on its platform. The CryptoCrewz may allow minting at the time of purchase.

Fourthly no cash transactions are allowed at the CryptoCrewz Platform

Fifthly, CryptoCrewz shall restrict the number of NFTs purchased per person if it reaches beyond $10,000 subject to any suspicious activity reported by the Compliance Officer of CryptoCrewz.

Lastly, Blockchain and Customer activities shall be regularly watched by a high-tech computer system in addition to the CryptoCrewz team supervision.

1.3 AML/CTF Compliance Officer and his Responsibilities:

Mr Hiram Ng having its contact details admin@cryptocrewz.com who is presently appointed as an AML/CTF Compliance Officer shall be responsible to look after and report all the suspicious activities regularly to the appropriate controlling authorities at the applicable jurisdiction of the platform user. He will also be responsible for updating AML/CTF policies and procedures as per latest notifications and amendments in AUSTRAC and other global authorities.

2. AML/CTF Risk Awareness Training Program:

A risk awareness training program is a program designed by the AML/CTF Compliance Officer to give proper training to Employees regarding identifying transactions or clients that may be using our Sales/Services Platform.

The Risk Awareness Training Program is intended to ensure that each employee receives training on the ML/TF risk that they may face. Its purpose is to help the employees understand:

CryptoCrewz obligations under the AML/CTF Act and Rules;
the consequences of non-compliance with the AML/CTF Act and Rules;
the type of ML/TF risk that Cryptocrewz may face and the potential consequences of such risk; and
the processes and procedures provided by this Program that are relevant to the employee's work.

2.1 Regular Compliance Updates in the ongoing Training:

Regular compliance updates, including AML/CTF and AUSTRAC problems, are provided by an external compliance consultant (If required) and AML/CTF Compliance Officer. All Cryptocrewz personnel are given access to these upgrades.

2.2 Seminars on AML/CTF for Employees:

The AML/CTF Compliance Officer will host AML/CTF seminars to address CryptoCrewz AML/CTF concerns. The AML/CTF seminars will be held as determined by the AML/CTF Compliance Officer. A separate seminar for new workers and employees on leave may be held within a reasonable time of starting work if the AML/CTF Compliance Officer considers it appropriate in light of the ML/TF risk connected with the existing or prospective employee's role.

2.3 Record Retention of Seminars:

In compliance with CryptoCrewz Record Retention Policy, a record of each employee who attends an AML/CTF seminar will be preserved.

2.4 Holding Additional Seminars to Update with Changes:

Additional seminars will be held at the discretion of the AML/CTF Compliance Officer to ensure that all staff are aware of and up-to-date with changes in AML/CTF legislation and procedures.

2.5 Action to Be Taken Against Employees for Non-Participation in The Seminars:

If an employee fails to attend an AML/CTF seminar without justifiable cause, the Founder/CEO will be notified, and necessary disciplinary action will be taken against the employee at the request of the AML/CTF Compliance Officer.

2.6 Extra Training to Recommended Staff:

Some workers may be required to complete extra training as recommended by the AML/CTF Compliance Officer from time to time, depending on the nature of their employment and duties.

3. Applicable Laws:

The Anti-Money Laundering and Counter-Terrorism Financing Act of 2006 (the "AML/CTF Act") makes money laundering a crime. The regulations include extensive provisions on the measures and procedures that must be maintained and applied by the subject persons viz. Institutions/Organisations/Corporations, such as customer due diligence measures, record-keeping procedures, and reporting procedures, among other things.

"Applicable Laws" refers to all laws in effect within Australia at the time, including (but not limited to) the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ("AML/CTF Act"). CryptoCrewz shall take all reasonable efforts to follow global laws regarding Anti-Money Laundering and Counter-Terrorism Financing.

3.1 Australian Laws:

'AUSTRAC' refers to the Australian government agency in charge of implementing the AML/ CTF regime, monitoring compliance with relevant legislative provisions, and collecting, collating, processing, analysing, and disseminating information to combat money laundering and terrorist financing.

3.2 Global Laws of AML/CTF:

CryptoCrewz is committed to implementing minimum control standards in all jurisdictions where it operates. For this reason, CryptoCrewz adopted a Global Anti-Money Laundering Policy ("AML Policy''). The AML Policy's goal is to identify and manage the money laundering risks that CryptoCrewz has identified. This is accomplished by designing and executing suitable processes, systems, and controls to prevent money laundering for CryptoCrewz, its clients, shareholders, employees, and the communities it serves. The AML Policy establishes minimum control standards for CryptoCrewz organisation and personnel, requiring them to comply with all applicable AML laws, rules, and regulations. Applicable laws, regulations, regulatory advice, and best practice from the United Kingdom, European Union, and the United States of America inform the AML Policy. When there are material disparities between these authorities' or nations' rules and regulations, the AML Policy applies the highest standard, while respecting the priority of local law.

3.3 CryptoCrewz Sanction Policy Statement:

As a global blockchain business organisation, CryptoCrewz is dedicated to fighting financial crime and safeguarding the global blockchain system's integrity. The Global Sanctions Policy (the "Policy") of CryptoCrewz is one of the ways we achieve this goal.

The Policy is based on the United Nations Security Council's ("UN") sanctions resolutions, laws, regulations, and regulatory guidance, as well as the United Kingdom ("UK"), the European Union ("EU"), and the United States of America ("US"), and takes into account broader financial crime concerns. In all of the jurisdictions where we operate, CryptoCrewz is required to follow the applicable sanctions laws and regulations. Furthermore, the Policy aims to establish a globally uniform standard for efficiently managing sanctions compliance risk across all jurisdictions where CryptoCrewz operates, subject to the supremacy of local law. As a result, even if some business activities are permitted by local rules and regulations, we may be unable to support them.

The Policy establishes the minimum standards to which CryptoCrewz must adhere, including prohibiting or restricting customer relationships or transactions/business activity involving: parties named on certain UN, UK, EU, or US sanctions lists; parties named on a sanctions list issued by the competent authority in the jurisdiction in which CryptoCrewz operates.

3.4 The Global -Financial Action Task Force (FATF):

The Financial Action Task Force (FATF) is an intergovernmental agency tasked with combatting money laundering and terrorism financing. The FATF's authority covers the globe and includes every major financial centre, with 39 member states. Its main task is to establish global standards for anti-money laundering compliance and to monitor their effective implementation. The FATF publishes updated AML/CTF recommendations regularly to achieve this goal. Member governments and their financial institutions should:

Implement Know Your Customer (KYC) ID verification measures to comply with FATF requirements.
Follow the FATF's due diligence guidelines.
Keep proper records of high-risk clients.
Monitor accounts regularly for unusual financial activity and report them to the appropriate national authority.
Impose effective consequences on legal persons and obligated organisations who do not follow FATF regulations.

3.5 The European Union Laws:

Anti-Money Laundering Directives are the mechanism by which the European Union harmonises AML/CTF legislation across its member states. Money laundering instructions are revised regularly to reflect current money laundering, terrorism funding, and criminal dangers in financial markets. Cryptocurrency/Financial institutions should be conversant with the following 5-6 AMLD rules to comply with them:

5AMLD: The Fifth Anti-Money Laundering Directive focuses on cryptocurrency regulation, including a legal definition, reporting duties, and crypto wallet rules. Prepaid cards, high-value goods transactions, beneficial ownership, consumers from high-risk third countries, and Politically Exposed Persons (PEP) lists all face new regulatory requirements under 5AMLD.
6AMLD: The Sixth Anti-Money Laundering Directive contains provisions for a standardised definition of money laundering offences, an expansion of the scope of money laundering and the criminal culpability of those involved in it, and harsher penalties for those convicted of money laundering.

3.6 United Kingdom AML Regulations:

Financial institutions must take a risk-based approach to the threats they face to comply with the CTF/AML laws outlined in POCA (Proceeds of Crime Act), the Terrorism Act, and Money Laundering, Terrorist Financing, Transfer of Funds Regulation, 2017 (MLR 2017). POCA is the UK’s primary AML regulation that defines the offences that constitute money laundering. While POCA focuses on offenses of money laundering, the Terrorism Act imposes counter-terrorism obligations on Financial Institutions, including customer due diligence, transaction monitoring, and reporting requirements. In practice, companies should do AML risk assessments of their clients and the industries in which they operate, and then utilise that knowledge to develop an appropriate response.

FCA:

The Financial Conduct Authority is the primary financial services regulator of the U.K. that oversees banks, building societies, credit unions, and other financial institutions. The FCA's broad aims include consumer protection, market integrity and stability, and competition promotion. It also has the power to make regulations, enforce them, and undertake investigations to achieve those goals. In practice, the FCA has the following powers:

Regulation: Establishing minimum legal requirements for financial products in the UK and prohibiting items that do not adhere to FCA norms.
Supervision: Conducting risk assessments, monitoring suspicious behaviour, and reporting to appropriate authorities, to ensure UK financial institutions operate safely and conform to specific AML requirements.
Authorization: Financial institutions must register and meet certain standards before being granted permission to operate in the United Kingdom.

HMRC:

The FCA and Her Majesty's Revenue and Customs share responsibilities for investigating money laundering violations. HMRC provides anti-money laundering guidance in the UK, including requirements for customer due diligence and transaction monitoring, as well as the necessity to issue an anti-money laundering policy statement.

The National Crime Agency (NCA) and the Serious Fraud Office (SFO), both of which have arrest powers and can seek warrants and court orders, share the power to enforce money laundering legislation in the UK with the FCA and HMRC. Assets suspected of being involved in money laundering, terrorist funding or other criminal acts can be frozen and confiscated by UK AML/CTF authorities.

3.7 The United States of America- The Bank Secrecy Act:

The Bank Secrecy Act (BSA) is the fundamental anti-money laundering law in the United States, and it is enforced by the Financial Crimes Enforcement Network (FCEN) (FinCEN). The BSA was created to combat money laundering, but it has now broadened its reach to cover other financial crimes. The Patriot Act, for example, was updated in 2001 to incorporate counter-terrorist financing (CTF) measures.

The BSA mandates the submission of Suspicious Activity Reports (SAR), Currency Transaction Reports (CTR), and forms for high-value transactions of $10000, among other AML reporting and filing requirements.

Institutions that do not follow BSA regulations risk being punished under the US criminal code, which could result in prison time and fines of up to $250,000.

4. Employee due diligence program:

Employee due diligence is carried out during the recruitment process for new employees and on an ongoing basis for existing employees. Employee due diligence is designed to minimise the risk of Employees becoming involved in the facilitation of ML or TF activity when providing our Designated Services. The AML/CTF Compliance Officer under his/her supervision is responsible for developing and maintaining Employee due diligence in compliance with this Program.

4.1 Employee due diligence process in case of new employees:

(a) Before making any employment offer, our human resources department (or an officer with comparable responsibility) must provide the AML/CTF Compliance Officer with information about the applicant as well as a description of the function the applicant will play if hired.

(b) A risk assessment of each newly created or previously existing role that is to be filled with a new employee must be conducted to identify whether that role will be in a position to support the commission of an ML or TF offence.

The AML/CTF Compliance Officer will:

collect information about and verify the identity of all prospective employees who, if hired to fill a newly created role that can facilitate an ML/TF transaction, or a previously-existing role that can now facilitate an ML/TF transaction in connection with the provision of a designated service.
obtain a copy of the prospective employee's visa if the employee is not an Australian citizen;
conduct at least two (2) reference checks;
obtain copies of all tertiary educational qualifications or, if none, the person's highest educational qualification; and
conduct a criminal history check with the Australian Federal Police.

The above procedures shall be completed before a job offer is given to any candidate unless the AML/CTF Compliance Officer determines differently based on the reason(s) why they cannot be completed ahead of time and the ML/TF risk associated with the prospective employee's role.

4.2 Employee due diligence in case of existing employees:

When an employee is recommended to be transferred or promoted to a new function, a risk assessment of that role must be conducted to evaluate if the employee will be in a position to assist in the commission of an ML or TF offence.

When an employee is transferred or promoted to a position that could put them in a position to facilitate the commission of an ML or TF offence in connection with the provision of a designated service, the AML/CTF Compliance Officer will:

obtain an updated copy of the employee's visa if the employee is not an Australian citizen; and
conduct any other identification, reference, criminal history checks, or credit checks that the AML/CTF Compliance Officer deems necessary.

Employees who fail in the procedures outlined above will be reported to the Compliance Officer. Where appropriate disciplinary action, including termination of employment, shall be taken.

Employee background checks conducted under this program shall be preserved in compliance with the Record Retention Policy.

5. Approval Of AML/CTF Program and Ongoing Oversight of Part a By Senior Management:

The AML/CTF policy and Program (Including Part A) is duly approved by the Founder and the Board of Directors of Cryptocrewz.

In case any earlier reviews are required in the event of a change in underlying regulations, the same shall be reported to the Board and Senior Management as required and as appropriate to provide oversight. The regular meetings once a year shall be conducted by the AML/CTF Compliance Officer.

6. The AML/CTF Compliance Officer (Global/Local):

6.1 A Global/Local AML/CTF Compliance Officer namely Hiram Ng having contact details admin@cryptocrewz.com has been designated, who reports directly to local management and is held accountable by the management.

Duties of AML/CTF Compliance Officer:

The AML/CTF Compliance Officer shall perform the following duties:

Shall receive the Internal complaints of suspicious transactions; Ensure that the Company has a fully integrated Chain Analysis tool for all NFTs and other related products, and that all incoming and outgoing transactions are monitored. When completing this report, the AML/CTF Compliance Officer should include as much information as feasible, as well as the necessary identification and supporting documents;

Suspicious Matter Reports ("SMRs") will be submitted utilising AUSTRAC's/ Concerned Regulatory Authority at the online portal, giving the relevant information as required under AML/CTF Rules, to maintain the highest level of secrecy;

SMR will only be submitted to AUSTRAC and will not be copied to any supervisory authority, i.e., there will be no tipping off;

Wherever possible, provide external reporting to the appropriate global regulatory authorities;

Annually report to local management (the report should include the outcomes of any AML control activities, a notice of suspicious transactions, employee training, and AML prevention efforts that have been implemented);

Examine all strange and suspicious transactions and behaviour that have been identified by monitoring systems or otherwise;

Checking Users against recognized "black lists" (e.g., OFAC, UN, EU, DFAT), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation when necessary, sending internal communications, and filling out statutory reports, if applicable;

Develop money laundering detection and prevention methods and policies;

Review the effectiveness of policies and processes for preventing and reporting criminal behaviour regularly;

Staff training should be established, and all employees should be advised and informed.

6.2 The AML/CTF Compliance Officer is In-charge of managing all areas of the service provider's anti-money laundering and counter-terrorist financing efforts. The Company must guarantee that the AML/CTF Compliance Officer has appropriate resources to ensure compliance with the Company's anti-money laundering and counter-terrorist financing policies.

The AML/CTF Compliance Officer is responsible for: (a) receiving reports of knowledge or suspicion of ML/Funding of Terrorism; (b) evaluating such reports to determine whether knowledge or suspicion of ML/Funding of Terrorism exists; (c) reporting knowledge or suspicion of ML/Funding of Terrorism to AUSTRAC; and (d) responding promptly to any AUSTRAC request for information.

6.3 Following the appointment of the AML/CTF Compliance Officer, the Company shall immediately notify AUSTRAC using the form accessible on the AUSTRAC website.

6.4 If the AML/CTF Compliance Officer resigns and is replaced, AUSTRAC shall be notified as soon as practicable.

7. Regular Review of Part A of AML/CTF Program:

The Independent Review of AML/CTF Program - Part A shall be conducted by the AML/CTF Compliance Officer after every 12 months to assess the effectiveness of this AML/CTF policy and Program, to find out whether our AML/CTF policy and Program comply with the AML/CTF Rules of AUSTRAC, whether this AML/CTF policy and Program has been effectively implemented; and whether Cryptocrewz has also complied with this AML/CTF policy and Program. The report of the same shall be prepared and presented to the Board of Directors.

8. Responding to Feedback received from AUSTRAC:

(a) We must have a mechanism in place that allows us to receive and consider feedback from AUSTRAC on our performance in managing the ML/TF risk.

(b) The AML/CTF Compliance Officer must:

(i) amend the Program (for adoption by the Board) to address any deficiencies identified in AUSTRAC feedback;

(ii) develop a plan (with appropriate training) for implementing the amendments incorporating AUSTRAC feedback; and

(iii) manage the implementation of the developed plan.

9. Report on Suspicious Matter (“SMR”):

9.1 If the Company has information or suspicion of money laundering or terrorist financing, as well as any knowledge, suspicion, or reasonable grounds to suspect that the monies utilized in a transaction are the proceeds of a crime, the Company will take the following actions:

(i) Any Company employee who has information or suspects such money laundering or terrorist financing must notify the AML/CTF Compliance Officer.

(ii) once the AML/CTF Compliance Officer has received all material relevant to the knowledge or suspicion provided by the employee, he/she will conduct a further investigation into the situation with the help of the Designated Employee/s to determine whether the report should be submitted to AUSTRAC as an SMR.

(iii) If the AML/CTF Compliance Officer decides not to submit the report, he must create a full report outlining his findings and reasons for his decision, which must be stored in the Company's records and kept for seven (7) years in line with the Record Keeping Section above.

(iv) On the other hand, if the AML/CTF Compliance Officer chooses to send the report to AUSTRAC, he must do so in the format recommended by AUSTRAC. This form can be submitted online at the AUSTRAC website.

9.2 Any disclosures to AUSTRAC must be made as quickly as possible, but no later than 24 hours after establishing the relevant suspicion if the suspicion is related to terrorism financing, or three (3) working days in all other situations.

9.3 The time for reporting a suspicious matter specified in paragraph 9.2 begins when the Company forms a suspicion on reasonable grounds.

This can happen at any point during the customer's inquiry, request, proposal, or start-up stages of receiving a certain service.

10. Reporting on AML/CTF compliance:

Within three (3) months at the end of each Reporting Period ("Reporting Period"), the AML/CTF Compliance Officer shall submit an AML/CTF Compliance Report to AUSTRAC on behalf of Cryptocrewz, or as otherwise specified by AUSTRAC.

During the Reporting Period, the AML/CTF Compliance Report must detail each of CryptoCrewz compliance with the AML/CTF Act and Rules, and it must be in the form provided by AUSTRAC (if any).

11. Ongoing Due Diligence Measures for The CryptoCrewz Platform Transactions:

11.1 CryptoCrewz will do continuing due diligence on every User's business relationship and rigorously evaluate transactions to verify that they are consistent with their understanding of the User, his company, and risk profile, and, where appropriate, the source of money.

11.2 If CryptoCrewz suspects money laundering or terrorism funding, it will examine its due diligence procedures and take steps to re-verify the User's identification and gather more information about that User's activity.

11.3 CryptoCrewz due diligence is documented, designed to assess all important risk variables in evaluating total risk and necessary mitigation measures are kept up to date, and will always be available to relevant authorities and self-regulatory bodies.

11.4 While conducting transactions of at least AUD 10,000 (Ten Thousand Australian Dollars), CryptoCrewz will verify the identification of Users, whether in a single transaction or a series of related transactions.

11.5 Once a User has engaged in transactions worth at least AUD 10,000 (Ten Thousand Australian Dollars) throughout his or her engagement with the CryptoCrewz platform, CryptoCrewz will conduct a 'chain analysis to identify the relevant public address for such User and earmark such User as either 'high risk', 'medium risk', or 'low risk' based on parameters such as transaction value, and transaction volume.

11.6 CryptoCrewz will pay special attention to the following types of transactions, and will conduct ongoing due diligence on them:

(1) large, complex transactions, including those with unusual patterns that are inconsistent with a User's normal/expected level of activity, and that have no apparent economic rationale or legitimate purpose; and

(2) transactions involving high account turnover, which are inconsistent with the size of the balance ordinarily maintained.

11.7 CryptoCrewz does not require details of the personal bank account of the user as payments are handled by a third-party payment gateway. In case the need for a bank account arises in the future due to any change in the policy of the company, CryptoCrewz will require Users to specify a personal bank account ("the User Bank Account'') to which CryptoCrewz will credit any money due to the User as a result of the User's trading activity on the CryptoCrewz Platform. Users may request that CryptoCrewz change their User Bank Account from time to time, provided that such requests are:

(i) in writing, (ii) specify a new bank account in the User's name, and (iii) subject to CryptoCrewz satisfaction, at its sole discretion, that the changing of a bank account does not otherwise contravene CryptoCrewz AML Policy. Otherwise, Users are hereby warned that as per its strict policy CryptoCrewz will not accept any request to credit the User's monies into a bank account other than the User's Bank Account.

11.8 Because Users are not CryptoCrewz face-to-face customers, CryptoCrewz may be required to perform additional due diligence, such as certifying all documents provided by Users, requesting additional documents as needed, and requiring that the first payments made by such Users be made through the User's KYC-compliant bank account. Any such requirements imposed by Applicable Law shall be integrated into this AML Policy, and CryptoCrewz has the right to revise the AML Policy to meet these needs.

11.9 CryptoCrewz staff is trained in CryptoCrewz due diligence and anti-money laundering measures, as well as any requirements mandated under Applicable Law for this purpose, and they can be contacted if any User has questions or concerns about any of the measures in this AML Policy.

12. Enhanced Due-Diligence ["EDD"]:

12.1 The Company will use EDD measures in risk-sensitive situations or when the customer is not present and there is some question, such as due to online applications via its platform. The EDD measures are in addition to the CDD measures.

12.2 EDD measures are used to ensure that the higher risks posed by specific customers and transactions are better monitored and handled to avoid any involvement in money laundering or terrorist financing.

When the Operations Department assesses the Customer as high risk, and in all circumstances where the customer is not present, the Company employs EDD measures.

12.3 EDD measures are used in the following situations:

(a) when the Applicant has not been physically present for identification purposes and has been classified as a high risk subject to the Company's CDD measures;

(b) in cross-border correspondent banking relationships; or

12.4 In the above-mentioned situations, the AML/CTF Compliance Officer and Designated Employee/s should be contacted to determine which of the EDD measures listed below should be used when the applicant is not present and is considered as a high-risk customer (i.e., for non-face-to-face applicants i.e., online applications).

12.5 In addition to the specific instances listed above, the Company must take EDD measures in connection with a Business Relationship or a transaction involving a jurisdiction listed in the FATF's public documents, as required by the guidance note on high-risk and non-cooperative jurisdictions.

12.6 There may be other scenarios that, by their very nature, provide a larger danger of money laundering/terrorism financing. As a result, the AML/CTF Compliance Officer must exercise caution while implementing EDD measures in such cases. The AML/CTF Compliance Officer must ensure that such measures are deployed in a risk-sensitive manner and are appropriate in light of the increased risk of money laundering and terrorist financing.

13. Policy and Procedure for Maintenance of Records:

CryptoCrewz will keep track of the following, and has developed an internal system to detect them:

13.1 Information on User transactions, such as the type of the transactions, the amount of the transaction and the currency in which it was denominated, the date on which the transaction was completed, and the parties to the transaction.

CryptoCrewz shall maintain a record of, and has evolved an internal mechanism to detect, User transactions worth at least AUD 10,000 (Ten Thousand Australian Dollars), or its foreign currency equivalent; and User transactions linked to each other and occurring within a month of each other, totalling at least AUD 10,000 (Ten Thousand Australian Dollars), or its foreign currency equivalent.

14. Policy and Procedure of Maintaining Information:

CryptoCrewz will keep hard and soft copies of the above-mentioned Transactions’ records by the procedure and manner as may be prescribed from time to time under applicable laws or regulations. In addition to the foregoing, CryptoCrewz will keep records of transactions following its standard procedures.

15. Disclosure of the Records:

15.1 CryptoCrewz may be compelled and/or instructed to assist and comply with the government and/or law enforcement authorities, police, investigating agencies, or Tribunals and Courts inside or outside Australia.

15.2 In such situations, CryptoCrewz shall have the right to share any information about the User in its possession or control, subject to relevant data protection legislation, including to government or law enforcement officials, police, investigating agencies, Tribunals, and Courts inside Australia.

15.3 In particular, CryptoCrewz shall have the authority to initiate processes and disclosures, including but not limited to:

(i) information concerning to or as a result of claims and legal process (such as summons/warrants);

(ii) to protect CryptoCrewz property, rights, and safety, as well as the property, rights, and safety of a third party or the general public; and

(iii) to identify and stop any activity that CryptoCrewz considered illegal, or where action can be taken legally.

(iv) CryptoCrewz may provide necessary information to AUSTRAC or other Global government departments if required by law.

(v) CryptoCrewz also compiles records and audit and compliance notes regularly to assess the effectiveness of its internal audit systems, and these notes are presented to CryptoCrewz audit committee every quarter.

16. Collection and Verification of KYC Information:

As per the AML/CTF Rules/Act, we must collect and verify customer KYC information to make sure customers are who they claim to be. The ‘reliable and independent documentation that we can use to verify customer identification information includes:

Individual

Minimum details required:

Full name
DOB
Residential address
Email/Phone Verification

Note: We use a third-party payment gateway to get Credit Card payments. For amounts under $500 in the US and $1000 internationally, it will be Name/Address/DOB. However, we do not keep this data, only the payment gateway will have it. For transactions over those amounts, the third-party payment gateway will do full KYC. But we do not hold that information. However, at the time of pre-registration, we do get an email id and complete KYC is done by third party Digital Wallet Providers and Payment Gateway providers. However, Name, Shipping Address, Email is taken for dispatch purpose.

For Other Big Transactions:

Also, collect the following for sole traders:

Full business name (if any)
Complete address of the main/primary place of business (if any) and
ABN (if any)
Email/ Phone Verification

Standard verification procedure:

Australian driving licence
Australian passport (or foreign passport)
Card issued as per the law of the state, territory, or federal government law

Global Users: For Users from foreign countries, a foreign passport or same document which has been issued for the purpose of international travel, which contains the photograph along with his/her signature

Non-standard verification procedure:

To be followed where standard verification is not possible or where there is a discrepancy in the information collected or where we are not reasonably satisfied that the User is the individual he or she claims to be.

Australian birth certificate
Australian citizenship certificate
Pension card or
Health care card

All of the documents listed above must be accompanied by at least one of the following:

a letter from the government issued during the previous 12 months
a letter from the Tax Office issued within the past 12 months or
a letter from the local government issued within the last 12 months.

For Global Users: we are cautious about using identification other than a foreign passport. However, a National Identity Card issued by a foreign government containing a photograph and signature of the person or a foreign driver’s licence that contains a photograph of the person is also acceptable.

Companies: Australian companies

Minimum details required;

Company’s Full Name as registered by ASIC
Authorised Signatory
Address of registered office
Address of principal place of business
Email/Phone Verification
Tax Identification Number
ACN
In the case of a proprietary company, each director’s name
In the case of a proprietary company, the beneficial owners’ name, and address
In the case of a regulated company, the name of the regulator as well as the details of the licence
In case the company is a majority-owned subsidiary of an Australian listed company then the name of the Australian listed company along with the name of the relevant market/exchange
In the case of a listed company, the name of the relevant market/exchange with whom it is listed.

Companies: Foreign Companies

Minimum details required:

Name of Company
Address of registered office in Australia/ Other Country
Address of principal place of business; or the full name and address of the company’s local agent in Australia, if any

ARBN/ EIN/Incorporation Certificate
Email/Phone Verification
Tax Identification Number
Country of origin of the company (i.e., where it was formed, incorporated, or registered).
If registered in the country of origin then the type of company
If a proprietary company – name, and address of beneficial owners and directors
In the case of a regulated company, the name of the regulator as well as the details of the licence
In case the company is a majority-owned subsidiary of an Australian listed company than the name of the Australian listed company along with the name of the relevant market/exchange
In the case of a listed company, the name of the relevant market/exchange with whom it is listed.

Standard verification procedure:

Search for foreign stock exchange
Search for foreign registration body or an original or certified copy of a certificate of registration (or equivalent) issued by the relevant foreign registration body.
Search of ASIC/ Registrar of Companies of respective Country

Trusts and Trustees

Including a registered scheme, registered trust, government superannuation fund, and any other trust

(Including custodian or nominee company)

Minimum details required:

Name of Trust
Business name of Trust
Type of trust
Email/Phone Verification
Tax Identification Number
Country trust established
The full name of the trust’s settlor, unless:
the material asset contribution to the trust by the settlor at the establishment was less than $10,000; or
the settlor is deceased
Name, and address or date of birth, of each beneficiary
In case the trust is a registered scheme then the ARSN of the scheme
In case the trust is regulated then the name of the regulator and relevant ABN
If the trust is a government superannuation fund established under legislation, then that legislation name.
Each beneficial owner’s name, and address or date of birth

Standard verification procedure:

Trust deed’s extract or copy or
Search ASIC, APRA, and ATO website
Notice of assessment issued in the previous 12 months by the ATO

Trustees

Minimum details required:

Name of each trustee
Registered address of each trustee
Email/Phone Verification
Tax Identification Number
If the beneficiaries are identified by the trust by reference to a class, then details of the class. If not identified by reference to a class, the name of each beneficiary
Each beneficial owner’s name, and address or date of birth

Standard verification procedure:

Trust deed
Search of ASIC, APRA, and ATO website
Notice of assessment issued in the previous 12 months by the ATO
In some circumstances: disclosure certificate

Partnerships

Minimum details required:

Name of Partnership
Business name of Partnership
Registered address of the partnership
Country in which partnership was established
All partners’ full names and address
Email/Phone Verification
Tax Identification Number

Standard verification procedure:

Partnership agreement’s copy or extract or
Partnership meeting’s copy or extract of minutes or
Search of ASIC, APRA, and ATO website
Original or certified copy of a certificate or registration of business name issued by a government agency
In some circumstances: disclosure certificate

Associations

Minimum details required:

Full name of the association
Full address of the association’s principal place of administration or
Full address of registered office of the association (if any) or
Full name and residential address of the association’s public officer (or of the president, secretary, or treasurer, if no public officer)
If an unincorporated association, then the Full address of the association’s principal place of administration (if any)
Full name of the chairman, secretary, or equivalent officers
Any unique identification number issued by the relevant registration body upon incorporation.
Each beneficial owner’s name, and address or date of birth
Email/Phone Verification
Tax Identification Number

Standard verification procedure:

Copy or extract of Rules of the Association and its Constitution
The minutes of the meeting
To Search ASIC or the government body that is responsible for the association’s incorporation
In some circumstances: disclosure certificate

Registered Co-operatives

Minimum details required:

Registered co-operative’s full name and
Full name of the chairman, secretary, and treasurer or equivalent officer in each case and
Any unique identification number issued by the relevant body upon its registration and
Full address of the co-operative’s registered office or
Full address of the co-operative’s principal place of operations (if any) or
Full name and residential address of the co-operative’s secretary (or if there is no such person, the cooperative’s president or treasurer) and
Each beneficial owner’s name, and address or date of birth
Email/Phone Verification
Tax Identification Number

Standard verification procedure:

Copy or extract of the register maintained by the co-operative
The minutes of the meeting of the co-operative
To Search ASIC or the government body that is responsible for the association’s incorporation
In some circumstances: disclosure certificate

Government Bodies

Minimum details required:

Full name of the government body
Full address of the government body’s principal place of operations
Whether the government body is an entity or emanation, or whether it is established under legislation
If established under legislation, whether it is the legislation of a State, Territory, or a foreign country; and the name of that State, Territory, or country
Name, and address or date of birth, of each beneficial owner (unless the entity is an Australian Government entity)
Email/Phone Verification
Tax Identification Number

Standard verification procedure:

Search the relevant Commonwealth, State, Territory, or Foreign Country website for confirmation of the government body’s existence or
Review the relevant Commonwealth, State, Territory, or Foreign Country register of government bodies (where available) or
a copy or relevant extract of the legislation obtained from a reliable and independent source, such as a government website, if the government body is established under legislation.

PART - B

17. Politically Exposed Persons ("PEPs"):

The Company shall obtain such information directly from the Applicant (as part of the on-boarding questions) or from other readily available sources such as Experian, World-Check, newspapers, etc. at the start of/initial onboarding process (or if the client has been flagged as a PEP during a new review). When a customer is classified as a PEP, the Board of Directors or Senior Management must approve the transaction. EDD measures must be used for PEPs as long as they are entrusted with a significant public function for the next twelve (12) months after they are no longer entrusted.

18. Recording Breaches/Deficiencies:

The AML/CTF Compliance Officer is required to keep a breach log that describes any breaches or failures to follow the procedures outlined in this Program. The AML/CTF Compliance Officer must review the breaches register on an annual basis and determine whether the breaches or non-compliance that occurred during the relevant period indicate any systemic deficiencies in the Program, as well as recommend to the board how these deficiencies should be addressed.

19. Records Retention:

As required by the AML/CTF Act and AML/CTF Rules, Cryptocrewz shall retain all reports and records as required. in soft and hard copies for a period of seven (7) years from the date of the User's last transaction with CryptoCrewz.

20. Handling Exceptions and Sanctions:

Exceptions to this policy must be approved by the CryptoCrewz AML/CTF Compliance Officer or a designated person, and must be approved at the sole discretion of the CryptoCrewz AML/CTF Compliance Officer or a chosen person. All exceptions will be documented, together with the rationale for the exclusions, the expiration or review date, and, if applicable, an action plan and timetables for policy compliance.

Without limiting the generality of the preceding, all individuals and businesses must be screened against sanction programs such as UN, OFAC, EU, DFAT, and other international/local sanction lists. This is to ensure that the Company does not conduct business with someone who has been sanctioned.

APPROVAL OF POLICY AND PROCEDURE MANUAL BY FOUNDER MEMBER OF CRYPTOCREWZ:

I Hiram Ng, Founder Member of CryptoCrewz, have approved this/CTF Policy and Procedure Manual as reasonably designed to achieve and monitor the Company’s ongoing compliance with required AML/CTF Global and Australian Laws.

Approved by;

Hiram Ng., Founder Member CryptoCrewz

Dated: 03-07-2022

Privacy Policy

Welcome to CryptoCrewz Global Privacy Policy (“Privacy Policy”) for the products and services provided by CryptoCrewz, a Company with its registered address in Australia. CryptoCrewz provides many services to its clients which include (but are not limited to): a) Selling NFTs, b) Selling Apparels, c) Selling Music MetaVinyl (™) as an authorised distributor and marketer of artists, and d) Creating and connecting a Digital Wallet through third parties, which includes but is not limited to Metamask, Coinbase Wallet, Google (Venly), Twitter (Venly), Facebook (Venly), Sendwyre, and MagicConnect. CryptoCrewz respects its client’s right to privacy and is committed to safeguarding the privacy of our clients, Website visitors, and its Platform Users. However, in the case of creating and connecting a Digital Wallet, our Platform Users may need to accept separate terms & conditions (including privacy policies) of a third-party service provider at their own risk and consent. CryptoCrewz doesn’t control third-party terms, conditions, privacy, and cookie policies.

We adhere to the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988(Cth) (“Privacy Act”), California Consumer Privacy Act (“CCPA”), Children’s Online Privacy Protection Act (“COPPA”), General Data Protection Regulation (“GDPR”) and the post-Brexit privacy law publicly known as the UK GDPR. We have prepared this Privacy Policy to explain to you how we collect and handle your Personal Data (as defined below) when you use our website, product, services, or mobile applications (collectively, “Services”).

Irrespective of which country you live in, you authorise us to transfer, store, and use your information publicly on our Platform in Australia, the United States, European Union, the U.K., and the other country where we operate subject to applicable law;

ABOUT PRIVACY POLICY
USER TYPES
WHAT TYPE OF PERSONAL INFORMATION DO WE COLLECT FROM YOU
HOW THE PERSONAL INFORMATION IS COLLECTED BY US
USING OUR WEBSITE AND COOKIES:
WHY WE COLLECT YOUR PERSONAL INFORMATION
HOW SHALL WE DISCLOSE YOUR PERSONAL INFORMATION
HOW SHALL WE PROTECT YOUR PERSONAL INFORMATION
HOW PERSONAL INFORMATION IS USED FOR COMMUNICATING WITH YOU AND DIRECT MARKETING
EU CITIZENS’ PRIVACY RIGHTS
CALIFORNIA PRIVACY RIGHTS
SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT(COPPA)
USERS OUTSIDE AUSTRALIA, U.S., EU, AND UK
CHANGES TO PRIVACY POLICY
HOW TO MAKE AN ENQUIRY, ACCESS OR CORRECT THE PERSONAL INFORMATION
RETENTION OF PERSONAL INFORMATION OR PERSONAL DATA
HOW TO FILE A COMPLAINT

CONTACT US

1. ABOUT PRIVACY POLICY:

1.1 The privacy of your Personal Information/Data is vital to us. We respect your rights to privacy under the Australian Privacy Act and other relevant applicable privacy laws, including without limitation, General Data Protection Regulation (GDPR), the post-Brexit privacy law publicly known as the UK GDPR, California Consumer Privacy Act (CCPA), and Children’s Online Privacy Protection Rule (COPPA). We are committed to comply with the requirements of Privacy Laws within the collection and handling of your Personal Information.

1.2 This Privacy policy explains how we collect, retain, process, share, transfer, and handle your Personal Information and describes the sorts of Personal Information we collect, use, disclose, and our purposes for doing so.

1.3 “Personal Information” is information that can be used to reasonably identify you either directly or through your profile while connecting to a Digital Wallet through third-party which includes but is not limited to Metamask, Coinbase Wallet, Google (Venly), Twitter (Venly), Facebook (Venly), Sendwyre, and MagicConnect. For example, your name, address, date of birth, gender, email address, and phone number are generally considered to be Personal Information. Personal Information can also include information we collect about your individual preferences.

1.4 The Content you share on our Platform may contain Personal Information, sensitive information, or a mixture of them.

1.5 This Privacy policy applies to your Personal Information once you use our Platform and the Services but does not apply to Third-Party Sites. We aren't responsible for the privacy policies or content of Third-Party Sites.

1.6 For the avoidance of doubt, unless stated otherwise, this Privacy policy will govern our collection of your Personal Information.

1.7 This Privacy policy would be reviewed and updated from time to time. The current Privacy Policy with “last update” shall be published on our Platform. We encourage you to check our Platform periodically to make sure that you are aware of our current policy.

1.8 Your continued usage of our Platform and/or Services is going to be taken to indicate your acceptance of the terms of this Privacy policy insofar as it relates to our Platform.

2. USER TYPES:

2.1. Website Visitors;

You are a Website Visitor when you visit and interact with our website, webpages, blogs, and respective content by visiting our domain on CryptoCrewz.com.

2.2. Subscribers;

You are a Subscriber when you visit our website and subscribe to our newsletter.

2.3. Purchasers;

You are a Purchaser if you purchase one of our products or services on our website.

2.4 Participation in Pre-Registration;

You participate in Pre-Registration to join us in the Metaverse.

WHAT TYPE OF PERSONAL INFORMATION DO WE COLLECT FROM YOU:

Category of Personal information;

Identity Data (Partly or Fully) which includes Full name, Username, Date of birth, Gender, Biometric information, National identity card, Passport, driving licence, or other types of identification documents.

Contact Data (Partly or Fully) which includes Residence details, Billing address, Work address, Email address and telephone number, proof of address.

Financial Data (Not required until we use Third-Party Payment Gateways) which includes Bank account, Payment card details, Virtual currency accounts, Stored value accounts, Amounts associated with accounts, and Source of funds.

Transactional data (If required) which includes details about payments to and from you, other details of any transactions you enter into using the Services or Site or App.

Technical Data which includes Internet connectivity data, Internet protocol (IP) address, Login data, Browser type and version, Device type, category and model, Time zone setting and location data, Language data, Application version, and SDK version, Browser plug-in types and versions, Operating system and Platform, Other

information stored on or available regarding the devices you allow us access to when you visit the Site or use the Services or the App.

Profile Data which includes your username and password, your identification number as our user, information on whether you have a CryptoCrewz.com account and the email associated with your account, requests by you for products or services,

your interests, preferences, and feedback, and other information generated by you when you communicate with us, for example when you send a request to our customer support.

Usage Data includes information about how you use the Website, the Services, mobile applications, and other offerings made available by us.

Marketing and Communications Data includes your preferences in receiving marketing from us or third parties, your communication preferences, and your survey responses.

Certain Personal Information may be of sensitive nature and used only as per the applicable law.

In case you refuse to provide Personal Information which we require as per the applicable law or as per the terms of the contract with you, we shall not be able to perform the contract we have or we are trying to enter into with you, including the ability to offer or provide or continue to provide you Services or other functionality.

4. HOW THE PERSONAL INFORMATION IS COLLECTED BY US:

The types of personal information we collect depend on how you interact with us, our Services, and also the requirements of applicable law. We collect information that you simply provide to us, the information we obtain automatically once you use our Services, and personal information from other sources such as third-party services and organisations, as described below.

Information You Provide to Us Directly:

We may collect the subsequent personal information (KYC) that you provide to us.

Account Creation: We may collect information once you create an account, register/pre-registration with us, or log in, like name, email address, and/or username.

Your Communications with Us: We may collect personal information, like email address, telephone number, or address when you request information about our Services, register for our newsletter, podcasts, or guides, request customer or technical support, or otherwise communicate with us through blogs/comments.

Surveys: We may contact you to participate in surveys. If you opt to participate, you'll be asked to provide certain information which may include personal information with an option to get free gifts.

Interactive Features: We and other Users who use our Services may collect personal information that you may submit or make available through our interactive features which may be introduced by CryptoCrewz from time to time (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social

media pages). Any information you provide using the general public sharing features of the Services (referred to herein as “User Content”) will be considered “public,” unless otherwise required by applicable law, and isn't subject to the privacy protections referenced herein. Please exercise caution before revealing any information which will identify you in the real world to other Users.

Conferences, Trade Shows, and Other Events: We may collect personal information from individuals once you attend conferences, trade shows, and other events organised by CryptoCrewz from time to time.

Business Development and Strategic Partnerships: We may collect personal information from individuals and third parties to assess and pursue potential business opportunities announced by CryptoCrewz from time to time.

Information Collected Automatically: We may collect personal information automatically once you use our Services:

Automatic Data Collection: We may collect certain information automatically once you use our Services, like your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising, and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We can also automatically collect information regarding your use of our Services, like pages that you visit before, during, and after using our Services, information about the links you click, the kinds of content you interact with, the frequency and duration of your activities, and other information about how you employ our Services.

Cookies, Pixel Tags/Web Beacons, and Other Technologies: Third parties that provide content, advertising, or other functionality on our NFTs, Products & Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Products and Services including NFTs. The utilisation of such Technologies is subject to your consent. A pixel tag (also referred to as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The utilisation of a pixel tag allows us to record, for instance, that a user has visited a specific web page or clicked on a particular advertisement. We can also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Information Collected from Other Sources: We may obtain information about you from other sources, including through third-party services and organisations. For instance, if you access our Services through a third-party application, like an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you simply have made available via your privacy settings.

5. USING OUR WEBSITE AND COOKIES:

We may collect Personal Information about you once you use and access our Platform and Sites. While we don't use browsing information to identify you personally, we may collect anonymous Usage Information by utilising cookies, pixel tags, and other tracking technologies (collectively “Cookies”). Cookies are small packets of knowledge that are downloaded onto your device when you access a website. Cookies hold specific information that helps an internet site ‘remember’ your actions and preferences over time. These are the kinds of Cookies that we may use to operate the Sites:

Strictly Necessary Cookies – These cookies are essential to make sure that the Sites work correctly, and record information that permits you to move around the Sites and navigate their features;
Performance Cookies – These cookies collect information about how you employ the Sites, like how often you access the Sites and if you encounter any errors;
Functionality Cookies – These cookies allow the Sites to recollect the choices you make to provide a more personalised experience;

Targeting/Advertising Cookies – These Cookies deliver targeted advertising to you supporting your interests and use of the Sites.

We can also use cookies to enable us to collect data that may include Personal Information. For instance, where a cookie is linked to your account, it'll be considered Personal Information under the Privacy Act. We'll handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy. We can also use tracking technology to collect information relating to usage patterns, preferences, location, and other data, including Google Analytics and other analytics software (e.g., Appfigures). Cookies can stay on your device temporarily (“Session Cookies”) or until you manually delete them (“Persistent Cookies”). You'll adjust your browser settings at any time to block cookies, however, please note that doing so may limit our ability to supply the Services to you in a fully operational form.

6. WHY WE COLLECT YOUR PERSONAL INFORMATION:

6.1 Once you engage on our Platform or use our Services, we may collect Personal Information in order to enable us to provide you with products and services or for necessary compliance of KYC policy mandatory under Global AML/CTF along with prevailing privacy acts, mentioned above. We only collect Personal Information if it's reasonably necessary as per law.

6.2 You may choose to:

(a) provide a biography or link your social media profiles and digital wallets (owned and managed by third parties) to your account and publicly accessible profiles in

reference to some Services which comprise Personal Information depending on their identifying nature; and

(b) create your own usernames, which may constitute Personal Information counting on the identifying nature of the username. Usernames and real names could also be listed publicly as part of our Services. The social media profiles if added by you shall be publicly visible and we shall have no control over the same.

6.3 The needs for which we collect and hold your Personal Information include:

(i) to deliver our Products and Services to you after verifying your minimum personal information requirements like name, address, email id, or detailed KYC (If required under law);

(ii) to verify your identity through an email or phone;

(iii) to enhance our products and services to you;

(iv) to manage our relationship with you, evaluate our business performance and build our customer database;

(v) to supply you with information about our products, services, and activities;

(vi) to enable you to participate in any promotion, competition, or survey;

(vii) to reply to your requests and seek your feedback;

(viii) to supply and improve technical support and customer service;

(ix) to conduct research, compare information for accuracy and verification purposes, and compile or analyse statistics relevant to the operations of our business;

(x) to facilitate our internal business operations, including fulfilment of any legal and regulatory requirements and monitoring, analysing, and improving the performance and functionality of our Platform, and investigating breaches of or enforcement of any legal terms applicable to our Platform or Services;

(xi) to guard our Platform or our legal rights including creating backups of our business records;

(xii) to manage risk and protect our Platform from fraud by verifying your identity and helping to detect and stop fraudulent use of our Platform;

(xiii) for marketing and promotional purposes; and

(xiv) to manage our business, including analysing data collected from our Platform concerning visits and activities of Users on our Platform including the Analytics Services. This analysis helps us run our Platform more efficiently and improve and personalise your experience online.

6.4 We may use your contact information, like your email address or phone number, to customise your account or enable certain account features, for instance, for login verification, if you provide us together with your phone number, you agree to receive text messages to that number from us and third-party services which we may utilise.

6.5 We may use your contact information to send you information about the Services; to assist prevent spam, fraud, or abuse; and to assist others to find your account, including through third-party services and client applications. You may use your settings for email and mobile notifications to regulate notifications you receive from us and can unsubscribe from notifications at any time.

6.6 We are bound to keep reports of the certain privacy information of our Platform Users to counter anti-money laundering and combat terrorist financing.

6.7 We are also bound to report your private information if we find any suspicious activity (SARs Report) on our Platform.

7. HOW SHALL WE DISCLOSE YOUR PERSONAL INFORMATION:

7.1 We may disclose Personal Information collected from you:

(a) to our related entities, Personnel, other companies that provide services to us, sponsors, government agencies, or other third parties to satisfy the needs for which the information was collected or for an additional purpose if that other purpose is closely related to the primary purpose of collection and a person would reasonably expect us to disclose the information for that secondary purpose;

(b) to 3rd parties who help us to verify the identity of our clients and customers, and other software service providers who assist us to supply the product and services we provide to you;

(c) to 3rd parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and therefore, the services we provide to you including off-site backups and customer support;

(d) to 3rd parties, including those within the Polygon Blockchain and fintech industry, marketing and advertising sectors, to use your information so as to let you know about goods and services which can be of interest to you in accordance with, if you're located in Australia, the SPAM Act 2003 (Cth) and therefore, the Privacy Act;

(e) if the disclosure is requested by enforcement or government agency or is required by law, or legal processes, like a subpoena, court, or other legal processes with which we are required to comply, including in reference to our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);

(f) if the disclosure is required to enforce the terms of this Privacy policy or to enforce any of our terms and conditions with you;

(g) to our professional advisers like consultants and auditors so that we can meet our regulatory obligations, and administer, support, improve or develop our business;

7.2 Additionally to the above recipients, we'll disclose your Personal Information if we are requested to do so under law or to assist law enforcement or if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for instance, if such disclosure is accompanying IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted Overseas.

7.3 Within the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose the Personal Information of the customer to their advisers without your consent subject to compliance with Privacy Laws. If we sell the business and therefore, the sale is structured as a share sale, you acknowledge that this transaction won't constitute the ‘transfer’ of Personal Information.

7.4 We may disclose de-identified, aggregated data with third parties for marketing, advertising, and analytics purposes. We don't sell or trade your Personal Information to third parties.

8. HOW SHALL WE PROTECT YOUR PERSONAL INFORMATION:

8.1 We'll endeavour to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, including:

(a) securing our physical premises and the digital storage media;

(b) using computer safeguards to ensure that your information is encrypted and sent across the web securely;

(c) placing password protection and access control over our information technology systems and databases to limit access and protect electronic information from unauthorised interference, access, modification, and disclosure; and

(d) taking back-ups of our electronic systems regularly.

8.2 Notwithstanding that we'll take all reasonable steps to keep your Personal Information secure, data transmission over the web is never guaranteed to be completely secure. We don't and cannot warrant the safety of any information you transmit to us or from any online services.

9. HOW PERSONAL INFORMATION IS USED FOR COMMUNICATING WITH YOU AND DIRECT MARKETING:

9.1 We may communicate with you by email, SMS or push notification, to tell you about existing and new products and services which will be of interest to you including administering contests, promotions, surveys, or other site features.

9.2 We'll ensure that any email we send as direct marketing complies with the SPAM Act, 2003 (Cth) and contains an ‘unsubscribe’ option in order that you can

remove yourself from any further marketing communications. To opt-out of communications through SMS, reply with “STOP”. You may decline marketing messages sent by push notifications by refusing the relevant permission in your phone or tablet settings, however, this setting will prevent you from receiving other messages from us via push notification. You'll also opt out of receiving marketing materials from us using the contact details given below or adjusting your user dashboard on our Platform.

9.3 You can also call or write to us at admin@CryptoCrewz.com to request that your details be removed from our direct marketing list. We'll endeavour to remove your details from our direct marketing list within a reasonable time (ordinarily 5 Business Days).

9.4 Our marketing list may be operated by software and servers located Overseas and your Personal Information could also be sent Overseas as part of our marketing.

9.5 We'll also send communications that are required or necessary to send to Users of our Platform that contain information about important changes or developments to or the operation of the Platform or also as other communications you request from us. You may not opt-out of receiving certain communications but you may be able to change the media and format through which you receive these notices.

10. EU CITIZENS’ PRIVACY RIGHTS:

10.1 If you're a user in the European Economic Area or the United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”).

These include the right to;

(i) be informed about our collection and use of your personal data. If you wish to seek information about your data collection, please contact us at admin@CryptoCrewz.com

(ii) access your personal data which we hold about you.

(iii) have your personal data rectified in case you feel that the personal data collected by us is inaccurate or incomplete.

(iv) request for erasure or deletion of any of your personal data which we have.

(v) object to or restrict the processing of your personal data.

(vi) object to us for using your personal data for a particular purpose.

(vii) portability of your personal data.

(viii) withdraw your consent at any time.

10.2 No fee is normally required:

You will not have to pay any fee to access your personal data or to exercise any other rights. However, if your request is excessive or unfounded, either we may charge a reasonable fee or refuse to comply with your request depending upon the circumstances.

10.3 Time Period to reply to the legitimate request:

As per GDPR Act, the statutory period to reply to a legitimate request is one month which may be extended by a further two months depending upon the complexity and number of the requests received from an individual.

For further information about your rights, you may contact the Information Commissioner’s Office or your local data protection authority in the European Economic Area (EEA). In case you have any complaint about our use of your personal data, you have the right to file a complaint with the Information Commissioner’s Office.

11. CALIFORNIA PRIVACY RIGHTS:

11.1 California “Shine the Light” law - California Civil Code Section 1798.83, also referred to as California’s “Shine the Light” law, permits residents of California to request certain details about Personal Information we may confide in third parties for direct marketing purposes. If you're a California resident and would like to request this information, please contact us at admin@CryptoCrewz.com

11.2 California Consumer Privacy Act. - California residents have certain rights as are enshrined in the California Consumer Privacy Act of 2018.

Rights of the California Residents:

California residents may request us to disclose to you what personal information we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. Specifically, you may request us to disclose the following for the period covering 12 months preceding the request of the user:

The categories of personal information collected by us.
Specific pieces of personal information collected by us.
The categories of sources from which the business collected personal information about the user.
The purpose for which we use the personal information of the user.
The categories of third parties with whom we shared the personal information of the user.
The categories of information that we sell or disclose to the third party.

Right to Opt-Out of Sale:

California residents may request us to stop selling their personal information (“opt-out”). With some exceptions, we shall not sell the personal information after receiving you opt-out request unless you later provide authorization allowing us to do so again.

For DO NOT SELL MY PERSONAL INFORMATION Users are requested to send us an email at admin@CryptoCrewz.com with a request for confirmation of receipt of the email.

Request To Delete Personal Information:

California Customers can request us for deletion of their personal information which is available with us subject to certain exceptions.

Non-Discrimination:

We shall not deny any services, charge a different price, or provide a different level of services just because the user exercised the rights under the CCPA.

However, if you refuse to provide us with your personal information or ask to delete or stop selling your personal information, we may not be able to complete the transaction as the information is necessary for providing the services.

If the user asks us to delete or stop selling the personal information, the user may not be able to continue participating in the special deals which we may offer.

Requests:

All requests should be sent to us via email at admin@CryptoCrewz.com with a request for confirmation of receipt of the email.

Time Frame:

The time frame for responding to requests shall be 45 days from the date of receiving requests which shall be exclusive of the first and last day. If the end day falls on a weekend, then the time shall be extended to the next working day. CryptoCrewz shall have a right to extend the time frame for a further period of 45 days if required.

NOTE: If you would like to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us at admin@CryptoCrewz.com with a request for confirmation of receipt of the email, specify your request, and reference the applicable law. We may ask you to verify your identity or invite more information about your request. We’ll consider and act upon any above request in accordance with applicable law. We'll not discriminate against you for exercising any of those rights.

Notwithstanding the above, we cannot edit or delete any information that's stored about NFTs held at that address.

12. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS:

If you're a resident of Nevada, you've got the right to opt-out of the sale of certain Personal Information to third parties who intend to licence or sell that Personal Information. You'll exercise this right by contacting us at admin@CryptoCrewz.com with a request for confirmation of receipt of the email and with the topic line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we don't currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you've got any questions, please contact us as set forth below.

13. THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA):

The COPPA Act protects the privacy of children who are under the age of 13 years. CryptoCrewz respects the privacy of children and is committed to complying with the COPPA Act. CryptoCrewz does not collect any information from children who are under the age of 13 years. The parents or legal guardians are advised to contact us at admin@CryptoCrewz.com with a request for confirmation of receipt of the email if at any point it comes to their knowledge that their child who is under the age of 13 years has provided any kind of personal information to us. If we become aware that we have collected personal information from the child without parental consent, then we will delete the information at the earliest.

14. USERS OUTSIDE AUSTRALIA, U.S., EU, AND UK:

If you are a User of our Services from outside Australia, the US, the UK, and the European Union, by visiting the Service and providing us with data, you acknowledge and agree that your Personal Data could also be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data could also be processed in the country in which it was collected and in other countries, where laws regarding the processing of Private Data may be less stringent than the laws in your country. By providing your Personal Data, you consent to such transfer.

15. CHANGES TO PRIVACY POLICY:

15.1 We may amend this Privacy policy from time to time at our sole discretion, particularly where we'd like to take into account and cater to any:

(a) business developments; or

(b) legal or regulatory developments.

15.2 If we make changes, we'll notify you by revising the date at the top of the Privacy policy and, in some cases, may provide you with additional notice (such as adding a statement to the Platform or sending you a notification). We recommend you review the Privacy Policy whenever you access the Services or otherwise interact with us to remain informed about our information practices and therefore, the ways you can help us to protect your privacy.

16. HOW TO MAKE AN ENQUIRY, ACCESS OR CORRECT THE PERSONAL INFORMATION:

16.1 If you've got any queries in relation to this policy, wish to access or get the personal information corrected we hold about you, or make a complaint, please contact us at admin@CryptoCrewz.com with a request for confirmation of receipt of the email.

16.2 We aim to acknowledge receipt of all privacy complaints from you within 5 working days and resolve all complaints within 30 Business Days. Where we cannot resolve a complaint within that period, we'll notify you of the reason for the delay as well as advise the time by which we expect to resolve the complaint.

16.3 So as to disclose information to you in response to a request for access we may require you to provide us with certain information to verify your identity. There are exceptions under Privacy Laws which can affect your right to access your Personal Information – these exceptions include;

(a) access would pose a significant threat to the life, health, or safety of any individual;

(b) access would have an unreasonable impact on the privacy of others;

(d) the knowledge relates to existing or anticipated legal proceedings between you and us and therefore the information would not otherwise be accessible by the process of discovery;

(e) giving access would reveal our intentions in reference to negotiations with you;

(f) giving access would be unlawful;

(g) denying access is required or authorised by or under an Australian law or a court/tribunal;

(h) the knowledge relates to the commercially sensitive decision-making process; or

(i) giving access would prejudice enforcement-related action.

16.4 We may (depending on the request) charge you a fee to access the Personal Information. We will inform you of any fees payable in respect of accessing your Personal Information before acting on your request. All requests for Personal Information will be handled in a reasonable period of your time (within 30 calendar days after the request is made).

16.5 If you would like to have your Personal Information deleted, please contact us at the email Id given above and we will take reasonable steps to delete the information (unless we are obliged to keep it for legal or auditing purposes).

16.6 You'll also view, access, edit or delete (to the extent possible) your Personal Information through your user account on our Platform. There'll be certain data or information that may not be edited or deleted for you to be ready to access our Platform, for instance, your digital wallet address.

17. RETENTION OF PERSONAL INFORMATION OR PERSONAL DATA:

We may preserve your personal information or personal data for some period. The retention period shall depend upon the amount, nature, and sensitivity of the personal data, the potential risk of harm from its unauthorised usage or disclosure of personal data, the purpose for which we process your personal data, and the applicable legal, tax, accounting or other regulatory requirements.

You can request for deletion of your data under certain conditions except where your data is demanded by any enforcement authority due to any suspicious activity of AML/CTF.

18. HOW TO FILE A COMPLAINT:

18.1 In case you believe that there has been a breach of Privacy Laws, we invite you to contact us as soon as possible at admin@CryptoCrewz.com with a request for confirmation of receipt of the email.

18.2 If you're not satisfied with our handling of a complaint or the outcome of a complaint you may make an application to:

(a) the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, emailing enquiries@oaic.gov.au; or writing to GPO Box 5218 Sydney NSW 2001; or

(b) the Privacy Commissioner in your State, Territory, or Country.

CONTACT US:

In case you have any questions or queries about this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at admin@CryptoCrewz.com with a request for confirmation of receipt of the email.

Updated on 4th July 2022