Terms and Conditions

Redbelly is a public purpose-built real-world asset tokenisation platform. Redbelly uses its own blockchain platform, called Redbelly Network, a Layer 1 blockchain that is EVM (Ethereum Virtual Machine) compatible. This means that developers can use Solidity and other Ethereum focused tools to build on the Redbelly Network.

The Redbelly Network services may be accessed via the Redbelly Network website (the “Site”). The Redbelly Network smart contracts, the Redbelly Network blockchain, and Site are collectively referred to in these Terms as the “Platform”. Our Platform enables users to access the Redbelly Network.

Redbelly Network Pty Ltd, a private company registered in Australia (ACN 640 415 069) (hereinafter referred to as "Redbelly", “Redbelly Network”, or "we"), is the entity responsible for the development and operation of the Redbelly Network Platform and related blockchain technology solutions. Before accessing or using the Redbelly Network Platform, including the Site, or smart contracts, you must agree to the terms and conditions outlined in this document and any additional terms incorporated herein by reference (collectively referred to as "Terms and Conditions of Use").

Please read these terms and conditions carefully before using the Redbelly Network Platform, including any associated applications, smart contracts, or websites. These terms govern your use of the Platform, unless we have executed a separate written agreement with you for that purpose. We are only willing to make the Platform available to you if you accept all of these terms. By using the Platform, or any part of it, or by clicking “Enable Access” at https://access.devnet.redbelly.network, https://access.testnet.redbelly.network or https://access.redbelly.network or indicating your acceptance in an adjoining box, you acknowledge, covenant, and agree that you understand and agree to be bound by all of these terms and conditions.

If you are accepting these terms on behalf of a company or other legal entity, you warrant, covenant, and agree that you have the legal authority to accept these terms on that entity’s behalf, in which case “you” will mean that entity. If you do not have such authority, or if you do not accept all of these terms and conditions, then we are unwilling to make the Platform available to you. If you do not agree to these terms, you may not access or use the Platform.

Upon acceptance of these terms and conditions, you further warrant, covenant, and agree that you are able to access the Platform legally and in accordance with your local laws and regulations. We do not make any warranties or representations as to the compliance of the usage of our Platform and services with local laws and regulations. Upon acceptance of these terms and conditions, you hereby and irrevocably release Redbelly Network, its directors, shareholders, employees, team members, and contractors from any and all present and future liability and claims in relation to any loss, penalties, fines, taxation assessments, and proceedings arising from the usage of our Platform and services.

1. The platform

To use the Platform most easily, you may first install a web browser (such as the Google Chrome web browser) and an electronic wallet compatible with the Redbelly Network, such as the MetaMask electronic wallet. MetaMask and other electronic wallets allow you to purchase (either directly, or via other third-party sites), store, and engage in transactions using cryptocurrencies. You will not be able to engage in any transactions on the Platform other than through MetaMask, or other Redbelly Network-compatible browsers and wallets as confirmed on our website and ocial social media platforms.
We neither own nor control MetaMask, any centralised or decentralised exchanges or NFT marketplaces, Google Chrome, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. You acknowledge, covenant, and agree that we will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suer as a result of your transactions or any other interaction with any such third parties.
You must connect your wallet in order to interact with and use the Platform. By connecting your wallet, you warrant, covenant, and agree that you are responsible for the security of your account and your MetaMask wallet (and other Redbelly Network wallets and accounts). Redbelly Network will never intentionally gain access to or store any private wallet keys. If you become aware of any unauthorised use of your wallet through our Platform or Site, you agree to notify us immediately at info@redbelly.network.

2. Asset ownership, and restrictions

Definitions

For the purposes of this Clause 2 and these Terms and Conditions, the following capitalised terms will have the following meanings:
"Derivative Works" defines what constitutes derivative works of the Redbelly Network and specifies any restrictions or permissions regarding the creation of derivative works by users.
"Feedback" defines what constitutes feedback and clarifies the rights and permissions granted to Redbelly regarding the use of feedback provided by users.
"Intellectual Property" encompasses copyrights, trademarks, patents, trade secrets, and any other proprietary rights associated with the Redbelly Network.
"License" defines the scope of the license granted to users, specifying the permissions and restrictions on the use of the Redbelly Network.
"Ownership" clarifies that Redbelly retains ownership of the Redbelly Network, including all intellectual property rights, and specifies what rights users have regarding the use of the network.
"Redbelly Network" refers to the digital platform, including its associated software, protocols, and services, provided by Redbelly Network Pty Ltd.
"Restrictions" detail the limitations and prohibitions on users' actions regarding the use of the Redbelly Network, including prohibitions on modifying the software, reverse engineering, sublicensing, and other restricted activities.
"Source Code" defines the source code of the Redbelly Network and specifies any conditions or restrictions on accessing or using it, if applicable. “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Redbelly regarding the use of the Service.
“Token” means the Redbelly Token or any other token available for trade on the Redbelly Network blockchain or platform.
“Website” refers to any website accessible from the domain redbelly.network including but not limited to: https://www.redbelly.network, https://vine.redbelly.network, https://access.devnet.redbelly.network, https://access.redbelly.network and https://access.redbelly.network.
Ownership
1. Ownership of tokenised assets on the Redbelly Network Platform: When you tokenise assets on the Redbelly Network blockchain, you retain ownership of those assets. Redbelly facilitates the tokenisation process, allowing you to represent real-world assets as digital tokens on the Redbelly blockchain. This means that you have the right to trade, sell, or transfer your tokenised assets, subject to any applicable regulations and the terms and conditions of use of the Redbelly Network Platform.
2. Rights and Restrictions: In the event of a breach of these Terms and Conditions, Redbelly may, with or without prior notice, restrict, suspend, or terminate your access to the Redbelly Network Platform and related services. Such actions shall not aect your ownership rights to the tokenised assets on the Redbelly Network Platform or usage of the Redbelly Network blockchain beyond our control due to the decentralised nature of the Redbelly Network blockchain technology.
3. Ownership of Redbelly Network Platform: You acknowledge and agree that Redbelly owns all legal rights, title, and interest in and to the Redbelly Network Platform, including its underlying technology, protocols, and software. This includes but is not limited to any intellectual property rights associated with the Platform. The Platform is protected by copyright, trade dress, patent, and trademark laws, as well as other relevant intellectual property and proprietary rights.
4. Use of Redbelly Materials: All materials provided by Redbelly, including but not limited to software, documentation, and any other content made available through the platform (collectively referred to as "Redbelly Materials"), are the copyrighted property of Redbelly or its licensors. Except as expressly permitted under these Terms and Conditions, you do not have the right to reproduce, distribute, or otherwise use any Redbelly Materials without prior written consent from Redbelly.
5. Limitations: Your use of the Redbelly Network Platform does not grant you ownership of or any other rights with respect to the Redbelly Materials, except as expressly stated herein. You are prohibited from reproducing, distributing, or commercialising any elements of the Redbelly Materials without prior written consent from Redbelly. Additionally, you are not permitted to use any Redbelly trademarks, service marks, or code without prior written consent.
6. Termination of Access: Redbelly reserves the right to restrict, suspend, or terminate your access to the Redbelly Network Platform and related services in accordance with the terms outlined in these Terms and Conditions. You acknowledge, covenant, and agree that:
  1. Your ownership of a tokenised assets on the Redbelly Network blockchain, or ownership of any Redbelly tokens does not grant you any rights or licenses in or to the Redbelly Materials other than those expressly granted in these Terms and Conditions;
  2. You do not have the right, except as otherwise specified herein, to reproduce, distribute, or commercialise any elements of the Redbelly Materials without prior written consent from Redbelly;
  3. You will not apply for, register, or use any Redbelly trademarks or confusingly similar marks without prior written consent from Redbelly;
  4. You will not copy or use any code or part of the Redbelly Protocol without prior written consent from Redbelly; and
  5. Redbelly reserves the right to restrict, suspend, or terminate your access to the Redbelly Network and related services in accordance with the terms outlined herein.
Restrictions

The following restrictions apply and must not attempt to do any of the foregoing without Redbelly’s express prior written consent in each case:
1. Prohibition on Unauthorised Use: Users shall not engage in any unauthorised use of the Redbelly Network Platform, including but not limited to attempting to gain unauthorised access to the platform or its systems, or interfering with the proper functioning of the platform.
2. Compliance with Laws and Regulations: Users must comply with all applicable laws, regulations, and industry standards when using the Platform, including those related to financial services, data privacy, and securities regulations.
3. Prohibition on Illegal Activities: Users are prohibited from using the Platform for any illegal activities, including but not limited to money laundering, fraud, or facilitating illegal transactions.
4. No Reverse Engineering: Users shall not reverse engineer, decompile, or disassemble any part of the Platform, including its underlying technology, protocols, or software.
5. Non-Interference: Users shall not engage in any activity that disrupts or interferes with the operation of the Platform, including but not limited to introducing viruses, malware, or other harmful code.
6. No Unauthorised Modifications: Users shall not modify, adapt, or create derivative works based on the Platform or any of its components without prior written consent from Redbelly.
7. Compliance with Platform Policies: Users must adhere to any additional policies or guidelines provided by Redbelly governing the use of its Platform, including but not limited to acceptable use policies and community guidelines.
8. Prohibition on Commercial Exploitation: Users are prohibited from commercialising or monetising any aspect of the Platform, including its materials, content, or services, without prior written authorisation from Redbelly.
9. No False Representations: Users shall not make false or misleading representations about their identity, aliation with Redbelly, or the nature of their activities on the Platform.
10. Protection of Intellectual Property: Users must respect the intellectual property rights of Redbelly and third parties when using the Platform, including refraining from infringing on copyrights, trademarks, or other proprietary rights.
Feedback

You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third-parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide licence under all rights necessary for us to incorporate and use your Feedback for any purpose.
Your obligations

You acknowledge, covenant, and agree that you are responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You further acknowledge, covenant, and agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third-party to:
1. send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
2. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
3. impersonate another person (via the use of an email or wallet address or otherwise);
4. upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party;
5. use the Platform to violate the legal rights (such as rights of privacy and publicity) of others;
6. engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
7. interfere with other users' enjoyment of the Platform;
8. exploit the Platform for any unauthorised commercial purpose;
9. modify, adapt, translate, or reverse engineer any portion of the Platform;
10. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
11. reformat or frame any portion of the Platform;
12. display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
13. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorised purpose;
14. create user accounts by automated means or under false or fraudulent pretences; or
15. access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your access to the Platform and our software suite.

3. Fees and payment

Any financial transactions that you engage in will be conducted solely through the Redbelly Network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, you covenant and agree that we will have no liability to you or to any third-party for any claims or damages that may arise as a result of any transactions that you engage in via the Platform or any other transactions that you conduct via the Redbelly Network.
The Redbelly Network Platform require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Redbelly Network. The Gas Fee funds the network of computers that run the decentralised Redbelly Network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Platform.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Platform (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, sale, or disposal of any of your transactions. Except for income taxes levied on Redbelly, you covenant and agree that you:
1. will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter maybe imposed under the authority of any national, state, local or any other tax jurisdiction; and
2. shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms and Conditions.

4. Termination

You may terminate these Terms at any time by discontinuing your access to and use of the Platform. You will not receive any refunds or otherwise terminate these Terms and Conditions. You covenant and agree that we, in our sole discretion and for any or no reason, may terminate these Terms and Conditions and suspend and/or terminate your access to the Platform.

You covenant and agree that any suspension or termination of your access to the platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms and Conditions or suspend or terminate your access to or use of the Platform due to your breach of these Terms and Conditions or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms and Conditions will be in addition to any other remedies we may have at law or in equity.

Upon any termination or expiration of these Terms and Conditions, whether by you or us, you may no longer have access to information that you have obtained on the Platform, and you acknowledge, covenant and agree that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

Sections 1.3 and 3 through 16 will survive the termination or expiration of these Terms and Conditions for any reason.

5. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE, COVENANT, AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1. YOUR ACCESS TO OR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS;
2. YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
3. USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE;
4. THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
5. THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND ACKNOWLEDGE, COVENANT AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF OTHER BLOCKCHAIN NETWORKS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
1. USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;
2. SERVER FAILURE OR DATA LOSS;
3. CORRUPTED WALLET FILES; OR
4. UNAUTHORISED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM.
ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN REDBELLY’S PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
REDBELLY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE PLATFORM INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE REDBELLY NETWORKS INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
REDBELLY DOES NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR PRODUCTS. REDBELLY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS ARE NOT FINANCIAL ADVISORS. YOU SHOULD CONSIDER SEEKING INDEPENDENT LEGAL, FINANCIAL, AND/OR TAXATION OR OTHER ADVICE IN RELATION TO YOUR AFFAIRS. ALWAYS DO YOUR OWN RESEARCH. YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT OUR PLATFORM, SOFTWARE SUITE AND TOOLS ARE NOT FINANCIAL PRODUCTS. OUR PLATFORM, SOFTWARE SUITE AND TOOLS ENABLE USERS TO SECURE, SCALABLE TRANSACTIONS AND COMPLIANT ASSET TOKENISATION, ENABLING USERS TO POTENTIALLY TRADE REAL-WORLD ASSET TOKENS WITH FUNDS PROVIDED DIRECTLY BY THE USER (YOU). YOU FURTHER ACKNOWLEDGE COVENANT AND AGREE THAT REDBELLY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS HAVE NOT MADE ANY REPRESENTATIONS IN RELATION TO THE FOLLOWING:
1. THAT REDBELLY NETWORK OR THE USE OF OUR PLATFORM, SOFTWARE SUITE AND TOOLS ARE INVESTMENT OR FINANCIAL SERVICES OR PRODUCTS;
2. THAT REDBELLY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS HAVE THE EXPERTISE OR ABILITY TO GROW THE VALUE OF THE REDBELLY NETWORK.
WHILE CARE AND DILIGENCE HAVE BEEN USED TO MAINTAIN THE INFORMATION ON THE REDBELLY WEBSITE AND PLATFORM, IT MAY NOT BE ACCURATE, CURRENT OR COMPLETE IN ALL RESPECTS AND, CONSEQUENTLY, REDBELLY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION. REDBELLY IS NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS SUFFERED IN CONNECTION WITH THE USE OF THE PLATFORM AND WEBSITE OR ANY OF ITS CONTENT. REDBELLY EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THE USE OF THE PLATFORM AND WEBSITE, ITS CONTENT OR THE INFORMATION ON IT, INCLUDING LINKS TO OTHER WEBSITES. WHERE LIABILITY CANNOT BE EXCLUDED, ANY LIABILITY INCURRED BY US IN RELATION TO THE USE OF THE PLATFORM AND WEBSITE OR ITS CONTENT, IS LIMITED TO THE EXTENT PROVIDED FOR BY THE LOCAL CONSUMER LAWS. TO THE EXTENT PERMITTED BY LAW, REDBELLY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL LOSS.
REDBELLY DOES NOT ENDORSE ANY CRYPTOCURRENCY OR NFT PROJECTS. ANY REFERENCE TO CRYPTOCURRENCY OR NFT PROJECTS AND PARTNERSHIPS ON OUR WEBSITE DOES NOT CONSTITUTE AN EXPRESS, OR IMPLIED ENDORSEMENT BY REDBELLY. REDBELLY IS NOT LIABLE FOR ANY LOSS CAUSED, WHETHER DUE TO NEGLIGENCE OR OTHERWISE ARISING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PROVIDED DIRECTLY OR INDIRECTLY, BY USE OF THIS WEBSITE AND APP. THE LINKED SITES INCLUDED IN THIS WEBSITE ARE NOT UNDER THE CONTROL OF REDBELLY AND REDBELLY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR CHANGES OR UPDATES TO SUCH SITES. THE INCLUDED LINKS DO NOT EXPRESSLY OR IMPLICITLY SUGGEST AN ENDORSEMENT BY REDBELLY OF THE SITE OR A RELATIONSHIP WITH THE ORGANISATIONS TO WHICH LINKS ARE PROVIDED.

6. Limitation of liability

YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER COVENANT AND AGREE THAT YOU RELEASE REDBELLY, OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS FROM ANY LIABILITY, DAMAGES, CLAIM, OR LOSSES THAT MAY ARISE IN ACCORDANCE WITH THIS CLAUSE 7.1.
YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM
OUR SOFTWARE SUITE AND TOOLS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF:
1. THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE; OR
2. $100.
YOU ACKNOWLEDGE, COVENANT, AND AGREE THAT WE HAVE MADE THE PLATFORM, OUR SOFTWARE SUITE AND TOOLS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. YOU FURTHER ACKNOWLEDGE, COVENANT, AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
YOU HEREBY ACKNOWLEDGE, COVENANT, AND AGREE THAT YOU RELEASE IN PERPETUITY REDBELLY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, AND LIABILITY THAT MAY ARISE FROM THE USE OF OUR PLATFORM, OUR WEBSITE, AND OUR SOFTWARE SUITE AND TOOLS APART AS IT IS SET OUT IN THESE TERMS AND CONDITIONS OF USE.

7. Assumption of risk

You acknowledge, covenant, and agree as follows:

By using the Redbelly Network, you acknowledge and understand that using blockchain technology and digital assets involves inherent risks. These risks include, but are not limited to:

Market Volatility: The value of digital assets can fluctuate significantly, and you could lose some or all of your investment.
Technical Risks: The Network may be subject to technical disruptions, outages, or errors.
Security Risks: Digital assets may be vulnerable to hacking, theft, or loss.
Regulatory Uncertainty: The regulatory landscape surrounding blockchain technology and digital assets is still evolving.

You agree that you are solely responsible for your use of the Network and for any decisions you make regarding your digital assets. Redbelly is not responsible for any losses or damages you may incur as a result of using the Network.

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely aect the value of your Token, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of the Tokens will not lose money.
You are solely responsible for determining what, if any, taxes apply to your Token transactions. Redbelly is not responsible for determining the taxes that apply to your transactions on the Redbelly Network blockchain or Platform.
There are risks associated with using an Internet-based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that Redbelly will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Redbelly Network, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Redbelly ecosystem, and therefore the potential utility or value of digital assets.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Redbelly ecosystem, and therefore the potential utility or value of tokens on the Redbelly Network blockchain.
Evolving regulations around blockchain technology can pose challenges for Redbelly, from compliance costs to restricted functionalities. Staying informed, prioritising compliance, and advocating for clear rules can help them mitigate these risks.
Upgrades by Redbelly to its Network, a hard fork in the Network, or a change in how transactions are confirmed on the Platform may have unintended, adverse eects on all Redbelly’s blockchain, including the Redbelly ecosystem.

8. Indemnification

You covenant and agree to indemnify and hold harmless and indemnified Redbelly and its subsidiaries, affiliates, directors, shareholders officers, agents, employees, team members, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and legal fees arising out of or in any way related to:

your breach of these Terms,
your misuse of the Platform, or
your violation of applicable laws, rules, or regulations in connection with your access to or use of the Platform.

You agree that Redbelly will have control of the defence or settlement of any such claims.

9. External sites

The Platform may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge, covenant, and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge, covenant, and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites. This Clause 9.1 operates in accordance with the disclaimer set out in Clause 5.9 above.

10. Amendments or changes to these terms and conditions of use

We may make changes to these Terms and Conditions from time to time. When we make changes, we will make the updated Terms and Conditions of Use available on the Platform and update the “Last Updated” date at the beginning of these Terms and Conditions accordingly. Please check these Terms and Conditions periodically for changes. Any changes to the Terms and Conditions will apply on the date that they are made, and your continued access to or use of the Platform after the Terms and Conditions have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms and Conditions, you may not access or use the Platform.

11. Changes to the platform

We are constantly working on and innovating the Platform to help provide the best possible experience and services. You acknowledge, covenant, and agree that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Platform at any time without notice.

12. Children and minors

You arm that you are over the age of 18 years, as the Platform is not intended for minors under the age of 18. IF YOU ARE 18 OR OLDER BUT THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IS OLDER THAN 18 YEARS, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE.YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A MINOR OVER 18 YEARS, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT MINOR'S USE OF THE REDBELLY NETWORK PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

13. Privacy policy

By agreement to these Terms and Conditions of Use, you also agree to our Privacy Policy that can be found at the following link: https://www.redbelly.network/privacy-policy.
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms and Conditions. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
We collect and hold your personal and contact details, such as your IP address, your wallet address, metadata, cookies in order to monitor and improve the usage of the Platform and our website.
We do not use your personal information or disclose it to another organisation unless required or authorised by law or court or tribunal, or you have provided your consent, or the assets and operations of our business are transferred to another party as a going concern, or it is necessary to obtain third party services.
We take reasonable precautions to protect the personal information we hold from misuse, loss, unauthorised access, modification, or disclosure.
We collect personal information through software such as cookies.
This Privacy Policy does not apply to linked websites.

14. Dispute resolution and arbitration

Please read this Clause 14 carefully. It requires you to arbitrate disputes with Redbelly and limits the manner in which you can seek relief from us.

All disputes arising out of or in connection with these Terms and Conditions, including without limitation your access or use of the Platform, the software suite and tools, the Site, or to any products provided, sold or distributed through the Platform, or the Site, will be referred to and finally resolved by arbitration under the rules of the UKJT Digital Dispute Resolution Rules. The appointing authority of the arbitrator will be an organisation operating under the said dispute resolution rules. You acknowledge, covenant, and agree that Redbelly is solely entitled to nominate and refer the matter for arbitration to an arbitration organisation of Redbelly's choice, subject to the said organisation adjudicating the matter in accordance with the said dispute resolution rules. The case will be adjudicated by a single arbitrator and will be administered by the appointing authority nominated by Redbelly in accordance with its applicable rules.
Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot aord to pay the fees and costs reasonably associated with the arbitration proceedings, Redbelly may elect at its sole discretion to pay them for you. The place of arbitration will be chosen by the appointing authority. You may choose to have the arbitration conducted by written submissions only. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Redbelly may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms and Conditions are specifically enforceable by Redbelly through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE PLATFORM, THE SOFTWARE SUITE AND TOOLS, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS PROVIDED, SOLD OR DISTRIBUTED THROUGH THE PLATFORM, THE SOFTWARE AND TOOLS, THE SITE, OR THE SMART CONTRACTS:

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY IN JURISDICTION THAT IT IS APPLICABLE;
AND YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

15. Services not offered in certain jurisdictions

YOU HEREBY ACKNOWLEDGE, COVENANT, AND AGREE THAT WE DO NOT OFFER OUR SERVICES AND DO NOT CARRY ON BUSINESS IN THE FOLLOWING JURISDICTIONS:
1. AFGHANISTAN;
2. CENTRAL AFRICAN REPUBLIC;
3. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA;
4. DEMOCRATIC REPUBLIC OF THE CONGO;
5. GUINEA-BUSSAU;
6. IRAN;
7. IRAQ;
8. LEBANON;
9. LIBYA;
10. MYANMAR;
11. RUSSIA;
12. SOMALIA;
13. SOUTH SUDAN;
14. SUDAN;
15. SYRIA;
16. UKRAINE;
17. YEMEN;
18. and ZIMBABWE
YOU FURTHER ACKNOWLEDGE, COVENANT AND AGREE THAT USERS THAT ARE TAX RESIDENTS OR LOCATED AT THE JURISDICTIONS MENTIONED IN CLAUSE 15.1 ABOVE ARE NOT ALLOWED TO ACCESS OR USE OUR WEBSITE, PLATFORM, AND OUR SOFTWARE SUITE AND TOOLS.
YOU REPRESENT AND WARRANT THAT:
1. YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO THE UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY; AND
2. YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
IN THE EVENT THAT YOU BREACH THIS CLAUSE 15, YOU COVENANT AND AGREE THAT WE MAY SUSPEND OR TERMINATE YOUR ACCESS TO OUR WEBSITE AND/OR PLATFORM, WITHOUT PRIOR NOTICE AND YOU HEREBY IRREVOCABLY RELEASE IN PERPETUITY REDBELLY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, TEAM MEMBERS, CONTRACTORS, AND LICENSORS FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, AND LIABILITY THAT MAY ARISE FROM THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO OUR WEBSITE, REDBELLY NETWORK PLATFORM, AND SOFTWARE SUITE AND TOOLS AS A RESULT OF BREACHING THIS CLAUSE 15.

16. Redbelly Network token disclaimer, warranties, and representations

In respect of the Redbelly Network Token, You warrant and represent that:
1. You understand and accept the risks involved in purchasing, owning, and using cryptographic tokens;
2. neither Redbelly nor any of its employees, ocers or agents has provided You with any advice regarding whether the Redbelly Network Tokens or any other cryptographic tokens are suitable for You;
3. You have sufficient understanding of the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens, as well as blockchain-based software systems generally;
4. Redbelly has not provided advice on the regulation of cryptographic tokens or the Redbelly Network Token or the local regulatory body/bodies responsible for regulation of the Redbelly Network Token;
5. You are legally permitted to receive and hold and make use of a cryptographic tokens in Your local and any other relevant jurisdiction;
6. You have not supplied Redbelly with information relating to the purchase of Redbelly Network Tokens or otherwise which is inaccurate or misleading, including in relation to any private or public keys;
7. You will provide Redbelly with any additional information which may be reasonably required in order that Redbelly can fulfill it’s legal, regulatory, and contractual obligations, including but not limited to, any anti-money laundering or taxation obligation;
8. You, if an individual, is of a sufficient age to legally obtain cryptographic tokens in the local and any other relevant jurisdiction, and You are not aware of any other legal reason to prevent You from obtaining cryptographic tokens;
9. You take sole responsibility for any restrictions and risks associated with receiving and holding cryptographic tokens, including but not limited to these set out in this agreement;
10. You are not obtaining or using the Redbelly Network Token for any illegal purpose, and will not use Redbelly Network Token for any illegal purpose;
11. to the extent permitted by law, Redbelly makes no warranty whatsoever, either expressed or implied, regarding the future success of the Redbelly Network Token or any other network or blockchain technology;
12. You accept all responsibility for determining if the purchase, the allocation, use or ownership of Redbelly Network Tokens, the potential appreciation or depreciation in the value of Redbelly Network Tokens over time if any, the sale and purchase of Redbelly Network Tokens and/or any other action or transaction related to Redbelly Network Tokens has tax implications;
13. You acknowledge that the Redbelly Network Token, the Redbelly Network, and blockchain technology and the cryptocurrency market as a whole are all subject to regulatory, technological, economic (including taxation) development. You recognise and accept the risk that one or more changes in any of the foregoing could significantly impact the Redbelly Network Token, including any perceived or real value;
14. You acknowledge that in order for Redbelly to ensure compliance with regulatory regimes in numerous jurisdictions, Redbelly may be required to hold and disclose personal data relating to the You.
Redbelly Network Token risks
You acknowledge the risks associated with accepting Redbelly Network Tokens, including but not limited to:
1. private key(s), and wallets that are necessary for use of cryptographic tokens, and loss of the private key(s) or access to wallets may result in the loss of or the inability to access Your Redbelly Network Tokens;
2. error or malfunction of cryptographic wallets, including failure to maintain or use cryptographic wallets may also result in the loss of or inability to access Redbelly Network Tokens;
3. incorrect details entered by You when dealing with Redbelly Network Tokens may result in the permanent loss of Redbelly Network Tokens;
4. malfunction, breakdown, abandonment and the like may have a material adverse eect on the Redbelly Network Token;
5. as with all other cryptographic tokens and blockchain protocols, the Redbelly Network Tokens are susceptible to attacks by miners in the course of validating transactions on the Redbelly blockchain or other distributed ledger technology, including, but not limited to, double-spend attacks, coalition attack, and selfish-mining attacks. Successful attacks present a risk to the Redbelly Network Token, including, but not limited to, accurate execution and recording of transactions involving the Redbelly Network Token;
6. hackers or other malicious entities may attempt to interfere with the Redbelly Network Token including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing, and as the Redbelly Network may contain some open-source software, third parties may intentionally or unintentionally introduce weaknesses into the Redbelly Network, negatively affecting the Redbelly Network Token;
7. if secondary trading of Redbelly Network Tokens is facilitated by third-party exchanges, Redbelly provides no warranties regarding third-party exchanges;
8. You are responsible for Your own insurance, including but not limited to loss of Redbelly Network Tokens or loss of utility, and You must seek Your own tax and reporting advice in connection with Redbelly Network Tokens;
9. the regulatory status of the Redbelly Network Tokens may change or be amended from time to time, including changes to laws and regulations affecting distributed ledger technology and its applications, including the Redbelly Network Tokens. It is possible for regulatory actions to negatively impact the Redbelly Network Tokens in many ways, including the ability to operate the Redbelly Network or use Tokens in a jurisdiction in the event of occurrences such as adverse regulatory actions or changes to laws; and
10. competing platforms and tokens may have an adverse impact on the Redbelly Network Tokens.
You acknowledge that any timeframes provided by Redbelly are estimates and are subject to change without notice. This includes but is not limited to: the future development of the Redbelly Network, the Redbelly Network Token, the listing of the Token on the public market, and the applications that may use the Redbelly Network.
You acknowledge that neither Redbelly nor any of its officers, employees, related bodies corporate, affiliates, agents or advisers guarantees or makes any representations or warranties, express or implied, as to, or takes responsibility for, the accuracy, fairness, reasonableness, correctness or reliability of any information that has been provided by Redbelly.

17. General provisions

These Terms and Conditions constitute the entire legal agreement between you and Redbelly, govern your access to and use of the Platform, the software suite, and tools, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Platform, whether oral or written.
There are no third-party beneficiaries to these Terms and Conditions. The parties are independent contractors, and nothing in these Terms and Conditions create any agency, partnership, or joint venture.
The language in these Terms and Conditions will be interpreted as to its fair meaning, and not strictly for or against any party.
You may not assign any or your rights or obligations under these Terms and Conditions, whether by operation of law or otherwise, without our prior written consent.
We may assign our rights and obligations under these Terms and Conditions in our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger.
Should any term or provision of these Terms and Conditions be held void, voidable, invalid, or unenforceable, then that term or provision shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void it shall be binding in that changed or reduced form. Subject to this Clause, each provision and term shall be interpreted as severable and shall not in any way aect any other term and condition. The remaining Terms and Conditions will remain in full force and effect.
In the event of any conflict between any provision of these Terms and Conditions and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the provisions of these Terms and Conditions shall prevail.
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision, nor of the right to enforce such provision at a later time.
The validity, construction, and performance of these Terms and Conditions will be governed by and construed in accordance with the laws of Australia applicable therein, excluding its conflicts of law rules and principles.
Subject to Clause 14, any legal action or proceedings arising under these Terms and Conditions will be brought exclusively in the courts located in the Commonwealth of Australia and the State of New South Wales and the parties irrevocably consent to the personal jurisdiction and venue there.
We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties.
You acknowledge, covenant, and agree that we may provide you with notices (including, without limitation those regarding changes to these Terms and Conditions) by email, or postings on the Platform, our Website, or our social media platforms. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.