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Nauticus ICO Agreement, Privacy Policy and Terms and Conditions

NAUTICUS COIN ICO AGREEMENT Notice: this Nauticus Coin ICO Agreement (“Agreement”) is not an offer of securities or a managed investment scheme, and at the time of the Initial Coin Offering, does not require registration with or approval from the Australian Securities and Investments Commission. You are advised to read this document and the Nauticus Coin Whitepaper, which is located at here, carefully and in full. If you do not agree to any of the terms of this Agreement, you should not purchase any Nauticus Coins.

Nauticus may, at its sole discretion, amend the Agreement at any time by posting a revised version on its website at https://www.Nauticus.io. Any revisions to the Agreement will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

1. Introduction of the Nauticus Platform and the features of the Nauticus Coin digital token NAUTICA GROUP PTY LTD (ACN 622 959 755), a company incorporated pursuant to the laws of the Commonwealth of Australia (“Nauticus”) offers to you ( “User”) the opportunity to participate in the initial coin offering (“ICO”) of ‘Nauticus Coin’ (“Nauticus Coin” or “NTS”), a digital token created by Nauticus’ smart contract deployed in the Ethereum decentralized platform (“Nauticus Smart-Contract”). This offer for the User to purchase Nauticus Coins shall be in accordance with the terms of this Agreement. The Nauticus Platform is an online blockchain technology-based exchange platform, which shall provide to the User digital and fiat currency exchange and merchant services, using Nauticus Coin as a method for conducting internal transactions. The User should refer to and familiarise themselves with the Nauticus Coin Whitepaper prior to participating in the Nauticus Coin ICO. The use of Nauticus Coins on the Nauticus Platform will grant the User benefits including reduced fees for transactions conducted using Nauticus Coin. The Nauticus Coin digital token is a cryptographically secured representation of a tokenholder's rights to obtain in future the services and goods through the Nauticus Platform, and is not intended to be traded as a currency or security with its own inherent value. The User acknowledges, understands and agrees that ownership of Nauticus Coins does not grant the User the right to receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in Nauticus or the Nauticus Platform, or any other related rights.The User acknowledges that it has had the opportunity to seek independent legal and financial advice, and is aware of the merits, risks and any restrictions associated with digital tokens, cryptocurrencies and Blockchain-technologies, including but not limited to:

  • Risk of losing access to tokens due to loss of access key(s);
  • Risks associated with the Ethereum platform protocol;
  • Risk of hacking and security weaknesses;
  • Risk of market changes and fluctuations;
  • Risks associated with uncertain and/or changing laws and regulations and enforcement by governmental agencies.
By purchasing the Nauticus Coin digital tokens the User expressly acknowledges and assumes the risks set out in this Agreement. All sales of Nauticus Coins through the ICO will be in accordance with this Agreement.

2. Nauticus Offer The timeline for the ICO is as follows:
  • Registration for early interest from 12 February 2018 to 17 March 2018 ( “Registration Period”);
  • Presale from 18 March 2018 to 30 March 2018 ( “Presale Period”);
  • ICO period from 31 March 2018 to 18 July 2018 ( “ICO Period”).
Pursuant to the terms of this Agreement, Nauticus offers to sell to the public a total allocation of 2,000,000,000 (2 billion) Nauticus Coins (“Public Allocation”) during the Presale Period and ICO Period. During the Presale Period and ICO Period, Nauticus offers to sell Nauticus Coins to the User at the price of 0.00001 Bitcoin per Nauticus Coin, adjusted as follows:
  • 30% discount during Presale Period of 18/03/2018 - 30/03/2018
  • 20% discount during period of 31/03/2018 - 07/04/2018
  • 15% discount during period of 08/04/2018 -14/04/2018
  • 10% discount during period of 15/04/2018 - 21/04/2018
  • 5% discount during period of 22/04/2018 - 18/07/2018
Regardless of promotional periods:
  • All purchases of 100,000 NTS or more will receive a complimentary 2% bonus on the total number of NTS purchased
  • All purchases of 250,000 NTS or more will receive a complimentary 5% bonus on the total number of NTS purchased
  • All adjustments of sale prices and bonuses will be applied on the total Nauticus Coins purchased by a single User in a single transaction.The total number of Nauticus Coins available for purchase at any given time during the Presale Period and ICO Period will be the total number of unsold coins in the Public Allocation at that time.


3. Distribution and Destruction following ICO All Nauticus Coins purchased by the User during the Presale Period and the ICO Period will be allocated and delivered to the account of the User within fourteen (14) days of the conclusion of the ICO Period. Any Nauticus Coins in the Public Allocation not sold by the conclusion of the ICO Period will be destroyed.

4. User’s Acceptance To accept Nauticus’ offer of sale pursuant to this Agreement, the User must create a user account at https://www.Nauticus.io and purchase any amount of the Nauticus Coin digital tokens at any time during the Presale Period or the ICO Period. Each purchase of Nauticus Coin digital tokens by the User constitutes a binding contract between the User and Nauticus pursuant to the terms of this Agreement, such contract to be concluded upon payment for the purchased Nauticus Coins by the User. By purchasing Nauticus Coin digital tokens, the User acknowledges and unconditionally accepts the Nauticus offer of sale of the Nauticus Coin digital tokens under the conditions stated in the Agreement, without any reservation or exception. If you do not agree to all of the terms of the Agreement, you may not purchase any amount of the Nauticus Coin digital tokens.

5. The User’s Digital Signature After registration on the website https://www.Nauticus.io the User receives a Login and Password to access the Nauticus Platform. Use of the User’s account secured by Login and Password shall be deemed as equivalent to a digital signature of the User and all actions carried out with the use of Login and Password of the User shall be considered as executed by the User and legally enforceable as an executed document. The User should ensure that its Login and Password are secure and not shared with any third party. Nauticus shall bear no responsibility for unauthorised use of a User’s account caused by a User’s failure to adequately secure its account details.

6. User’s Warranties and Indemnities By purchasing the Nauticus Coin digital tokens, the User represents and warrants that:
  • the User has read and understands the Agreement in full;
  • the User has read and understands the Nauticus Whitepaper in full;
  • the User fully understands and agrees with the information about the functionality, usage, storage, transmission mechanisms and other material characteristics of the Nauticus Coin digital tokens, blockchain technology, blockchain-based software systems and their risks, and appreciates the risks and implications of purchasing the Nauticus Coin digital tokens;
  • the User fully understands and agrees that the Nauticus Coin digital tokens are created on a blockchain and are designed to be used to make various internal payments through the Nauticus Platform and it does not grant to the User any voting or ownership rights, any return on investment or any profit and passive income from the ownership of the Nauticus Coin digital tokens;
  • the User will not forge, or otherwise manipulate any personal or non-personal data requested by Nauticus in the process of the User’s registration (including but not limited to use of a VPN or other means of distorting digital data), or after its completion, and will provide all necessary personal or non-personal data in the form and format requested by Nauticus as necessary in connection within the requirements of anti-money laundering and "Know Your Customer" (KYC) frameworks of Nauticus or in accordance with any applicable law.
  • the User’s purchase of Nauticus Coin digital tokens complies with applicable laws and regulations in the User’s jurisdiction;
  • the User is not a citizen or resident of a geographic area in which access to or use of cryptocurrency or digital tokens is prohibited by law;
  • the User does not intend to hinder, delay or defraud Nauticus or any other users of the Nauticus Platform or engage in any illegal conduct and or unlawful activity including but not limited to money laundering, receiving the proceeds of crime, or terrorist activities;
each of the above hereinafter collectively referred to as the “Warranties”. The User indemnifies and holds Nauticus indemnified from all liabilities which the User or Nauticus suffer or incur by any of the above Warranties being untrue or inaccurate in any material respect, and from all claims made by any third party in relation to a matter which constitutes, or in circumstances that constitute, a material breach of any Warranty.

7. Taxes The User shall pay and be fully responsible for any applicable taxes and/or duties imposed by governmental agencies in any relevant jurisdiction with respect to the transactions under this Agreement.

8. Proprietary rightsThis Agreement does not convey any title or ownership of the Nauticus Platform or the Nauticus Smart-Contract from Nauticus to the User but instead gives the User only the limited rights and abilities to use the Nauticus Coin digital tokens within the Nauticus Platform in accordance with Nauticus’ terms of use as updated from time to time. Nauticus reserves all rights not expressly granted by the Agreement.

9. Liability The Nauticus Platform and the Nauticus Coin digital tokens are provided as is, with no warranties except those expressed in this Agreement. Nauticus shall use its best endeavours to deliver and maintain the services on the Nauticus Platform as outlined in the Whitepaper within the estimated timeframes, however the User acknowledges and understands that the Nauticus Platform and the Nauticus Coin digital tokens may contain bugs or errors, and may not have full intended functionality at all times. The User acknowledges and agrees that Nauticus does not warrant the User any financial or other type of outcome as a result of the use of the Nauticus Platform and the Nauticus Coin digital tokens. To the fullest extent permissible by law, Nauticus excludes all liability with respect to the User’s purchase, sale or use of Nauticus Coin digital tokens and/or the Nauticus Platform.

10. Term & Termination The Agreement between Nauticus and the User shall commence upon acceptance by the User of all the terms of the Agreement by purchasing any amount of the Nauticus Coin digital tokens and using any part of the Nauticus smart-contract and the Nauticus Platform, and shall continue until terminated in accordance with the terms of the Agreement. Nauticus may at its sole discretion and without any prior written notice terminate the Agreement if:
  • the User provides invalid data to complete the registration process;
  • the User fails to make payment for any Nauticus Coins purchased; or
  • the User breaches any other terms of this Agreement. Upon termination of the Agreement, for whatever reason, all licenses granted by Nauticus to the User under this Agreement, the User’s Account and Nauticus Coin digital tokens shall be immediately terminated.
Upon termination of this Agreement, each party will remain liable to the other for any amounts due and owing to the other party as of the date of termination, and such obligation to pay shall survive any termination of this Agreement.

11. MiscellaneousAny notice given pursuant to this Agreement must be in writing and may be given by pre-paid post addressed to the other party, by hand delivery or by email transmission and will be deemed to have been served:
  • if served by post, three days after being posted;
  • when delivered by hand; or
  • if sent by email transmission, the day after the transmission; provided that, if the notice is deemed under clause (i) or (iii) to have been received on a day that is not a business day, it will be deemed to have been received on the next business day. A waiver by either party of any breach or a failure to enforce or to insist upon the observance of a condition of this Agreement will not be a waiver of any other or subsequent breach. If the whole or any part of this Agreement is invalid, unenforceable, illegal, void or voidable for any reason, this Agreement will be construed and be binding on the parties as if the invalid, unenforceable, illegal, void or voidable part had been deleted from this Agreement or read down to the extent necessary to overcome the difficulty. The parties will do everything reasonably necessary to give effect to this Agreement and to the transactions contemplated by it and will use all reasonable endeavours to cause relevant third parties to do likewise.
This Agreement is governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of Victoria and of the Commonwealth.Terms and Conditions

NATUICUS TERMS AND CONDITIONS
Section 1. Acceptance
  • 1.1 The terms and conditions of use stated below ("Terms and Conditions")constitute a legally binding agreement between you and Nautica Group PTY Limited (“Nauticus”, “we” or “us”).
  • 1.2 By using this website (“Site”) and any services provided by Nauticus (“Services”), you agree to accept and comply with the Terms and Conditions.
  • 1.3 As used herein, a reference to Nauticus refers to its owners, directors, investors, employees or other related parties.
  • 1.4 All information and products listed on this Site is in reference to plans and future direction of Nauticus's business and is not a confirmation of ready to use product, nor is it a guarantee of release in the future.
  • 1.5 By using the Site and/or Services, you accept and understand that Nauticus may charge certain fees for transactions made through the Site and/or Services (“Commission”). Section 2. Risks and Limitations.
  • 2.1 The trading of digital and fiat currencies involves significant risk. Prices can and do fluctuate on any given day and are inherently unstable. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. There is an inherent risk that losses may be experienced through buying, selling, or trading anything on the market. By using the Site and/or Services, you acknowledge, accept and assume all such risks.
  • 2.2 Cryptocurrencies are not backed by any government or physical commodities; instead they are unique “fiat” currencies backed by technology and trust.You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Cryptocurrency.
  • 2.3 We use our banking providers in order to receive client moneys and making payments. Our banking providers DO NOT transfer, exchange, or provide any services in connection with Cryptocurrencies.
  • 2.4 Nauticus Coin is NOT a stock or any other investment instrument or security and should not be under any circumstances be considered as such. The Nauticus Coins (“Nauticus Coin Token” or “Token”) on offer have not been registered with any government, legal entity, or registry. Nauticus Coin is NOT a share, stake, debt, security, or equivalent right, and does not confer to hits holder any rights to future profits, shares, intellectual property or receiving of future revenue of Nauticus. Nauticus Coin does NOT represent any voting or governance rights to the development, operations, ownership, and decision process of Nauticus.
  • 2.5 Nauticus have the right to restrict, ban or suspend transactions made on the Site or with Nauticus should there be any suspicionsof illegal activity or a breach of the Terms and Conditions.

Section 3. Limited Rights of Use3.1 Unless otherwise specified, all materials on this Site are the property of Nauticus and are protected by copyright, trademark and other applicable laws. You are permitted to view, download, print a copy of the materials from this solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
  • 3.2 Trademarks, video, logos, and service marks, software, audio, data, trades, prices, text, charts, graphs, images, graphics and any other material appearing on the Site are all the property of Nauticus unless otherwise specified, in which case such material belong to their respective rights holders. These materials should under nocircumstances be copied, modified, posted, republished, reproduced, collected, distributed, uploaded, transmitted, scraped, or collected by any means and in any form, manual or automated, unless specifically approved by Nauticus.
  • 3.3 The use of any such materials listed in Section 3 on any other website or networked computer environment for any other purpose is strictly prohibited; any such actions which violate Nauticus’s copyright, trademarks and other applicable and relevant rights is a breach of these Terms and Conditions and may be subject to legal action.

Section 4. Maintaining Your Account
  • 4.1 By registering an account on the Site (“Account”), you agree to provide Nauticus with accurate, current, and complete information about yourself as instructed through the Site’s registration process, and be responsible for keeping thisinformation updatedat all times.
  • 4.2 You agree that you will not use any Account other than your own, fraudulently impersonate or access the Account of any other user at any time, or assist others in obtaining unauthorized access. The creation or use of Accounts without obtaining the prior express permission from Nauticus will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Attempting to do the above mentioned or assisting others, or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such persons being terminated.
  • 4.3 Should you be in breach of above Terms and Conditions in 4.1, Nauticus may elect to take further action against you after termination of your account.
  • 4.4 You are responsible for your Account information and its confidentiality, including: safeguarding your Bitcoins, your password, financial information,personal information and contact details, and for all activity including transactions conducted or posted to your Account.
  • 4.5 We may request additional information from you, including authenticating documents if we deem there to be suspicious activity on your Account.
  • 4.6 Any transactionsthat have been deemed suspicious will be frozen pending our review process.
  • 4.7 By using Nauticus’s Site and its Services, you accept that you must comply with any requests pursuant to these Terms and Condition, or be subject to suspension or termination of your Account.
  • 4.8 If your account has been subjected to unauthorized access, account, password, or any other security breaches, you are required to notify Nauticus immediately.
  • 4.9 You agree that you will not use the Site or Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
  • 4.10 By creating an Account, you also consent to receiving electronic communications from Nauticus. These communications may include notices about your Account and are part of your relationship with us.
  • 4.11 We may also send you promotional communications via email, including, but not limited to, special offers, surveys, newsletters and other news and information Nauticus believes to be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Section 5. Termination
  • 5.1 You have the right to terminate your relationship with Nauticus, and close your Account at any time, subjected to the settlement of transactions pending on your Account.
  • 5.2 You agree that Nauticus may, by giving notice, in its sole discretion terminate your account and all access to Nauticus’s Sites. Nauticus may also:
  • 5.2.1 terminate, limit or suspend the service of your account,
  • 5.2.2 prohibit access to the Site and its content,
  • 5.2.3 delay or remove hosted content, services, tools, and
  • 5.2.4 take all technical and legal steps we deemnecessary to restrict you from the Site, should we suspect you are breaching the agreement set out in these Terms and Conditions.
  • 5.3 Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate your Account for any reason, including without limitation:
  • 5.3.1 failure to pay or fraudulent payment for transactions,
  • 5.3.2 attempting to gain unauthorized access to the Site or another user's account or providing assistance to others' attempting to do so,
  • 5.3.3 usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities,
  • 5.3.4 overcoming software security features limiting use of or protecting any content,
  • 5.3.5 violations of these Terms and Conditions,
  • 5.3.6 unexpected operational difficulties, or
  • 5.3.7 upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Nauticus, acting in its sole discretion.
  • 5.4 Nauticus also reserves the right to cancel/terminate unverified Accounts which have been inactive for over 6 months or to discontinue providing service for such Accounts.
  • 5.5 You agree that Nauticus will not be liable to you or to any third party for termination of your Account or access to the Site. The suspension of an Account shall not affect the payment of the commissions due to Nauticus for past transactions. Upon termination, you must provide details for a valid bank account to allow for the transfer of any currencies credited to your account.
  • 5.6 Termination of your Account does not prejudice or in any way limit any rights of Nauticus accruing during your use of the Site or Services, including any rights contained in these Terms and Conditions.Section 6. Limitation of Liability and warranties
  • 6.1 Any and all purchases of Nauticus Coins on Nauticus Sites by any users are final and non-refundable. By completing a purchase of Nauticus Coins, you acknowledge that neither Nauticus nor any of its affiliated Sites are required to provide a refund for any reason, and that you will not receive money or other compensation for any Nauticus Token that is not used or remains unused for any reason.
  • 6.2 All services are provided without warranty of any kind, either express or implied. Nauticus do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide You with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
  • 6.3 All Nauticus Coins and Nauticus’s Site are provided “as is” and does not include any representation or warranties of any kind, exposed or implied. As a user, You will accept responsibility for all risks regarding the use of the Site and the purchase and use of Nauticus Coin Tokens.
  • 6.4 We will use reasonable endeavours to ensure that the Site can normally be accessed by You in accordance with these Terms and Conditions. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.
  • 6.5 If Nauticus is unable to perform the Services outlined in the Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.
  • 6.6 To the extent permitted by law, Nauticus or its Owners will not be held liable or accountable to you for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, or any indirect or consequential loss resulting from the following:
    • 6.6.1 your use of purchased Nauticus Coins, inability to use, availability, or unavailability of Site materials, information, software, services, content, and facilities,
    • 6.6.2 change in value of Nauticus Coins or any other currencies, crypto or fiat,
    • 6.6.3 ability, inability, availability, or unavailability to buy, sell or transfer Nauticus Coins or the availability and existence of the exchange platform prior or after the ICO Token sales,
    • 6.6.4 illegal or unauthorized use of the Site or purchase and sale of Tokens in an unauthorized manner, or
    • 6.6.5 the product failing to be suitable for the use you have intended it to be used for.
  • 6.7 Nothing in these Terms and Conditions excludes or limits the liability of either party for fraud, negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded. Subject to the foregoing, Nauticus’s aggregate liability in respect of claims based on events arising out of or in connection withyour use of the Site and/or Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either:
  • 6.7.1 the total amount held in your Account less any amount of Commission that may be due and payable in respect of such Account; or6.7.2 the amount of the transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such transaction(s).

Section 7. Legal, Financial or Other Professional Advice
  • 7.1 The provision by Nauticus of the Services should in no way be considered legal, financial or any other kind of specialized or expert advice. By using the Site and/or Services, you confirm that:
    • you have sufficient knowledge, understanding and sophistication to evaluate the risks and merits associated with Blockchain, token sales, and/or token management and offerings and to competently use our Services,
    • you represent and warrant that you have sought, or have had the opportunity to seek any legal, financial or otherwise specialized advice from an expert qualified to provide such counsel to make the most informed decisions, and
    • you understand that Nauticus gives no warranty regarding the suitability of our Services and assume no fiduciary duties to you.
  • 7.2 You represent and warrant that you understand that any recommendations or commentary made by Nauticus or its employees or other users should be considered as general in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of such statement. We give no assurance as to the accuracy or completeness of any such statement.
  • 7.3 THIS IS NOT A FINANCIAL PRODUCT. THIS IS NOT IN ANY WAY OR FORM A MANAGED INVESTMENT SCHEME OR FINANCIAL SERVICE. IT IS A SOFTWARE PRODUCT CREATED FOR THE BENEFIT OF THE TRADING AND RETAIL COMMUNITY. NAUTICUS COINS ARE PURLEY A METHOD OF CONDUCTING TRANSACTIONS ON THE NAUTICUS PLATFORM.THEY SHOULD NOT BE SWAPPED FOR OTHER ITEMS OF VALUE ON THE BELIEF, ASSUMPTION OR POSSIBILITY THAT THEY MAY INCREASE IN VALUE. YOU ARE SOLEY RESPONSIBLE OF THE MANAGEMENT OF YOUR CRYPTOCURRENCIES.


Section 8. Indemnity To the full extent permitted by applicable law, you hereby agree to indemnify Nauticus, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred whether directly or indirectly arising from your use of Nauticus Sites and/or Services, or from your violation of these Terms and Conditions.

Section 9. Damages Caused by Vulnerabilities Inherent in the Internet or in Blockchain
  • 9.1 Use of the internet may not be secure. You agree that Nauticus is not responsible whatsoever for any damages caused by the interception, loss or alteration to any information sent over the internet.
  • 9.2 Nauticus takes security very seriously, and takes all reasonable steps to ensure the highest security and privacy of information transmitted between the Site, Nauticus and its affiliates, and will take reasonable steps to ensure the security and privacy of any information transmitted during your use of our Services, however under nocircumstances should such information be assumed as being “confidential”or free from interception or interference from a third party.
  • 9.3 Nauticus takes every reasonable precaution to prevent and mitigate cyber attacks. However, these problems still may occur from time to time for reasons that are out of our control. If Nauticus believes its Site or Services have been compromised or under attack, Nauticus reserves the right to immediately suspend all Services provided through the Site for the protection of its users and Nauticus.
  • 9.4 If it is determined that such an attack caused an associated Token to rapidly lose value or otherwise cause or threaten to cause damage to the Site, or other users, Nauticus may immediately discontinue all activity regarding to such Token entirely at its discretion. Resolution concerning deposits, withdrawals, Account balances, Services or other disputes related to an attacked Token will be determined on a case-by-case basis.
  • 9.5 Nauticus does not make any representation and does not warrant the safety of the Site and is not liable for any lost value or stolen property from the Site or during communications, regardless of whether Nauticus was negligent in providing appropriate security.


Section 10. Governing Law and Jurisdiction These Terms and Conditions and your relationship with Nauticus are governed by the law in the state of Victoria and the Commonwealth of Australia and by using the Site and/or Services, you submit to the non-exclusive jurisdiction of the courts of the state of Victoria and the Commonwealth of Australia in relation to said use of the Site and/or Services.

Section 11. Modification of Terms and Conditions Nauticus reserves the right to change, add or remove portions of these Terms and Conditions, at any time, at its sole discretion. After the posting of a notice of changes to the Terms and Conditions,your continued use of the Site will signify that you accept, understand, and agree to comply with the updated Terms and Conditions for all subsequent transactions.

PRIVACY POLICY Nautica Group PTY Limited (we, us, Nauticus) works together with banks and financial institutions that are required by law to take steps to prevent illegal activites such as fraud, money-laundering and terrorist-financing. Given the nature of our business, we take the privacy and security of an individual’s personal information very seriously. We are bound by the provisions of the privacy laws in the State of Victoria, Australia and the Australian Privacy Principles. These laws govern the way in which we may collect, use and disclose personal information about any individual (you, your, user). This Privacy Policy sets out the manner in which we comply with our obligations under these laws. Please read the following information carefully to understand Nauticus practices regarding your information and how we will use it. By continuing to use our website (Site), you acknowledge that you have read, understood, accept, and comply with this document. If you do not agree with any of the information described in this document, you should not access the Site.
Section 1. Collection, use, processing and disclosure of your information We collect personal information from customers for identity verification purposes under antimoney laundering and fraud prevention laws. We will use and disclose this personal information insofar as necessary to comply with the law or to confirm your identity and the use of integrated identity verification service. When you visit our website, even without creating an Account with us, we will collect the following information which is sent to us by your computer, mobile device, phone, or any other device. The information collected includes: your IP address, mobile network information, standard web information and device information. This information is collected to allow Nauticus to provide sounds administration and identify users located in jurisdictions where Nauticus Coin sale is restricted or not permitted according to our policies, as well as to monitor usage, data trend analysis, activity, and to personalize our Site accordingly. Information collected may also be supplied to third parties with aggregated and anonymized statistical information about user activity and analysis. When you access the Site or use our products or services, we may place cookies on your computer or device. This technology is used to recognize you as a user of Nauticus’s services and to further assist with monitoring usage of our Site. There are also a number of limited circumstances in which we may collect personal information directly from you. This is limited to circumstances where you make direct contact with us by telephone or in writing, or via one of Nauticus’s Sites. The information collected in this manner will be used only for the purpose of communicating with you or otherwise in accordance with the purpose for which you provided your personal information.
Section 2. The personal information we collectThe type of personal information which we might collect from customers includes your name, current and previous addresses, date of birth, telephone number, driver licence number, passport number and any other information that may be relevant to serve the purpose of fully verifying your identity. We require our third-party providers and corporate customers to comply with all relevant privacy and data protection laws (including, where necessary, obtaining the appropriate express or implied consent from you at the time your personal information is collected) in order for such information to be lawfully used for identity verification and related purposes. We do not collect, use or disclose any sensitive information about any person. This includes a person’s racial or ethnic origin, political opinion, political association, religious belief or affiliation, philosophical belief, professional or trade union or association, sexual preference, criminal record or health information. We do not use or adopt as our own identifier any individual identifier assigned by any other organization.
Section 3. Use of cookies Nauticus uses cookies or other similar technologies for the purpose of enhancing user experience while using the Site. We use the following cookies:
  • Strictly necessary cookies: Cookies that are required for the full and proper functionality of the Site;
  • Analytical or Performance cookies: Cookies that allow us to recognize and count the number of users that are using our Site and how they move around while they are using it. This information is used to aid us with providing better ways to improve the Site. We use a variety of analytic tools to help us analyse how users engage our website which compiles reports that help identify ways to improve the Site. The reports that are disclosed only indicate trends, and do not provide and individual details of our visitors. If you feel the need to do so, you may opt out of our analytics at any time;
  • Authentication cookies: Cookies used for user authentication, confirming identity and proper access to Site information; and
  • Functionality cookies: Used to recognize you when returning to the Site.

Section 4. Use of Log Files Nauticus may use the log files to collect your Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze your activity on the Site, collect geographic and demographic information, and evaluate content of the Nauticus’s Site. Information collected from log files is not personally identifiable. Nauticus is not obligated to use log files and may do it at its own discretion. If you wish, you may control the use of cookies from your browser by manually deactivating this feature via your browser settings. However, blocking or disabling some cookies may result in the failure of Sites functions resulting in negative experience.Nauticus is not obligated to place cookies on your computer and may do it at its own discretion.
Security
We take all reasonable steps (including the employment of appropriate security systems and procedures) to ensure all data held by us is safe and secure. Such security measures include but not limited to physical protection and electronic encryption to prevent any unauthorized access, authentication cookies, multilayered Site access protocol.
Quality
We take all reasonable steps to ensure that any personal information that we collect and use is accurate, complete and up-to-date. We may, under our discretion or required by law, require updates of your personal information periodically, this includes but not limited to your phone, address, email, passport, drivers license, and other relevant verification documents. Nauticus will insure sufficient time is provided for you to supply the information, however you understand and accept that depending on circumstances, we may request it with little allotted timeframe. In either case, we are not liable or held accountable for your availability to provide these information, nor are we liable for any loss you may incur.
Access and correction
You have a right to access your personal information, subject to some exceptions allowed by law. If you wish to access your personal information, you should contact us via the Nauticus Support page. We reserve the right to charge a fee for searching for and providing access to your information.
Destruction
Where we determine, acting reasonably, that personal information held in respect of an individual is no longer needed for our functions or the services we provide, we will permanently destroy or de-identify that information.
Amendments to the policy
We may from time to time vary this Privacy Policy. Please check our website regularly for an up-to-date version of our Privacy Policy.