Terms of Use

Acceptance

You accept this Agreement, including by any electronic execution platform acceptable to us, by signing with your Wallet (please see clause 5).

Assumption Of Risk
1. By purchasing a CSGO item, you assume risks including:
  1. risks that are associated with using digital assets (including cryptocurrencies) including the risk of software, digital asset wallet provider and network failures, the risk of malicious software or code introduction, and the risk that third parties may obtain unauthorised access to information stored within your Wallet or elsewhere, and we will not be responsible for any of these, however caused;
  2. changes or upgrades to the Ethereum blockchain including a hard fork or compromise;
  3. the risk of losing access to your CSGO item due to loss of private key, custodial error or other errors;
  4. the risk of hacking, security weaknesses, fraud, counterfeiting, and cybersecurity attacks;
  5. legal or regulatory changes or interventions; and
  6. risks related to taxation.
2. You acknowledge and agree that you have obtained sufficient information to make an informed decision to purchase CSGO items and that you are solely responsible for determining the nature, potential value, suitability and appropriateness of any assumed risks in purchasing your CSGO items.
3. You agree that we will have no liability for any Liability suffered by you in connection with your CSGO item unless such Liability is caused or contributed to by our negligence.
Licence
1. During the Term, and subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable License to access and use the Platform solely for the purposes as contemplated by this Agreement.
2. You agree that the Licence permits you to access and use the Platform in accordance with clause 4.
Use Of The Platform
You must not (and you must ensure that your Personnel do not):
1. access or use the Platform except as permitted by the Licence, or other than through the interface that is provided by us;
2. access or use the Platform in any way that is improper or breaches any Laws, infringes any person's rights (including Intellectual Property Rights and privacy rights), or gives rise to any civil or criminal liability;
3. interfere with or interrupt the supply of the Platform, or any other person’s access to or use of the Platform;
4. tamper with or modify the Platform (including by introducing any Harmful Code, transmitting viruses and using trojan horses in our Platform or our System);
5. copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile any part of the Platform or otherwise attempt to discover any part of the source code of the Platform;
6. allow others to access or use the Licence, including any password or authentication details;
7. link a Wallet or blockchain address that has been or is being investigated by any regulatory authority;
8. use the Platform to carry out security breaches or disruptions of a network;
9. attempt to access any data or log into any server or account that you are not expressly authorised to access;
10. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;
11. use the Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
12. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
13. access or use the Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
Wallet
1. In order to use the Services, you will need to link a Wallet to the Platform.
2. By using your Wallet in connection with the Platform, you agree that you are using that Wallet under the terms and conditions of the applicable provider of the Wallet. We have no affiliation with the provider of your Wallet and no responsibility for your Wallet. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase with anyone.
3. If you discover an issue related to your Wallet, please contact your Wallet provider. You agree that we are not liable for any acts or omissions by you in connection with your Wallet. You agree to immediately notify us if you discover or otherwise suspect any security issues related to your Wallet.
4. In accordance with clause 1, when you connect your Wallet to the Platform you will be prompted to sign with your Wallet signature and this signature will indicate your acceptance of this Agreement.
Account
1. You must create an Account in order to buy or sell CSGO items on the Platform.
2. You will require a login (which is linked to your Account), in order to access and use the Platform.
3. You must ensure that any information provided to us for any Account or login is accurate and complete, and you warrant that you are authorised to provide this information to us.
4. You must keep your Account and login details secure and confidential. You agree to immediately notify us if you become aware of, or have reason to suspect, any suspicious or unauthorised access to your Account or use of any login details linked to your Account.
5. We may suspend access to your Account where we reasonably believe there has been any unauthorised use of or access to the Platform. Where we do so, we will attempt to notify you within a reasonable time of the suspension occurring, and the Parties will work together to resolve the matter.
Availability
1. From time to time, scheduled and emergency maintenance and updates in relation to the Platform may be necessary in order to continue to supply the Platform to you (Scheduled or Emergency Maintenance). You agree that access to, or the functionality of all or part of the Platform, may need to be suspended for a time in order for Scheduled or Emergency Maintenance to be performed, and to the maximum extent permitted by law, we will not be liable to you for any interruptions or downtime to the Platform as a result of any Scheduled or Emergency Maintenance caused or contributed to by events or circumstances occurring outside of our reasonable control (including but not limited to maintenance to any Third Party Inputs).
2. We will endeavour to provide you with reasonable notice, where possible, of any interruptions to access and availability of the Platform.
Sale of CSGO items
1. After a Transaction has been completed, we will transfer the Seller the Transaction amount within a reasonable time in accordance with clause 9.
2. Buyers and Sellers must correctly link a Wallet to the Platform in order for a Transaction to be processed.
3. A Seller must connect their Steam account to Krakatoat. CSGO items in a Seller’s Steam account that are not yet sold will be marked as a Peer to Custody (P2C) item.
4. You agree and acknowledge that we do not have custody or possession over a P2C item in a Seller’s Steam account.
5. After a Transaction has been completed, a Buyer may store their CSGO item in our Steam accounts or withdraw or transfer the items to the Buyer’s Steam account.
6. For disputes between a Buyer and a Seller of a CSGO item, we encourage the Buyer and Seller to attempt to resolve disputes between each other directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, a Buyer and Seller may choose to resolve the dispute in any manner agreed between the Buyer and Seller or otherwise in accordance with applicable laws.
Price and Payment
1. You authorise us to act as a limited payment agent on your behalf to obtain and transfer payment of the Transaction amount from a Buyer to a Seller upon completion of a Transaction.
2. As a Seller, you agree and acknowledge that we will transfer the Transaction amount to you less the Transaction Fee.
Third Party Inputs
1. You acknowledge and agree that the Services may interact with, or be reliant on, certain Third Party Inputs, including your operating system, web browser, and CRM.
2. You acknowledge and agree that, unless we have expressly agreed to provide the services described in this clause 10.2 in the Schedule:
  1. you are responsible for obtaining and managing all licences for the relevant Third Party Inputs;
  2. you are responsible for paying all fees that may be related to the Third Party Inputs; and
  3. you agree to comply with terms and conditions applicable to the relevant Third Party Inputs at all times.
3. We do not make any warranty or representation in respect of any Third Party Inputs.
4. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Inputs, subject to clause 11.5.
5. Should any unavailability, error or change to a Third Party Input have a substantial and adverse impact on your use and enjoyment of the Services:
  1. you agree to notify us in writing within 5 Business Days of the change coming into effect; and
  2. following receipt of such notice by us, the Parties will use all reasonable endeavours to work together to resolve the matter.
6. This clause 10 will survive the termination or expiry of this Agreement.
Your Obligations and Representations
1. You agree:
  1. to comply with this Agreement and all applicable Laws;
  2. to provide all assistance, information, documentation, access, facilities and other things reasonably necessary to enable us to comply with our obligations under this Agreement or at Law;
  3. to ensure all information provided to us is kept up-to-date and the email address you provide is valid and regularly checked;
  4. to make any changes to your Systems, such as System upgrades, that may be required to support the delivery and operation of any Services; and
  5. that you are responsible for all users within your organisation or within your control using the Services, including your Personnel.
2. You acknowledge and agree that:
  1. the technical processing and transmission of the Services, including Your Data, may be transferred unencrypted and involves transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices;
  2. the Services are provided to you and your Personnel, solely for your and your Personnel’s benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without our prior written consent;
  3. you will be responsible for the use of any part of the Services by your Personnel and any other person you provide with access to the Services; and
  4. you will not alter or modify the Services in any way that is not contemplated by the purposes of the Services.
Warranties
1. We agree:
  1. that we will use reasonable efforts to ensure all of our obligations under this Agreement will be carried out by suitably competent and trained Personnel and in an efficient and professional manner;
  2. that we have legal authority to grant you the Licence; and
  3. that the provision of the Services does not and will not infringe any other person’s Intellectual Property Rights.
2. You represent, warrant and agree that:
  1. we are not party to any agreement entered into between a Buyer and a Seller and we have no control over the conduct of Buyers, Sellers or any other users of the Platform.
  2. you will provide us with any information that we require in order to provide the Services to you (for example, information that we need to get you onboarded);
  3. there are no legal restrictions preventing you from entering into this Agreement; and
  4. all information and documentation that you provide to us in connection with this Agreement is true, correct and complete.
Intellectual Property
Our Intellectual Property Rights
1. As between the Parties, you acknowledge and agree that we own all Intellectual Property Rights in:
  1. Our Materials;
  2. New Materials; and
  3. any Feedback,
  and as between the Parties, these Intellectual Property Rights will at all times vest, or remain vested, in us, and nothing in this Agreement constitutes an assignment or transfer of such Intellectual Property Rights. To the extent that ownership of these Intellectual Property Rights does not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.
2. In the use of any Intellectual Property Rights in connection with this Agreement, you agree that you must not (and you must ensure that your Personnel do not) commit any Intellectual Property Breach. Where you reasonably suspect that such a breach may have occurred, you must notify us immediately.
3. As between the Parties, you acknowledge and agree that we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
4. You also agree that you must not whether directly or indirectly, without our prior written consent:
  1. take any action that may compromise or jeopardise our Intellectual Property Rights in the Services or otherwise; or
  2. remove or deface any confidentiality, copyright or other proprietary notice placed on the Services.
5. As between the Parties, you will continue to own all Intellectual Property Rights in Your Materials.
6. You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, to use Your Materials, solely for the purposes for which they were developed and for the performance of our obligations under this Agreement, and as otherwise contemplated by this Agreement.
7. If you or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with this Agreement, you agree to (and agree to ensure that your Personnel) consent to our use or infringement of those Moral Rights.
8. This clause 13 will survive termination or expiry of this Agreement.
Analytics
1. You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics).
2. We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.
3. We may use and disclose to our service providers anonymous data about your access and use of the Platform for the purpose of helping us improve the Platform. Any such disclosure will not include details of your, or your Personnel’s, identity or personal information.
Confidential Information
1. Each Receiving Party agrees:
  1. not to disclose the Confidential Information of the Disclosing Party to any third party;
  2. to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
  3. to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
2. The obligations in clause 15.1 do not apply to Confidential Information that:
  1. is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;
  2. is authorised to be disclosed by the Disclosing Party;
  3. is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement; or
  4. must be disclosed by Law or by a regulatory authority, including under subpoena.
3. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 15. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 15.
4. This clause 15 will survive the termination of this Agreement.
Exclusions to liability
1. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
  1. any scheduled or emergency maintenance under this Agreement;
  2. your Computing Environment;
  3. your acts or omissions;
  4. a Buyer defaulting in payment of the Transaction amount;
  5. our Wallet being hacked or compromised;
  6. any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by this Agreement;
  7. any works, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement), or which have not been provided by us; and
  8. any Liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control (including a Force Majeure Event, and a fault, defect, error or omission in the Computing Environment or Your Data);
2. This clause 16 will survive the termination or expiry of this Agreement.
Limitations on liability
1. Despite anything to the contrary, to the maximum extent permitted by law:
  1. neither Party will be liable for Consequential Loss;
  2. a Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by the other Party to mitigate its loss;
  3. our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to us resupplying the Services to you; and
  4. you agree to indemnify us in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your breach of clause 4, 13, or 15.
2. This clause 17 will survive the termination or expiry of this Agreement.
Termination
1. This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of this Agreement and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
2. Upon expiry or termination of this Agreement:
  1. we will immediately cease providing the Services;
  2. we will be entitled to anonymise or permanently delete all Your Data within 1 month from expiry or termination of this Agreement; and
  3. upon request by us, you agree to promptly return (where possible), or delete or destroy (where not possible to return), any information, documentation or Intellectual Property owned by us that is in your possession or control, subject to clause 13.
3. Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.
4. This clause 18 will survive the termination or expiry of this Agreement.
General
1. Amendment: This Agreement may only be amended by written instrument executed by the Parties.
2. Assignment: Subject to clause 19.3, a Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
3. Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.
4. Disputes: You agree to notify us should you have concerns relating to our performance of the Services. A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
5. Force Majeure: A Party will not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event.
6. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.
7. Governing law: This Agreement is governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
8. Illegal Requests: We reserve the right to refuse any request for or in relation to any Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with this Agreement.
9. Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
10. Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
11. Privacy Act: Each Party agrees to handle all personal information in accordance with the Privacy Act 1988 (Cth).
12. Publicity: You agree that we may advertise or publicise the broad nature of our provision of the Services to you, including on our website or in our promotional material.
13. Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Definitions
In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:
Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.
Computing Environment means your computing environment including all hardware, software, information technology and telecommunications services and Systems.
Confidential Information includes information which:
1. is disclosed to the Receiving Party in connection with this Agreement at any time;
2. is prepared or produced under or in connection with this Agreement at any time;
3. relates to the Disclosing Party’s business, assets or affairs; or
4. relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:
1. any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into this Agreement as the probable results of the relevant breach, act or omission; and/or
2. without limiting subclause (a), any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.
Consumer Law Rights has the meaning given in clause 15.1.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Feedback means any idea, suggestion, recommendation or request by you or any of your Personnel, your customers, whether made verbally, in writing, directly or indirectly, in connection with the Services.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Harmful Code means any computer program or virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alternation, denial of service, unauthorised access to or disclosure, destruction or corruption of information or data.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights, including any Intellectual Property Rights of third parties), including using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement or the provision of the Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the supply of the Services, whether before or after the date of this Agreement and any improvements, modifications or enhancements of such Intellectual Property, but excludes Our Materials and Your Materials.
Our Materials means all Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Privacy Laws has the meaning given in clause 19.12.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Schedule means the schedule to this Agreement.
Services means the services that we agree to perform under this Agreement, as further particularised in the Schedule.
System means all hardware, software, networks, telecommunications and other IT systems used by a Party from time to time, including a network.
Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by.
Transaction Fee means the cut of the Transaction amount payable to us for facilitating the Transaction.
Your Data means the information, materials, logos, documents, qualifications and other Intellectual Property or data inputted by you, your Personnel into the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with this Agreement. Your Data does not include the Analytics, or any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.
Your Materials means all Intellectual Property owned or licensed by you or your Personnel before the Start Date (which is not connected to this Agreement) and/or developed by or on behalf of you or your Personnel independently of this Agreement and any improvements, modifications or enhancements of such Intellectual Property.