Envision – General Terms and Conditions of Use

Agreement

These General Terms and Conditions of Use constitute a bilateral agreement between you and Envision Stock Pty Ltd (Envision). These General Terms and Conditions of Use govern your use of the Envision website (Website) the Envision Stock platform (Platform) and its connected services, whether you are using the Website or the Platform as a creator, buyer or seller.

Please read these General Terms and Conditions of Use carefully. By using the Website and the Platform, you agree to be bound by this agreement and Envision policies, being the Privacy Policy and Submission Guidelines as amended from time to time (Policies).

The Website and the Platform and its connected services are provided “as is” and “as available” without warranty of any kind. By using the Website and the Platform you are accepting sole responsibility for any and all transactions made using the Website and the Platform, including the minting, sale, purchase, swapping and/or exchange of digital assets.

Depending on how you intend to use the Website and the Platform we may send you additional terms and conditions that set out the rules governing the transaction you are seeking to undertake (Transaction Terms). If you participate in or complete a transaction using the Platform, you agree to be bound by and comply with the Transaction Terms (as well as these General Terms and Conditions of Use and the Policies).

We may change or amend this agreement from time to time. If we change or amend this agreement, you will be notified the next time you visit the Website and asked to confirm that you agree to the changed or amended terms. If you do not agree to our changes or amendments, you must immediately stop using the Website, the Platform and its connected services. If you do not do so, you will be taken to have agree to the changes and amendments.

How the Website and Platform work

Envision provides a peer-to-peer service (P2P) via the Platform which enables users to license or sell Intellectual Property Rights of digital assets (which are minted in the form of non-fungible tokens (NFTs)) running on a distributed ledger connected on a decentralised blockchain network (Blockchain). The digital assets that may be licensed or sold on the Platform include, but are not limited to, images, video and music content and AI-generated content.

Envision has created the Platform solely as an interface which allows users to license or sell Intellectual Property Rights of digital assets in the form of NFTs. Users are solely responsible for the safety and management of their own private crypto wallets and validating all transactions and contracts generated by the Website or the Platform before approval. Users must be aware that as the Envision smart contract runs on the Blockchain, there is no ability to undo, reverse, restore, refund or otherwise interfere or alter a transaction which has been undertaken by a user.

The Website and Platform allow you to:

(a) generally, as a user who has created an account, to have access to the Platform whereby users can license or sell Intellectual Property Rights of digital assets in the form of NFTs which are recorded on the Blockchain;

(b) as a creator, to use the Platform to:

(i) create records of Intellectual Property Rights of digital assets in the form of NFTs which are recorded on the Blockchain (to 'Mint’ NFTs);

(ii) offer NFTs containing Intellectual Property Rights of digital assets which you have Minted:

(A) for sale to another user (Purchaser) outright, meaning that you are selling the NFT containing all Intellectual Property Rights you hold as creator or owner of the digital asset; or

(B) for licence to another user (Licensor), meaning that you are granting a licence on terms agreed between you and the Licensor in respect of that NFT containing certain Intellectual Property Rights you hold as creator or owner of the digital asset

(c) as a buyer, the Platform will enable you to purchase Intellectual Property Rights of digital assets in the form of NTFs recorded on the Blockchain from other users who have offered NFTs for sale on the Platform;

(d) as an owner of NFTs, you own the Intellectual Property Rights of digital assets you have purchased in the form of an NFT completely which is stored in your crypto wallet; and

(e) as a seller, the Platform will enable you to offer NFTs which you own:

(i) for sale to another user (Purchaser) outright, meaning that you are selling the NFT together with all Intellectual Property Rights you hold as owner of the digital asset you hold; or

(ii) for licence to another user (Licensor), meaning that you are granting a licence on terms agreed between you and the Licensor in respect of that NFT and certain Intellectual Property Rights you hold as owner of the digital asset.

Envision is not party to nor involved in negotiation or determination of the terms and conditions of sale or licensing of an NFT. To the extent that you do not understand the terms on which you are offering for sale or licence an NFT, you should obtain independent legal advice on the implications of the transaction on your ownership of the NFT and the Intellectual Property Rights.

Privacy and information

Whenever you use the Website and the Platform, whether as a prospective or actual user, public/private key cryptology is used for security purposes, including for the purposes of verifying your identity and/or an electronic or digital signature used to execute a document, as well as the authenticity of a document. This means that certain information may be captured about you for the purposes of verifying your identity and the validity of an electronic or digital signature including: your IP address, the device and browser type you use, the time and date at which you accessed the Website and/or the Platform and the time and date that a signature is inserted into a document and your account ID and password in order to verify your account.

By using the Website and the Platform or by otherwise communicating with Envision, its employees or other users of the Platform by electronic methods, you consent to the use of an electronic or digital signature as a means of executing any document or communication with Envision or other users of the Platform with whom you wish to transact, including when you swap an NFT for the native ERC-20 VIS token. You further acknowledge that you have read, understood, approve of and agree to, the content and information in the document and/or communication to which your electronic or digital signature has been applied.

You acknowledge and accept that you will be responsible for the security of your account ID and password and the use of your electronic or digital signature and accept that Envision is not liable for any use of your account ID, password and/or electronic or digital signature by a third party (whether authorised by you or not). You accept that any use of your electronic or digital signature in any document or communication with Envision will be deemed to have been made by you and as such, you accept that you will be bound by the terms of any document or communication to which your electronic or digital signature has been applied.

How transactions work

Transactions using the Platform may involve one or more users.

A single user transaction is a transaction whereby a creator Mints an NFT. For this transaction, Envision does not change a fee for the Minting of the NFT.

A transaction involving two or more users will be a transaction whereby the owner of an NFT (where the ownership arises as a result of being the creator or having purchased the NFT from another user) sells that NFT or licences that NFT to another user. For this transaction, Envision charges a transaction fee based on the fee schedule set out in the section of these General Terms and Conditions of Use.

Each transaction completed using the Platform will be governed by its own unique set of terms that have been agreed between the users, and may differ from those terms on which the NFT had been offered for sale or licence by a creator or owner. Each transaction is a separate agreement between the users themselves, and Envision is neither parties to, nor involved in, discussions or negotiations concerning that agreement.

The role of Envision in the transaction process is limited to that of providing a P2P service via the platform to enable users to purchase, sell and exchange stock content as Intellectual Property Rights of digital assets (NFTs) running on the Blockchain.

How to transact on the Platform

Information regarding how to transact on the Platform can be found at: https://test1.envisionstock.io....

Any transactions undertaken by you using the Website and the Platform and its associated services are undertaken solely on the terms and understanding you have accepted with the other user. Envision is not party to those dealings and agreements and Envision has no authority or control over the consideration you are paid or you pay to another user.

Users are solely responsible for the safety and management of their own private crypto wallets and validating all transactions and contracts generated by the Website before approval and execution. Users must be aware that as the Envision smart contract runs on the Blockchain, there is no ability to undo, reverse, restore, refund or otherwise interfere or alter a transaction which has been undertaken by a user.

Your account

You agree that any information provided by you on or to the Website and the Platform is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us is or has become untrue, incomplete and inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other rights or remedy available to us, we may limit, suspect or terminate your access to the Website and Platform.

Access to certain parts of the Website and the Platform will require you to register an account with us.

Depending on how you wish to use the Website and the Platform, you may register an account as an:

(a) creator or owner – meaning that you are an individual, business or a company who wishes to use the Website and the Platform and its associated services to offer Intellectual Property Rights of digital assets in the form of NFTs for sale or licence; or

(b) buyer, seller or general user – meaning that you are an individual, business or a company who wishes to use the Website and the Platform to view Intellectual Property Rights of digital assets offered for sale in the form of NFTs on the Platform and communicate with other users of the Platform (whether as a creator, owner, buyer or seller) and to purchase, sell and/or swap Intellectual Property Rights of digital assets in the form of NFTs for the native ERC-20 VIS token.

Certain specific terms and conditions will apply to users who register an account or wish to use the Platform as a:

(a) creator - these additional terms and conditions are set out in the section titled ‘Creator Special Conditions’ below; and

(b) seller – these additional terms and conditions are set out in the section titled ‘Selling Special Conditions’ below.

Account security

You are responsible for keeping your user name and password secure. You agree to take all responsibility for all activities that take place under your account and to notify us immediately upon you becoming aware of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your account or a breach of security.

Certain aspects of this Website may be governed by additional terms and conditions. If you register an account as an Minter we may send you additional terms and conditions that set out the rules governing your use of the Website (Additional Terms). You agree to comply with any such further terms and with any relevant laws that apply to your use of that aspect of the Website.

Special Conditions

Creator Special Conditions

If you are using the Platform as a creator to offer Intellectual Property Rights of digital assets in the form of NFTs for sale or licence, you make the following representations and warranties in doing so:

(a) you are the legal and beneficial owner of the Intellectual Property Rights of digital assets which have been Minted by you in the form of an NFT;

(b) by Minting the Intellectual Property Rights of digital assets in the form of an NFT and offering that NFT for sale or licence you have not infringed the intellectual property of any other person;

(c) you have the right to assign all right, title and interest in and to the Intellectual Property Rights of digital assets;

(d) you do not have notice of any challenge to the validity of any of the Intellectual Property Rights of digital assets and you not aware of any actual, suspected or threatened claim in relation to any of the Intellectual Property Rights of digital assets;

(e) upon the assignment of the Intellectual Property Rights of digital assets, no person other than the person to whom the NFT has been sold has a right to, or may benefit from, any of the Intellectual Property Rights of digital assets;

(f) you have not granted and will not grant to any person apart from the proposed assignee, any interest in the Intellectual Property Rights of digital assets whether by way of assignment, licence, encumbrance or otherwise;

(h) there is no encumbrance over any of the Intellectual Property Rights of digital assets;

(i) you have full legal capacity and power to carry out the transactions contemplated by your use of the Platform;

(j) you have taken all action necessary to authorise the carrying out the transactions contemplated by your use of the Platform; and

(k) your use of the Website and the Platform does not constitute a breach of any obligation, or cause or result in a default under any agreement, or encumbrance, by which you are bound and that would prevent it from entering into and performing its obligations under this agreement.

The representations and warranties in this section are taken to be repeated on each day on which the creator host an NFT on their account for sale and apply independently to each NFT listed on their account.

Selling Special Conditions

If you are using the Platform as an owner of Intellectual Property Rights of digital assets in the form of NFTs and to offer those NFTs for sale or licence, you make the following representations and warranties in doing so:

(a) you are the legal and beneficial owner of the Intellectual Property Rights of digital assets which have are owned by you in the form of an NFT;

(b) by offering an NFT for sale or licence you have not infringed the intellectual property of any other person;

(c) you have the right to assign all right, title and interest in and to the Intellectual Property Rights of digital assets;

(d) you do not have notice of any challenge to the validity of any of the Intellectual Property Rights of digital assets and you not aware of any actual, suspected or threatened claim in relation to any of the Intellectual Property Rights of digital assets;

(e) upon the assignment of the Intellectual Property Rights of digital assets, no person other than the person to whom the NFT has been sold has a right to, or may benefit from, any of the Intellectual Property Rights of digital assets;

(f) you have not granted and will not grant to any person apart from the proposed assignee, any interest in the Intellectual Property Rights of digital assets whether by way of assignment, licence, encumbrance or otherwise;

(h) there is no encumbrance over any of the Intellectual Property Rights of digital assets;

(i) you have full legal capacity and power to carry out the transactions contemplated by your use of the Platform;

(j) you have taken all action necessary to authorise the carrying out the transactions contemplated by your use of the Platform; and

(k) your use of the Website and the Platform does not constitute a breach of any obligation, or cause or result in a default under any agreement, or encumbrance, by which you are bound and that would prevent it from entering into and performing its obligations under this agreement.

The representations and warranties in this section are taken to be repeated on each day on which the user hosts an NFT on their account for sale and apply independently to each NFT listed on their account.

Types of licences

Users of the Platform who purchase digital assets in the form of NFTs are acquiring certain rights to use the NFT and the Intellectual Property Rights, depending on whether the digital assets are purchased exclusively or non-exclusively.

A summary of the features of the different licences conferred on the holder of an NFT, depending on whether a royalty fee licence or exclusive rights licence is purchased, is set out below:

Features	Royalty Free Licence	Exclusive rights licence
Type of digital asset	NFT	NFT plus underlying intellectual property rights
Exclusivity	Non-exclusive licence	Full exclusivity
Transferability	Non-transferable	Full transferability
Assignment	The licence cannot be assigned by the owner	Fully assignable by the owner
Licencing and sub-licencing	No, the NFT cannot be licenced or sub-licenced by the owner	Full control over licencing; holder may licence or sub-licence NFT
Royalties	No, the NFT cannot be used to earn royalties	Yes, the holder of this NFT may licence or sub-licence the NFT to earn a royalty
Description of licence	The holder of this NFT is granted a non-exclusive, non-transferable and non-assignable licence to download, use and exploit this NFT as the holder sees fit	The holder of this NFT is granted unfettered and exclusive ownership rights of the NFT and the underlying intellectual property rights
Proof of purchase	Proof of purchase of the NFT is recorded on Ethereum blockchain in the holder’s wallet	Proof of purchase of the NFT and the underlying intellectual property is recorded on the Ethereum blockchain in the holder’s wallet

Acknowledgements and risk

NFTs

You acknowledge and agree that:

(a) the NFTs on the Platform have not been created and are not owned by Envision and Envision is not liable for any breach by another user of:

(i) the terms and conditions on which they have agreed to use the Website and Platform and its associated services, including these General Terms and Conditions of Use and the Policies; or

(ii) the terms on which you have transacted with another user of the Website and Platform;

(b) NFTs are not intended for speculative use, are not sold or represented to be financial product and nothing we publish is in any way financial advice to you or any other person;

(c) NFTs may experience extreme price volatility, including being worthless in the future;

(d) we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person;

(e) you are solely responsible for any decision to enter into a transaction with another user, including the evaluation of any and all risks related to any such transaction;

(f) a significant degree of information technology sophistication is required to safely deal in and store NFTs of any kind using a crypto wallet;

(g) we are not a custodian for the purposes of the Corporations Act, and transfers of any NFTs are for transaction purposes only;

(h) all transactions entered into and conducted using the Website and Platform are deemed to have occurred within the jurisdiction of Western Australia;

(i) Envision will not be responsible for any loss caused by your failure to act in accordance with our policies, procedures or in accordance with our reasonable directions;

(j) you purchase NFTs entirely at your own risk and understanding we have not made any representations or warranties as to the IT security or ongoing availability of such NFTs or that your access to use your NFTs will be uninterrupted, timely or secure at all times;

(k) you understand and acknowledge that your ownership of NFTs remains contingent upon you remaining in control of the seed phrases and private key associated with your crypto wallet and that we will not store any information in connection with your crypto wallet beyond that required for the sale of NFTs;

(l) we do not and cannot guarantee there will be any use for, or any particular price available for any NFT you purchase using the Website and Platform; and

(m) we do not represent or guarantee any outcomes, or any financial return from your acquisition or disposal of any NFT from another user of the Website and the platform.

VIS token

The core functionality of the VIS token includes:

(a) 0.2% of all VIS transactions are burnt; and

(b) 0.5% of all VIS transactions are sent to Envision team wallet to be used for liquidity.

VIS token utility includes:

(a) staked VIS tokens provides Users will access to premium features;

(b) staked VIS tokens removes certain Envision fees for the User;

(c) VIS is the only form of payment for NFT’s on the Platform; and

(d) VIS is used as payment to access premium features and products.

Detailed information regarding the VIS token, its use case, tokenomics and features can be found at: https://about.envisionstock.io....

You acknowledge and agree that:

(a) VIS tokens are not intended for speculative use, are not sold or represented to be financial product and nothing we publish is in any way financial advice to you or any other person;

(b) VIS tokens may experience extreme price volatility, including being worthless in the future;

(c) we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person;

(d) you are solely responsible for any decision to enter into a transaction with another user, including the evaluation of any and all risks related to any such transaction;

(e) a significant degree of IT sophistication is required to safely deal in and store VIS tokens in a crypto wallet;

(f) you are solely responsible for ensuring the security and maintenance of a crypto wallet you use to store VIS tokens

(g) when you acquire VIS tokens, whether by swapping recognised currency or receiving VIS tokens as part of a transaction, you acquire the VIS tokens entirely at your own risk and understanding we have not made any representations or warranties as to the value of such VIS tokens;

(h) you understand and acknowledge that your ownership of VIS tokens remains contingent upon you remaining in control of the seed phrases and private key associated with your crypto wallet and that we will not store any information in connection with your crypto wallet beyond that which we require to operate the Platform effectively;

(i) we do not and cannot guarantee there will be any use for, or any particular price available for a VIS token you acquire using Platform or by any other means; and

(j) we do not represent or guarantee any outcomes, or any financial return from your acquisition or disposal of any VIS tokens; and

(k) the acquisition and disposal of VIS tokens may have tax consequences in your country of residence and Envision takes no responsibility for a failure on your part to comply with the laws and regulations in your country of residence in respect of the acquisition and disposal of VIS tokens.

Intellectual property

Website

All Intellectual Property Rights in:

(a) the Website, including the Envision logo, all website design, text, graphics, software, photos, music, sounds, AI-generated Content, underlying source code and software; and

(b) the Platform and its associated services,

are owned by or licensed to Envision and you must not, and must not attempt to, obtain or register ownership or title to any such Intellectual Property Rights. Nothing in this agreement, nor on the Website or the Platform, constitute a transfer or licence of any such Intellectual Property Rights to you.

To the extent that any person other than Envision purports to claim ownership of any Intellectual Property Rights in relation to the Website, the Platform and its associated services such claim will be invalid and will constitute an immediate breach of these General Terms and Conditions of Use. Envision reserves the right to take any such action is deems necessary to protect the Intellectual Property Rights it holds in relation to the Website, the Platform and its associated services, including, but not limited to, taking any action described in the ‘Suspension, termination and removal’ section below.

For the purposes of these General Terms and Conditions of Use, ‘Intellectual Property Rights’ means all intellectual property and proprietary rights (whether registered or unregistered) including drawings, technical data, metadata, design rights and all other intellectual property rights as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1 July 1967 as amended from time to time.

Content and licence

We do not hold any ownership rights or Intellectual Property Rights over digital assets (including AI-generated Content) which are hosted on the Platform, including those which:

(a) as a creator or owner, you have Minted on the Platform; or

(b) as a buyer, that you have purchased from another user on the Platform; or

(c) as a seller, that you have sold or licenced to another user on the Platform.

As set out elsewhere in these General Terms and Conditions of Use, the Website and the Platform and its associated services operate to enable users to upload and buy, sell and license Intellectual Property Rights of digital assets in the form of NFTs.

Envision acts only as the provider of the Platform by which these transactions can occur. Envision itself is not involved in and takes no responsibility for the transactions which are completed by users of the Platform.

Notwithstanding the above, by uploading content to the Website and the Platform, you grant to Envision the unfettered right and licence to:

(a) do all things and acts necessary to ensure the content that you have uploaded is hosted on the platform and visible to other users in a manner compliant and consistent with the ‘Submission Guidelines’ and quality and control mechanisms used by Envision for the Website and the Platform from time to time; and

(b) use, edit, modify, prepare derivative works of, reproduce, publish, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully utilise such content and your Intellectual Property Rights in that content in connection with the:

(i) Website and the Platform and the associated services; and

(iv) promoting, marketing, and redistributing part or all of the Website and the Platform in any media formats and through any media channels (including, without limitation, third-party websites).

AI-generated Content

AI-generated Content is content generated with third-party artificial intelligence tools including, but not limited to, tools such as DALL-E, Stable Diffusion and Midjourney and other similar tools (AI-generated Content). Subject to these General Terms and Conditions of Use, Envision and you, you are not allowed to sell or to licence the AI-generated Content on the Website and the Platform unless you own all intellectual property in and to the AI-generated Content.

Privacy policy

You agree that we may use your personal information as set out in the Privacy Policy, as amended from time to time and accessible on the Website https://envisionstock.io/suppo.... By using the Website and the Platform and its associated services, you accept and agree to comply with the Privacy Policy.

Disclaimers, Limits of Liability and Indemnities

To the fullest extent permitted by law:

(a) all warranties, representations and guarantees (whether express or implied) are excluded, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Website or the Platform or its associated services, its content or the content of any website linked to or from the Website or the Platform or its associated services;

(b) Envision and its employees, officers, agents and contractors are, to the extent permitted by law, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with these Terms or this Website, any information downloaded from this Website, or your use of or access to (or inability to use or access) this Website. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and

(c) to the extent that liability has not been or may not be excluded under these Terms, our total liability to you under or in connection with these General Terms and Conditions of Use, the Website and the Platform, content purchased or sold using the Website, information downloaded from the Website, or your use of or access to (or inability to use or access) this Website will not exceed A$500 for Australian resident users and Overseas users.

Indemnity

You agree to indemnify and keep indemnified Envision, its related bodies corporate (as defined in the Corporations Act), and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss, and including damage or loss arising in contract, tort (including negligence), statute or otherwise), liabilities, costs, debts and expenses (including legal fees and costs) arising from or as a result of or relating to your use of the Website or any of the Services (whether as a creator, buyer or seller or otherwise) or any information you provide to us, including a breach of this Agreement or the Additional Terms, or any of the representations, warranties or promises you give in this Agreement or in the Additional Terms, or any violation of applicable law or court order.

Third party content and links

The Website and the Platform contain content (including, for the avoidance of doubt, digital stock media content) provided by other persons and may include links to other websites. The inclusion of any content provided by any other person and the inclusion of links to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of that content or those sites. We take no responsibility and will not be liable for any damage, loss or harm arising out of the inclusion of such content or links on the Website and the Platform nor will Envision be liable in respect of any loss or damage suffered by a user as a result of the use, publication or exploitation of such content or links.

Reliance on information

No reliance

No part of the Website or the Platform is intended to constitute advice by us. We are not liable or responsible for any reliance placed on the Website or the Platform, and the contents of the Website, by you or anyone who you may inform of its contents. We make no guarantee of any specific results from the use of the Website and the Platform. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this Website, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.

Risk acknowledgement

The sale and purchase and swapping of VIS tokens and cryptocurrency are particularly risky and may result in total loss of capital. The roadmap proposed for a network (i.e., "white paper") is subject to change or implementation failure. An implemented network may not be adopted, resulting in its tokens having low or no value. Past performance of a network or a cryptocurrency is not indicative of similar future patterns. Only sophisticated users who understand the risks of speculative investing in new asset classes may participate on this platform. Consumers should understand the risks involved, including the potential for loss of value of the underlying VIS token, before using the platform.

Suspension, termination and removal

Envision may in its sole discretion and without notice:

(a) suspend the Website and the Platform and its associated services;

(b) cancel, reject or suspend your account;

(c) take down or block access to your content or page by other users or your access to your content or page;

(d) remove, edit or modify anything which appears on the Website, the Platform or its associated services,

in the following cases:

(e) you breach or do not comply with this agreement or the Policies;

(f) we suspect on reasonable grounds that you have breached or might or will breach any term of this agreement or the Policies;

(g) in cases where Envision suspects fraud or error;

(h) in cases where Envision suspects that there has been misuse of the Website or the Platform or the associated services or use of the Website or the Platform or the associated services to conduct any illegal activity;

(i) we are required to do so by law or by order of ASIC or any other regulatory body; or

(j) for any other reason (whether or not it relates to you or your conduct).

We may in our sole discretion permanently or temporarily prevent or terminate your use of the Website or the Platform or the associated services, or terminate this agreement with you, whether as a creator, buyer, seller or otherwise.

You may terminate this agreement at any time by emailing us at [email protected] and requesting termination.

If this agreement is terminated for any reason, the termination will not affect any rights to ownership or licencing which you have sold prior to termination.

Even after termination of this agreement, you continue to be bound by the terms and conditions on which the transaction was made.

General matters

Relationship between us and you

This agreement does not create a relationship of employment, trust, agency or partnership between Envision and you.

Entire agreement

This agreement, together with the Policies and the Additional Terms, constitute the entire agreement between you and us in connection with its subject matter and supersede all previous agreements or understandings between you and us in connection with their subject matter.

Severability

If the whole or any part of a provision of this Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of this Agreement is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

No waiver

Envision does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by us of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by us.

Event beyond our control

Envision is not liable for any breach of its obligations under this agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including lightning, fire, flood, severe weather, strike, lock-out, labour dispute, pandemic, act of God, war, riot, civil commotion, malicious damage, or failure of any telecommunications, satellite, computer, global positioning system, internet or blockchain.

No assignment

You may not assign or transfer or delegate or otherwise deal with any of your rights or obligations under this Agreement. Envision has the right to assign, delegate or otherwise deal with all or any of its rights or obligations under this agreement to any person.

Governing Law

This agreement will be governed by and construed in accordance with the law for the time being in force in Western Australia and the parties, by entering into this agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.