Linqk Australia Pty Ltd Terms of Use
The Linqk Website is operated by Linqk Australia Pty Ltd (“we”, “us”, “our” or “Linqk”). The following terms apply to your use of and access to the Linqk Website, as well as any electronic transmission sent, received, posted, accessed, or stored via the Linqk Website (including without limitation) wireless web, data, and messaging services; Internet services; and internal email network for communicating with Linqk, its related entities, affiliates, franchisees, employees, agents and consultants. Linqk products and services offered through the Linqk Website have additional terms and conditions and govern in addition to and in the event of any inconsistency with the terms below.
- Policy and Agreement
1.1
In addition to other agreements that you have entered into or may from time to time enter into between you and Linqk, these terms explain the policies that govern your access to and use of the Linqk Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
1.2
By accessing or using the Linqk Website, you agree to these terms (collectively the "Policy and Agreement"), as modified by Linqk from time to time. If you do not agree to accept and comply with this Policy and Agreement, then you are not permitted to access or use the Linqk Website. If you do access and use the Linqk Website, you are invited to view Linqk products and services (including without limitation) Voice over Internet Protocol (“VoIP”) and other forms of telecommunications modems, routers, handsets and devices (“Linqk Devices”) and local, domestic and international VoIP telephony call rates and charges for VoIP services, including subscription plans for the same (“Linqk Services”), which we may offer and make available from time to time.
1.4
You hereby expressly agree that if you are under 18 years of age, you have obtained a parent / guardians consent prior to accessing and using the Linqk Website. If you are an employee of a company or other entity, you expressly agree that you are authorised by your employer (the "Company") to use and access the Linqk Website.
1.5
If you decide to purchase Linqk Devices or enter into a contract to subscribe to Linqk Services directly from the Linqk Website, you expressly agree that you are over 18 years of age, are of legal capacity to enter into contracts, are not under duress or have been coerced by Linqk and where acting on behalf of a third party or Company, have obtained express consent and are authorised to bind them to a contractual relationship with Linqk and enter into the Linqk Terms of Service agreement for the provision of Linqk Services.
1.6
Linqk reserves the right to add, change and/or introduce and offer new Linqk Devices and Linqk Services on the Linqk Website and amend, modify or substitute the Linqk Terms and Conditions of Service relating to the same at anytime and in its sole and absolute discretion.
- Links to Third Party Websites
2.1
The Linqk Website may from time to time contain links to other websites that are maintained by third parties over which Linqk has no control. These links are provided for convenience only and use of these links will cause you to leave the Linqk Website. The use of third-party websites is entirely at your own risk. Linqk makes no representation or warranty (expresses or implied) concerning any third party website or the information, products or services offered or appearing on or through those websites. Linqk does not sponsor or endorse the operators of third party websites or the content, products or services they provide. Linqk is not responsible or liable for the conduct of third party website operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at those websites.
- Illegal or Harmful Use
3.1 You must not:
(a) Access and use the Linqk Website for unlawful purposes or post or transmit to or via the Linqk Website any information or materials which breach any laws or regulations; infringe a third party's rights; are contrary to any relevant standards or codes; interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying the Linqk Website;
(b) Use the Linqk Website to send unsolicited electronic mail messages to anyone; distribute, publish, or send unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); unsolicited informational announcements; chain mail and/or numerous copies of the same or substantially similar messages; empty messages; messages which contain no substantive content; or very large messages or files that disrupt a server, account, newsgroup, or general operation of the Linqk Website;
(c) Make any fraudulent or speculative enquiries, bookings, reservations, representations or requests using the Linqk Website;
(d) post, or transmit via the Linqk Website or the Services, any obscene, indecent, inflammatory, pornographic, illicit or unlawful material or material that could give rise to civil or criminal proceedings;
(e) Tamper with, hinder the operation of or make unauthorised modifications to the Linqk Website;
(f) Knowingly transmit any virus, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, personal information or hijack, restrict or hinder the normal operation of the Linqk Website; and
(g) Attempt any of the above acts or permit another person to do any of the above acts.
- Security and Integrity
4.1
You may not violate the security of the Linqk Website in any way. Such violations may result in criminal or civil liability. Linqk may cooperate with law enforcement where criminal or unauthorized activity is suspected. By your using the Linqk Website or sending, receiving, posting, accessing, or storing any electronic transmission on or via the Linqk Website, you agree to cooperate, as well, in any such investigation.
4.2
Examples of security violations include, without limitation:
4.2.1
Unauthorised access to or use of secure data or systems, including any attempt to probe, scan or test the vulnerability of the Linqk Website or to breach security or authentication measures;
4.2.2
Unauthorised monitoring of data or traffic on and between the Linqk Website and any lawful user or customer;
4.2.3
Interference with or to any user, customer or host of the Linqk Website, (including without limitation), denial-of-access, attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks;
4.2.4
Using any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier;
4.2.5
Using manual or electronic means to avoid any limitations established by Linqk or attempting to gain unauthorised access to, alter, or destroy any information that relates to any Linqk customer or other end-user. Linqk may, but is not obligated to, take any action it deems necessary to protect the Linqk Website, its rights or the rights of its customers or third parties, or optimize or improve the Linqk Website, systems, and equipment. You expressly understand and agree that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Linqk Website. Linqk may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
- Investigation and Enforcement of the Policy and Agreement
5.1
All users of the Linqk Website must adhere to the terms of this Policy and Agreement. Linqk reserves the right to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.
5.2
You expressly understand and agree:
5.2.1
That Linqk reserves the right to access and disclose any information (including transactional information) related to your access and use of the Linqk Website for any lawful reason (including but not limited to); (i) responding to emergencies;' (ii) complying with the law (e.g., a lawful subpoena); or (iii) protecting our rights or property and those of our customers.
5.2.2
INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
- Disclaimer of Warranties and Liability
6.1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE LINQK WEBSITE OR THIRD PARTY WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE LINQK WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." LINQK, ITS PARENT AND HOLDING COMPANIES, SUBSIDIARIES, GROUP COMPANIES, SHAREHOLDERS, OFFICERS, DIRECTORS, LICENSEES, FRANCHISEES, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS AND CONSULTANTS (“LINQK PARTIES”) DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE LINQK WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. LINQK DOES NOT GUARANTEE THAT THE LINQK WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LINQK AND THE LINQK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE LINQK WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, FORESEABLE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY AGREE THAT THE AGGREGATE LIABILITY OF LINQK AND THE LINQK PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY LINQK WEBSITE IS NIL IN ANY INTERNATIONAL CURRENCY OR MONETARY DENOMINATION.
- Governing Law
7.1
This Agreement and the relationship between Linqk and you is governed by the laws of the State of Queensland.
- Indemnification
8.1
You expressly understand and agree that you will indemnify, defend and hold harmless Linqk and the Linqk Parties from and against all claims, liabilities, losses, expenses, damages and costs (including all solicitor, court and other legal fees on a full indemnity basis) that arise from: (i) any violation of this Policy and Agreement by you; (ii) any violation of any rights of a third party by you; (iii) any violation of applicable law; (iv) information or content that you submit, post, transmit or make available through the Linqk Website; or (v) your use of the Linqk Website.
- Modification of the Policy and Agreement
9.1
Linqk reserves the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.linqk.com.au . You expressly agree to the Policy and Agreement by accessing, using or by sending any electronic transmission to the Linqk Website.
- Privacy Policy
10.1
Linqk respects the privacy of visitors to the Linqk Website. Please take a few minutes to review the Linqk Privacy Policy and Statement.
- Miscellaneous
11.1
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Linqk may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
© Linqk Australia Pty Ltd. All rights reserved.
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