ZLINKY TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the Zlinky website, apps, APIs and widgets (“Zlinky” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Zlinky, you agree to be bound by these Terms, and our Privacy Policy.
1. About the Application
1.1. Welcome to Zlinky (the ‘Application’). The Application provides unified link management functionality (the ‘Services’).
1.2. The Application is operated by Ukufu Pty Ltd (ACN 635 189 874). Access to and use of the Application, or any of its associated Products or Services, is provided by Zlinky. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services immediately.
1.3. Zlinky reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Zlinky updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend that you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Zlinky in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through the Application (the ‘Account’).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details).
3.3. You warrant that any information you give to Zlinky in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Zlinky; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Zlinky of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Zlinky providing the Services;
(e) you will not use the Services or the Application in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Zlinky;
(f) you will not use the Services or Application for any illegal and/or unauthorized use.
5. Payment
5.1. Where the option is given to you, you may make payment for the Services (the ‘Services Fee’).
5.2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
6. Refund Policy
6.1. Zlinky will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Zlinky makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’). The maximum amount eligible to be refunded for a one month period.
7. Copyright and Intellectual Property
7.1. The Application, the Services and all of the related products of Zlinky are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Zlinky or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Zlinky, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(c) print pages from the Application for your own personal and non-commercial use.
Zlinky does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Zlinky.
7.3. Zlinky retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4. You may not, without the prior written permission of Zlinky and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
8. Privacy
8.1. Zlinky takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Zlinky’s Privacy Policy, which is available on the Application and at zlinky.com/privacy.
9. Security
9.1. While we work to protect the security of your content and account, we can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
10. Your Content
10.1. Zlinky allows you to save content, including photos, comments, links and other materials. Anything that you post or otherwise make available on Zlinky is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to Zlinky.
10.2. Prohibited content:
(a) Saving adult, or pornographic content into Zlinky will result in the immediate termination of your Zlinky account.
(b) Saving misinformation, disinformation, mal-information into Zlinky will result in the immediate termination of your Zlinky account.
(c) Saving content containing graphic violence and/or threats into Zlinky will result in the immediate termination of your Zlinky account.
(d) Saving content that displays, rationalises or encourages suicide, self-harm, eating disorders or substance abuse into Zlinky will result in the immediate termination of your Zlinky account.
(e) Saving hateful content into Zlinky will result in the immediate termination of your Zlinky account. Hateful content includes but is not limited to i) Support for hate groups and people promoting hateful activities, prejudice and conspiracy theories, ii) Slurs or negative stereotypes, caricatures and generalizations.
10.3. We reserve the right to remove or modify User Content, or change the way it’s used, for any reason. This includes User Content that we believe violates these Terms, or any other policies.
10.4. Following termination or deactivation of your account, or if you remove any User Content from Zlinky, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes.
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Zlinky will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Zlinky make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Zlinky) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
(c) costs incurred as a result of you using the Application, the Services or any of the products of Zlinky; and
(d) the Services or operation in respect to links which are provided for your convenience.
12. Competitors
12.1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Zlinky. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Zlinky will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. Limitation of liability
13.1. Zlinky’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2. You expressly understand and agree that Zlinky, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by Zlinky as set out below.
14.2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing Zlinky with 30 days’ notice of your intention to terminate; and
(c) closing your accounts for all of the services which you use, where Zlinky has made this option available to you.
Your notice should be sent, in writing, to Zlinky via contact@zlinky.com
14.3. Zlinky may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) Zlinky is required to do so by law;
(d) the provision of the Services to you by Zlinky is, in the opinion of Zlinky, no longer commercially viable.
14.4. Subject to local applicable laws, Zlinky reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Zlinky’s name or reputation or violates the rights of those of another party.
15. Indemnity
15.1. You agree to indemnify Zlinky, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or[1]
(c) any breach of the Terms.
16. Dispute Resolution
16.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the conflict resolution service or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Australian Commercial Disputes Centre, New South Wales, Australia.
