Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

www.linkly.com.au is a website (“Site”) operated by PC-Eftpos Pty Ltd (ACN 099 609 284) and its related entities (“we”, “us” and “our”). By using the Site, you confirm that you accept these terms and our privacy policy, which together govern our relationship with you in relation to your use of the Site. In addition, where you are accessing our Site on behalf of an organisation (for example your employer), you represent and warrant that you are authorised to accept and agree to these terms on behalf of that organisation which will be bound by these terms, and “you” and “your” will be construed accordingly. If you do not agree, you must not use our Site. We will amend these terms from time to time. Your continued use of the Site will constitute your agreement to be bound by the terms as amended.

 

HOW YOU MAY USE OUR CONTENT AND MATERIALS

The contents of this Site, and all materials and all software provided (including but not limited to all text, graphics, artwork, sounds, scripts, images, pictures and photographs, product brochures, user manuals and software) are protected by copyright, trade mark and other intellectual property laws. Copying, reproducing, storing, republishing, uploading, posting, transmitting, distributing in any way, in whole or in part in any form or medium, incorporating into any other work, or such other use of such copyright material without the prior expressed written approval of the copyright owner is an infringement of such rights. All such rights are reserved by us. 

You may print, copy and download extracts of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  

Except as expressly permitted in these terms, any Licence Documentation (as defined below) or in any Services Documentation (as defined below) you must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

PROHIBITED USES

You must not: (a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent; (d) use any device, software or routine that interferes with the proper working of the Site; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (g) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Site.

 

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of any breach of these terms by you, your right to use our Site will cease immediately.

 

SOFTWARE AND SERVICES

To the extent that we make any software available for download via the Site, your use of that software will be governed by separate licence documentation which you will be required to accept prior to download and/or installation of the relevant software (“Licence Documentation”).  Licence Documentation will prevail over these terms in respect of the relevant software to the extent of any inconsistency.

To the extent that we or our affiliates provide you with access to services, your access to and use of such services will be governed by separate terms of services which you will be required to accept when engaging us or our affiliate (as applicable) to provide you with the relevant services (“Services Documentation”). Services Documentation will prevail over these terms in respect of the relevant services to the extent of any inconsistency.

 

EXTERNAL LINKS

Our Site may contain links to other websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You access websites outside of the Site entirely at your own risk and subject to the terms of use for those websites.

 

LIABILITY

All content, materials, software and services that are provided on or via the Site are provided on an “as is” and on an “as available” basis and without warranties or guarantees of any kind whatsoever whether expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, to the extent permitted by law, (including without limitation the Australian Consumer Law). We do not warrant or make any representation that any content, materials, software or services provided on this website are accurate, complete, current, timely, secure, error-free, that defects will be corrected, and/or that the same are free of viruses or anything else that may be harmful. We do not warrant or make any representation regarding the use or the results of the use of the content, materials, software or services in terms of their accuracy, completeness, safety, reliability or otherwise. 

 

In no event will we be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We do not exclude or limit our liability to you where it would be unlawful to do so. Where our liability in respect of any consumer guarantee implied by Australian Consumer Lawcannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

 

You agree to, indemnify us and our personnel for any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information, data or software obtained from the Site and any use of the Site’s content other than as expressly authorised in these terms.

 

YOUR PRIVACY

We are committed to protecting your privacy and we adhere to the national privacy principles established pursuant to the Privacy Act 1988 (Cth). 

Please read our separate privacy policy carefully.

 

GENERAL

If any provision of these terms is found to be invalid or unenforceable, the provision will be deemed severed from the terms and the remainder of the terms will continue in full force and effect.

These terms of use, their subject matter and their formation, are governed by the laws of New South Wales, Australia. You and we both agree that the courts in New South Wales, Australia will have exclusive jurisdiction.

If you have any concerns in relation to materials which appear on our Site, you can contact us at our contact us page. 

Thank you for visiting our Site.

 

Last updated October 2021