These terms and conditions of use (the "Agreement") is a legal contract between the Customer ("you", "your", the "user", etc) and linqz.io" ("we", "us", "our"). This Agreement and any other terms notified to you in respect of the linqz.io services governs your access to and use of the services. Please read this Agreement carefully and completely before using linqz.io services.
The Agreement governs your purchase and use of linqz.io services, whether fee-based or free of charge, offered on the linqz.io website and all related websites, extensions, apps, domains, subdomains and other materials (the "Service" or "Services" or "Site"). Your use of the Services is conditional upon your acceptance of this Agreement.
If you are using the linqz.io Services on behalf of your company, you represent and warrant that you are duly authorised by your organisation to enter into this Agreement on its behalf. You also represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances, use the Services.
linqz.io may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any Applicable Law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
By using or registering for a linqz.io Service, you fully and completely agree to these terms and conditions (or "Terms of Use") and the linqz.io Privacy Statement https://www.linqz.io/p/privacy-policy.html without any exceptions. You agree to accept notices electronically. Each time you use a linqz.io Service, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the linqz.io Services. You cannot use or sign up for linqz.io Services until you have accepted these Terms of Use.
Since this is a binding legal agreement between you and linqz.io, please print a copy of this Agreement for your records.
1. Information about us
- 1.2. If you have any questions about this Agreement, the Privacy Statement, the Cookie Policy and any other terms or conditions on the linqz.io Services, please contact us at https://www.linqz.io/p/contact-us.html .
2. Definitions
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2.1. "Applicable Law" means any:
- (a) law including any statute, statutory instrument, bye-law, order, regulation, directive, treaty, decree, decision (including any judgment, order or decision of any court, regulator or tribunal);
- (b) legally binding rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body; and/or
- (c) legally binding industry code of conduct or guideline, in force from time to time and which relates to this Agreement and/or the provision of the Services;
- 2.2. "Authorised Users" means those employees, agents, clients and independent contractors your entity who are authorised by you to use the Services and the Documentation;
- 2.3. "Data" means any data in respect of the Services provided;
- 2.4. "Documentation" means all documents, demonstration materials, webinars, system user guides or other documentation and manuals made available to you by linqz.io online via https://www.linqz.io or such other web address or other means notified by linqz.io to you from time to time which sets out a description of the Services and the user instructions for the Services;
- 2.5. "Intellectual Property Rights" means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other Intellectual Property Rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;
- 2.6. "Software" means the online software applications provided by linqz.io as part of the Services;
- 2.7. "Subscription Fees" means the subscription fees payable by you to linqz.io for the User Subscriptions; and
- 2.8. "User Subscription" means the user subscriptions purchased by you pursuant to this Agreement which entitle Authorised Users to access and use the Services and the Documentation in accordance with this Agreement.
3. linqz.io obligations
- 3.1. linqz.io undertakes that the Services will be performed with reasonable skill and care.
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3.2. The undertaking at Clause 3.1 shall not apply to the
extent of any non-conformance which is caused by use of the
Services contrary to linqz.io's instructions, or failure by
you to maintain the necessary environmental conditions for
use of the Services, or modification or alteration of the
Services by any party other than linqz.io or linqz.io's duly
authorised contractors or agents. If the Services do not
conform to the foregoing undertaking, linqz.io will, at its
expense, use all reasonable commercial endeavours to correct
any such non-conformance, or provide you with an alternative
means of accomplishing the desired performance. In any event
linqz.io does not represent or warrant that any such
correction or substitution will be provided or provided
within a specified period. Such correction or substitution
constitutes your sole and exclusive remedy for any breach of
the undertaking set out in Clause 2.1. Notwithstanding the
foregoing, linqz.io:
- 3.2.1. does not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by you through the Services will meet your requirements; and
- 3.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of Data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- 3.3. This Agreement shall not prevent linqz.io from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
4. Your obligations
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4.1. You undertake to:
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4.1.1. provide linqz.io with:
- (a) all necessary co-operation and assistance in relation to this Agreement; and
- (b) all necessary access to such information as may be required by linqz.io, in order to provide the Services, including but not limited to Data, security access information and configuration services;
- 4.1.2. comply with all Applicable Laws and regulations with respect to your activities under this Agreement;
- 4.1.3. carry out all your other responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed between you and linqz.io, linqz.io may adjust any agreed timetable or delivery schedule as reasonably necessary;
- 4.1.4. ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of this Agreement and shall be responsible for any Authorised User's breach of this Agreement;
- 4.1.5. obtain and shall maintain all necessary licences, consents, and permissions necessary for linqz.io, its contractors and agents to perform their obligations under this Agreement, including without limitation the Services;
- 4.1.6. ensure that your network and systems comply with the relevant specifications provided by linqz.io from time to time;
- 4.1.7. keep a full back-up copy of all of your Data including for maintenance purposes or make alternative business continuity arrangements ; and
- 4.1.8. be solely responsible for ensuring that appropriate environmental conditions are maintained for its receipt and use of the Services, procuring and maintaining your network connections and telecommunications links from your systems to linqz.io's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
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4.1.1. provide linqz.io with:
5. Changes to Terms and Conditions
- 5.1. In the event that linqz.io makes material changes to these Terms of Use, all current linqz.io customers, whether free or paid, will be notified via email at least 30 days before the modified terms of use go into effect. linqz.io will email users on at least one of the email address(es) provided by each user (if any) and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date.
- 5.2. You agree to the new posted Terms of Use by continuing your use of the linqz.io Services. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using linqz.io Services and cancel your registration.
6. Requirements for Use or Registration of linqz.io Services
- 6.1. The linqz.io Services are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. linqz.io Services may require the user to register and provide certain personal information to linqz.io, such as name, e-mail address, gender, date of birth, phone number ("Personal Information"). If you register for any linqz.io Services, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
- 6.2. The linqz.io Privacy Statement explains how linqz.io collects and uses Personal Information. You give consent to linqz.io to use your Personal Information under the terms of the linqz.io Privacy Statement.
7. You may use linqz.io Services for lawful purposes only
- 7.1. linqz.io expressly forbids the use of the service for the purpose of tracking spam-related material. Please review our anti-spam policy for more information.
- 7.2. linqz.io, at its sole discretion, may accept or reject for any reason, you as a customer of the Services. If you are accepted by linqz.io as a customer of the Services, as a condition to the access and use of any of the Services offered by linqz.io in the Site, your right to access the Site and the Services is subject to any limits established by linqz.io. For every usage over a given limit, linqz.io reserves the right to charge you an additional fee.
- 7.3. You (and shall procure that your Authorised Users and each of them) shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
- 7.3.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- 7.3.2. facilitates illegal activity;
- 7.3.3. depicts sexually explicit images;
- 7.3.4. promotes unlawful violence;
- 7.3.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- 7.3.6. in a manner that is otherwise illegal or causes damage or injury to any person or property. You acknowledge that you are solely responsible for ensuring that your use (and the use of your Authorised Users) of the Services does not infringe this Clause 7.3 and linqz.io shall not be obliged to concern itself with your use of the Service; however, linqz.io reserves the right, without liability or prejudice to its other rights to you, to disable your access if linqz.io becomes aware of any use of any material that breaches the provisions of this Clause.
- 7.4. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by linqz.io, if any, authorized in advance and in writing by linqz.io. You agree that you will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on linqz.io's infrastructure, as determined by linqz.io.
8. linqz.io Account
- 8.1. Full use of the linqz.io Site requires that you create a linqz.io account on our website by providing us with a valid email and strong password. Your account will be created once you complete a registration form in accordance with the instructions provided.
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8.2. In relation to your account, you represent and
undertake that:
- 8.2.1. all required information you submit is truthful and accurate and you will maintain the accuracy of such information;
- 8.2.2. you will not allow any linqz.io account profile to be used by any other unregistered user;
- 8.2.3. you shall keep a secure password for use of the linqz.io account, that such password shall be changed as frequently as is required by linqz.io in its absolute discretion, and that you shall keep the password confidential;
- 8.2.4. you shall permit linqz.io or any of its licensors and/or agents to audit the account in order to establish compliance with this Agreement; and
- 8.2.5. if any of the audits referred to above reveal that any password has been provided to any individual who is not registered to a linqz.io account, then without prejudice to linqz.io's other rights, you shall promptly disable such passwords and linqz.io shall not issue any new passwords to any such individual.
- 8.3. linqz.io, its licensors and/or its agents are not liable for any costs, expenses, liabilities, losses or damages caused by your failure (or the failure of anyone in your organisation) to maintain the confidentiality of your linqz.io account credentials. It is your sole responsibility to keep your linqz.io account information up to date in your account settings.
- 8.4. linqz.io reserves the right, without liability to you, to disable your access to your linqz.io account or to any material on the Site if you are and/or linqz.io suspects that you are failing to comply with any of the provisions of these Agreement or any actual or suspected illegal or improper use of the Site as a result of any breach of the provisions of this Agreement.
9. Changes to the Services
linqz.io has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the linqz.io Services including, but not limited to, the Software, hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor and the quantity of statistical data linqz.io stored in their servers. linqz.io has no obligation to provide you with notice of any such changes. Those modifications do not materially and adversely affect your rights or obligations under this Agreement.
10. Pricing changes and other modifications
linqz.io may change its Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after linqz.io posts such changes to its website. If you do not agree to any changes posted by linqz.io in accordance with this Section, you must cancel your account or the affected Service before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
11. Upgrades by the Customer
You may upgrade to a higher service plan, if available, at any time during the term of this Agreement by completing and submitting linqz.io's current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that service plan in accordance with this Agreement.
12. Confidentiality
- 12.1. In this Agreement, Confidential Information means non-public information that is proprietary or confidential to linqz.io and is either clearly labelled as such or identified as Confidential Information ("Confidential Information").
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12.2. linqz.io may exchange Confidential Information in order
to perform such obligations under this Agreement.
Confidential Information shall not be deemed to include
information that:
- 12.2.1. is or becomes publicly known other than through any act or omission of the receiving party;
- 12.2.2. was in your lawful possession before the disclosure;
- 12.2.3. is lawfully disclosed to you by a third party without restriction on disclosure;
- 12.2.4. is independently developed by you, which independent development can be shown by written evidence; or
- 12.2.5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- 12.3. You shall hold linqz.io's Confidential Information in confidence and you shall maintain the confidentiality of such Confidential Information using at least the same degree of care as you would employ to safeguard your own Confidential Information, but no less than reasonable care.
- 12.4. You shall not unless required by law, make linqz.io's Confidential Information available to any third party, or use linqz.io's Confidential Information for any purpose other than the implementation of this Agreement.
- 12.5. You shall not unless required by law, make linqz.io's Confidential Information available to any third party, or use linqz.io's Confidential Information for any purpose other than the implementation of this Agreement.
- 12.6. You shall not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
- 12.7. Notwithstanding Clause 12.5, you agree to promptly notify linqz.io if you become aware of any breach of confidence by any person to whom you divulge all or any part of the Confidential Information and shall give linqz.io all reasonable assistance in connection with any proceedings which linqz.io may institute against such person for breach of confidence.
- 12.8. You acknowledge that details of the Services, and the results of any performance tests of the Services, constitute linqz.io's Confidential Information.
13. Data Protection
- 15.1. For the purposes of this clause, personal data, data processor and data controller shall have the meanings given to them in the Bill Perosnal Data Protection Bill India 2018 the EU's General Data Protection Regulation ("GDPR") (together the "Data Protection Legislation").
- 15.2. You agree to comply with your obligations and linqz.io agrees to comply with its respective obligations under Data Protection Legislation. You warrant that any personal data disclosed to us is permitted to be processed in accordance with our Privacy Statement and the appropriate consent has been obtained. You warrant that no sensitive personal data shall be processed, transferred, stored and/or disclosed by you during your use of our Services unless prior written consent is obtained from linqz.io.
- 15.3. linqz.io respects and protects the privacy of the individuals who access the Site and/or the Site services and is committed to protecting your privacy in accordance with our Privacy Statement which can be found at https://www.linqz.io/p/privacy-policy.html .
14. Duration and cancellation of services
- 14.1. Unless stated otherwise on linqz.io's web pages applicable to a given Service, each Service will be provided and billed on a periodic subscription basis, measured from the beginning of the activation of the given Service. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service (and the associated data) will be deleted or downgraded to a free service. All the data collected from your links and dashboard may be deleted without any notice.
- 14.2. At any time after the activation of a Service, either you or linqz.io may cancel that Service (or linqz.io may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid services). linqz.io also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.
15. Term, suspension and termination of agreement
- 15.1. The term of this Agreement will begin on the date that linqz.io accepts your initial registration and will continue in force until terminated according to this section.
- 15.2. linqz.io reserves the right, in its sole discretion and without notice to you, to suspend, terminate, modify or delete a user account or access to the linqz.io Site or parts thereof, if you are, or linqz.io suspects that you are, failing to comply with any of the provisions of this Agreement or for any actual or suspected illegal or improper use of the linqz.io Site. If you use multiple linqz.io accounts, if linqz.io does take action against you, you may have action taken against all your accounts.
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15.3. Upon termination for any reason:
- 15.3.1. all rights granted to you under this Agreement shall cease;
- 15.3.2. you must cease all activities authorised by this Agreement; and
- 15.3.3. you must immediately delete, remove and cease access to your user account.
- 15.4. No refunds will be available on account of any termination of this Agreement.
- 15.5. Sections 12 through 16 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
16. Cookies
linqz.io makes use of cookies in order to provide the Services and access to your account. Since WE are hosted on Blogger, we are bound by Blogger.com's cookies policy.
17. Publicity
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17.1. As a user, you agree that:
- 17.1.1. linqz.io may include customer's trademarks, name, and logos in its customer lists, press releases, marketing materials, and on its website;
- 17.1.2. upon accepting this agreement, linqz.io may issue a press release announcing the relationship and the manner in which the customer will use the service; and
- 17.1.13. you may require linqz.io to withdraw any use of your trademarks, name and logos.
18. Sole and exclusive remedy
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.
19. General
You, the User of the service, understand and agree that only courts in Delhi/Lucknow, India have jurisdiction over any and all matters pertaining to the Service.