Terms and Conditions
TERMS OF USE
Thanks for choosing to use SiteLinked!
To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
When we talk about “SiteLinked,” “we,” “our,” or “us” in these Terms, we are referring to SiteLinked Pty Ltd, a company registered in Australia with ACN 43 615 204 236. When we talk about the “Services” in these Terms, we are referring to our cloud-based software, our web-based applications and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
1. INTRODUCTION
These Terms set out the terms and conditions that apply when you use the Services. By using the Services, you agree to be bound by these Terms which form a binding contractual agreement between you and us.
Please read through these Terms carefully, including the disclaimer in clause 13, before using the Services. If you don’t agree to these Terms, please don’t use the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to them as modified.
2. WHO MAY USE THE SERVICES
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.
3. SUBSCRIPTION AND REGISTRATION
In order to use the Services, you will be required to sign up for an account (SiteLinked Account).
When you register for a SiteLinked Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
(a) maintaining the confidentiality and security of your SiteLinked Account information and your password; and
(b) any activities and those of any third party that occur through your SiteLinked Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your SiteLinked Account information or your password.
4. FEES
4.1. FEES
You must pay the agreed amount as accepted in your SaaS contract.
Fees will be invoiced on a monthly basis.
4.2. FAILURE TO PAY
If Fees are not paid when they are due, we may revoke your SiteLinked Account access and require payment for you to continue accessing the Services.
4.3. PAYMENT METHODS
Unless we specifically tell you otherwise, the Fees don’t include any taxes, excises, duties or levies (including any value-added or goods and services tax) (Taxes) that may be imposed under or in connection with these Terms and you will be responsible for the payment of such Taxes.
4.4. LOSS OF DATA FROM SWAPPING SUBSCRIPTIONS
Please note that upgrading or downgrading your subscription may cause loss of your SiteLinked Account your account information, files and data. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out you upgrading or downgrading your use of the Service.
5. REFUNDS
Except as otherwise set out on our website, we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
6. ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the Services.
You agree:
(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the Services or SiteLinked’s system security, or otherwise interfere with the normal function of the Services, including by:
(i) gaining unauthorised access to SiteLinked Accounts or data about other users of the Services;
(ii) scanning, probing or testing the Services for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the Services or SiteLinked’s system; or
(iv) instigate or participate in a denial-of-service attack against the Services or SiteLinked’s system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
7. YOUR CONTENT
7.1. TYPES OF CONTENT
As part of using the Services, you’ll be uploading the following two types of content (together, Posted Materials):
(a) content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by posting on our support or developer forums, or by contacting us, or when you register a SiteLinked Account (Shared Content); and
(b) your private content, information and materials which you upload for the purpose of creating or using bots or otherwise using the Services, which you can access through your SiteLinked Account (Private Content).
7.2. SHARED CONTENT
By providing or posting any Shared Content, you represent and warrant that:
(a) you are authorised to provide the Shared Content;
(b) the Shared Content is accurate and true at the time it is provided;
(c) any Shared Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Shared Content is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(e) the Shared Content is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Shared Content does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
(g) the Shared Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and the Shared Content does not breach or infringe any applicable laws, regulations or orders.
7.3. SHARED CONTENT – IP LICENCE
By uploading any Shared Content, you grant to SiteLinked (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for SiteLinked to use, exploit or otherwise enjoy the benefit of such Posted Material.
7.4. REMOVAL OF SHARED CONTENT
We don’t have any obligations to screen Shared Content in advance of it being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Shared Content at any time without giving any explanation or justification for removing the material and/or information.
7.5. PRIVATE CONTENT
All Private Content is yours! We don’t control, verify or endorse the Private Content you or others put on the Services. You’re responsible for ensuring that, and you represent and warrant that:
(a) the Private Content does not infringe any Intellectual Property Rights;
(b) the Private Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(c) the Private Content does not breach or infringe any applicable laws.
7.6. PRIVATE CONTENT – IP LICENCE
By uploading any Private Content, you grant to SiteLinked (and its agents or service providers) the right to transmit, process, use and disclose Private Content and any other information which we obtain through your use of the Services, but only:
(a) to the extent necessary for us to provide the Services;
(b) as required by applicable laws, regulations or orders;
(c) to respond to an emergency (including a security breach); or
(d) as otherwise permitted by these Terms.
8. OUR CONTENT
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
9. CONFIDENTIALITY
We respect your confidentiality and we acknowledge that Private Content you provide to us or upload as part of the Services are confidential to you.
Similarly, as part of your use of the Services, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes. You agree that any such information we provide is our confidential information.
We both agree that:
(a) we will treat each other’s confidential information with the same degree of care and protection that we treat our own;
(b) we will use each other’s confidential information only in connection with these Terms and the Services; and
(c) only share the information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Services or in connection with these Terms).
However, despite the above, you agree that the following information is not confidential:
(a) information we already knew at the time you told us about it;
(b) information told to us by a third party who had the right to tell us;
(c) information that is generally available to the public; and
(d) information that was independently developed by us without directly using your confidential information.
10. THIRD PARTY CONTENT & LINKS
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties ( Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
11. SERVICE LIMITATIONS
The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible or available at all times;
(c) messages sent through the Services will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Services will be secure or confidential; or
(e) any information provided through the Services is accurate or true.
12. SECURITY
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
13. DISCLAIMER
To the maximum extent permitted by applicable law, SiteLinked limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify SiteLinked and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, SiteLinked’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
Under no circumstances will SiteLinked be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter.
14. CANCELLATION
14.1. CANCELLATION BY YOU
You are ultimately responsible for the proper cancellation of your SiteLinked Account and/or subscription. Requesting cancellation by telephone, email or otherwise contacting us is not considered cancellation.
You can cancel your SiteLinked Account at any time by contacting us at admin@sitelinked.com.
If you cancel your SiteLinked Account prior to the end of your current billing cycle, your cancellation will be effective immediately and you won’t be charged again. We may or may not provide a pro-rated refund for unused time at our discretion.
14.2. CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any Fees for Services which you have paid and not received (including a pro-rated refund as appropriate).
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
14.3. EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your SiteLinked Account, we will delete any Private Materials associated with your SiteLinked Account and any bots, software or other data or configurations associated with your SiteLinked Account. You won’t be able to recover any this after cancellation, termination or expiry of your User Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your SiteLinked Account.
Please note that deleting a User Account won’t affect any bots, software or other data or configurations created under that User Account – you’ll need to actually delete the SiteLinked Account.
14.4. SURVIVAL
The sections titled “Your Content”, “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
15. GENERAL
15.1. PRIVACY
You agree to be bound by the clauses outlined in SiteLinked’s Privacy Policy, which can be found at Schedule 1 to these Terms.
15.2. WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
15.3. ASSIGNMENT
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of SiteLinked.
15.4. GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
15.5. JURISDICTION
The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
15.6. LOCATION OF SERVICES
SiteLinked controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.
PRIVACY POLICY
INTRODUCTION
We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information. It should be read together with our Terms of Use.
By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.
We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.
TYPES OF PERSONAL INFORAMTION WE COLLECT
The personal information we collect may include the following:
• name;
• mailing or street address;
• email address;
• social media information;
• telephone number and other contact details;
• age;
• date of birth;
• credit card information;
• information about your business or personal circumstances;
• information in connection with client surveys, questionnaires and promotions;
• your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
• information about third parties; and
• any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information either directly from you, or from third parties, including where you:
• contact us through on our website;
• communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
• use our automated referral system or manual referral service;
• interact with our website, social applications, services, content and advertising; and
• invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
• to provide services or information to you;
• for record keeping and administrative purposes;
• to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;
• to improve and optimise our service offering and customer experience;
• to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
• to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
• to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
• to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
SECURITY
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.
LINKS
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
COMPLAINTS
If you wish to complain about how we handle your personal information or held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
CONTACT US
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Email: admin@site-linked.com
Our privacy policy was last updated on 15 May 2018.