Terms And Conditions
These Terms and Conditions constitute, for the purposes of the Agreement, the conditions of usage and service of the Link application and the agreement between Link and the User for use of the Link Platforms and associated Services developed, provided and managed by Link.
Link reserves the right to effect, in its sole discretion, amendments to these Terms and Conditions from time to time. Link will inform Users of any amendments on www.Linkapp.co.za by one month's notice before amendment of any term and or condition.
Link is operated and owned by The Apps Factory (Pty) Ltd, registered in South Africa, with the physical address: 11th Floor, Convention Tower, Cnr. Heerengracht and Walter Sisulu Ave, Cape Town, 8001.
Agreement: means this Agreement, for providing the Link Application, Link Platforms and Services to the User, which includes Link's:
- Terms and Conditions of Service
- Fair Usage Policy (link to Fair Usage Policy);
- Software License Agreement (link to Software Licence);
- any such additional terms and conditions provided for on the Link website.
Account: means the registered account held by a User, administrator or merchant on the Link Platform;
Content: means any data including official statistics and or images as provided to, or hosted by the
Link Application and/or Platform;
Device: means the mobile phone, terminal, tablet, laptop or desktop computer or any other electronic, battery or solar operated device used by the User to gain access to the Link Platform;
Service Provider: means the third-party service provider and its relevant network and infrastructure that provides the User with a connection to a mobile network;
Link Platform: means all the components, websites, portals, the Link mobile app and all other functionalities as provided through and related to the Link brand;
Services: means any service, downloading and/or activating, and/or using the Link services or having access to any Link service and or smart device;
Smart Device: means any device integrated with the Link Platform that can connect, share data and interact with the User;
User: means any individual, administrator or merchant that has registered to use the Link Platform; 2
User Account: means the registered account associated with a User as held on the Link database;
Google Maps: means the mapping and location service as provided through Google Maps/Google
Earth, allowing a User to view and use a variety of content, including map and terrain data, imagery, business listings, traffic, reviews, and other related information provided by Google, its licensors, and users;
The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, the terms of this Agreement nor any clause thereof.
In this Agreement, unless a contrary intention clearly appears:
(a) words importing:
(i) the male gender includes the female gender;
(ii) the singular includes the plural and vice versa; and
(iii) natural persons include created entities (corporate or non-corporate) and vice versa;
(b) expressions defined in this Agreement shall bear the same meanings in the Annexures (if and or where applicable) to this Agreement unless specifically defined in the Annexures;
(c) where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
(d) any reference to a Party includes a reference to the Party’s authorised representatives, employees, agents or contractors;
(e) when any number of days is prescribed same shall, unless otherwise specifically stated, be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;
(f) where words have been defined in the body of this Agreement, such words shall, unless otherwise required by the context, have the meanings so assigned to them throughout this Agreement;
(g) where any provision contemplates a notice to be given or Agreement to be reached between the Parties, such notice or Agreement shall, unless expressly provided otherwise, be made in writing;
Acceptance of Terms
The User agrees to be bound by these Terms and Conditions and by agreeing to such the User declares that he or she is legally competent by law applicable to the User to accept, agree to and or enter into this Agreement. 3
The User’s continued use of Link Platform and Services, in the event of an amendment of these Terms and Conditions, will constitute the Users acceptance of and agreement to such amendment. The User will be entitled, if not in agreement with an amendment, to terminate the Account/s with immediate effect.
Use of the Link Platform and Services
Link grants the User a non-exclusive, non-transferable right to use the Link Platform and Services via a mobile device, telephone, terminal and computer and other devices.
The User may not use or utilise any part of the Link Platform or its Services in contravention of any applicable Law and or Regulation/s.
The use of a Link Platform or Service provided by a third party to the User including but not limited to the User’s local mobile- or Wi-Fi- or internet service provider will despite any conditions under which the service provider is providing such services to the User, be subject to the Terms and Conditions for the purposes of this Agreement.
Intellectual Property Rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and any other material or moving images) contained in, or accessible via the Link services, is either owned by Link or has been licensed to Link by the rights owner(s) for use as part of the Link services.
User Account Information
The User will provide true, accurate, current and complete information when registering for an account on the Link Platform or Services, as well as any additional information provided or any amendments made by the User.
The User is and will remain at all-time responsible for all actions, direct, indirect and or incidental to and or as a result of access to or use of the Link Platform or Services via the User Account independently of whether the access was made by yourself or by a third party. If your Device is stolen or if you become aware of unauthorized use you are responsible for all charges to your Account. We have the right to change your password and account name at any time in our sole discretion.
No Unlawful or Prohibited Use
The User expressly acknowledge and agree to use any Link Platform or Service solely for lawful purposes; non-commercial use or non-business use.
The User may not, without limitation: 4
- use and or perform any action on or through use of the Link Platform or Service for any unlawful purpose;
- intercept or monitor, damage or modify any communication which is not intended for use purposes by the User;
- send any unsolicited commercial communication not permitted by applicable law,
- expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable.
The User further to the above, may not use any part of the Link Platform or Services in any manner that could damage, disable, overburden, or impair any Link server, or the network(s) connected to any
Link server, or interfere with any other party's use.
Link has the sole and exclusive right at any time to immediately terminate any service and/or account if
Link interprets the use as in any way fraudulent; criminal; unethical; offensive to others; misuse; and or in other way deemed by Link as prohibited.
Link does not make any express warranty regarding the Link Platform or Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however, Link shall endeavour to provide Link Platforms and Services with minimum disruptions.
Link cannot and does not guarantee that the Link Services will always function without disruptions, delay or other imperfections and Link may choose not to provide service to countries or calling areas at its sole discretion.
Link is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Link Platform or Services or any part thereof, without any notice to the User for the repair, improvement, and/or upgrade of the service at any time.
All Link Platforms and Services if not indicated otherwise by Link are for non-commercial use. All and any commercial use not deemed as consumer usage will lead to immediate termination of Service.
Payment & Rates (Subscribed Services Only)
The User will be liable for payment for the Services and Link Platform where applicable according to displayed prices and tariffs on the Link mobile application or relevant website. Link reserves the right to amend or adapt the rates, fees and any other way to manage and or regulate payments or rates at any time without notice.
If the User does not wish to accept such adjustment of rates, the User will be entitled to terminate the User Account with effect from the date on which the adjustment of rates would become effective. 5.
Unless stated otherwise, all rates and charges listed shall be inclusive of value added taxes (VAT) or any other applicable taxes. Link cannot be held responsible in any way for costs that might be charged to the end user from a third party or similar while using any Link service.
Link does not provide refunds on any credit; fees; or other payments done for the access/use of any Link subscribed services. Any payments made to Link expires after 12 months if not otherwise communicated by Link.
Limitation of Liability
Link is not and cannot be held liable for:
- any acts or omissions of another Provider, for information provided through the User Device;
- any equipment failure or modifications;
- service outages or for service limitations or interruptions;
- any accidents or incidents which result from the use of the Link Platform or any of its Services by the User or any other person;
- any direct, indirect, incidental, punitive or consequential damages including inter alia lost profits, other economic loss, death, injuries to persons or property, any losses due to fraudulent behaviour, misuse of information and other criminal activities that are directly, indirectly or coincidently associated with any Link Platform, Service, representation, offer, product or device, provided directly or indirectly, as part of the package (the Link Platform or Services) offered to the User so arising from the use of the Link Platform or Services by the User and the User hereby specifically indemnifies Link against any claims and or legal actions flowing or resulting from such damages.
- the Link Platform utilizes Google Maps for its location services. Link therefor does not guarantee that addresses supplied via the Link Platform to the User in any of its features and Services are accurate and cannot be held liable and the User hereby indemnifies Link against any such liability for any direct, indirect and or co-incidental damages suffered by the User or another as a result of usage of the addresses or in the event an incorrect address is provided herein.
- We take security and reliabity very seriously and do our utmost to make sure our platforms are failsafe by using best of breed products and adhering to the highest industry practices. However, no system is perfectly secure or reliable, the internet is inherently an insecure medium when you take into account all the third parties involved; your internet provider, wireless carrier, devices used etc. When you use the service, you accept these risks and the responsibility for choosing to use a technology that cannot outperform third parties that are used in providing the service. Services such as S.O.S, Tag Me and Location Sharing rely on third parties providing a reliable service. Therefore we make no warranty, express, implied or otherwise that we can or will be able to guarantee that the service will work 100% of the time.
Link’s liability and the liability of any underlying Provider for any failure or mistake shall be limited to and in no event or under no circumstance exceed and is limited to the Link Services charges during the or any affected period. 6
Link reserves the right to and may assign all or part of the Agreement and or Terms and Conditions to any other without such assignment being considered change to the Terms of Conditions and without prior notice of such assignment to the User.
Link in the event of such assignment will be and is released by the User from all liability under this Agreement.
The User is prohibited from assigning any responsibility and or liability under the Terms and Conditions without our prior written approval.
Time and Indulgence
No latitude, extension of time or other indulgence which may be given or allowed by either Party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this Agreement is binding unless confirmed in writing, and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or estop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or terms hereof.
This Agreement shall be governed by and be construed in accordance with the laws of the Republic of South Africa, and the Parties hereby agree and submit to the jurisdiction of the South African courts.
No addition to, or variation of, consensual cancellation or novation of this Agreement and no waiver of any rights arising from this Agreement, including this clause, shall be of any force or effect unless reduced to writing and signed by the duly authorised representatives of each of the Parties.
If any provision or term of this Agreement, including this clause, shall be held wholly or partly invalid, illegal or unenforceable for any reason whatsoever, then those clauses, provisions or terms shall be deemed severable from the remaining clauses, provisions or terms of this Agreement and shall in no way affect the validity, legality or enforceability of this Agreement.
The Parties shall meet as soon as possible and negotiate in good faith upon a replacement provision that is legally valid and that achieves as nearly as possible the objective of this Agreement and produces an equivalent effect. 7
These general Terms and Conditions represent the entire Agreement between the User and Link and supersedes all prior offers, contracts, agreements and representations. The Terms and Conditions supersede all promises made to you by Link client services agents, representatives or employees.
Fair Use Policy
Your Link service is subject to a fair usage limit that gives Link right to limit or cancel service if usage indicates any misuse of service; differ from average usage and/or reaches the fair usage limits as defined in this document or otherwise communicated by Link.
In the event that there is, or Link suspects that there is, any fraudulent-, criminal activities or misuse of any Link service in any way, Link reserves the right to terminate your subscription with immediate effect without any prior notice, and without any refund. Link disclaims any and all responsibilities or liability in relation to content available through any Link service or any third part supplier or partner. As a user of Link´s services, you are solely responsible for all activities while using a Link service.
Fair Usage Policy
A Link User Account has a fair usage limit of 10 000 minutes to other Link users with a maximum of 6 hours per day. These minutes are usable for a period of 12 months after the registration date.
Link reserves the right to adjust these allowances based on average user behaviour. 8
o To register and service your Account;
o To administer and improve the Service;
o To prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Service terms;
o To compare information for accuracy, and verify it with third parties, including partners;
o For our internal records, tracking and business purposes;
o To contact you to respond to your questions or requests or to provide you with technical support;
o To provide you with information regarding changes to the Service which may affect your Account, your use of the Service, and/or the products and services available through the Service;
o To customize the user experience of the Service;
o To analyze trends, track user movement and gather statistical information for aggregate use; and
o To promote the Service or customize advertising that may be visible to you in connection with the Service.
o To assess service levels, monitor traffic patterns and gauge popularity of different service options
o To verify access rights to services
o Where you have provided us with consent to do so, to carry out our marketing activities
How we use information collected from you:
We may use both Personal Information and Non-Personal Information collected from you in any one or more of the following ways: 9
You also accept that Link has the right to provide the above information to any third party and/or partner to give that party information so they via that information can ensure better service delivery, adjust offers, packages or advertisement based on that information. However, no information will be provided if these third parties do not comply with Link at any time binding rules and regulation regarding in this area like anti-spam and such. Third parties will never have the right to reuse or re-distribute any information to any other party without a written consent from Link.
How we share or disclose information collected from you
We will not rent or sell your Personal Information to third parties outside of The Apps Factory Pty Ltd and its subsidiaries and affiliates (collectively “Company”) without your consent, except as noted below. Your information may be shared as follows:
We may share your username, with a third party or service provider to ensure better service delivery. Contact details will only be shared with a third party or service provider related to service delivery, after approval has been received from the User.
We may share your Personal Information, including name, email and location, with certain other Users in connection with a SOS alert as defined below.
Safety, Security and Compliance With Laws
We may disclose any information, including Personal Information, to first responders, safety personnel, law enforcement, governmental agencies, or authorized third-parties, in response to: (1) an alert notification message that is sent by, or initiated in connection with, a “Link SOS” request; or (2) a verified request relating to a criminal investigation, investigation of fraud, alleged illegal activity or any other activity that may expose us, you, or any other User or person to physical harm or legal liability. In such events, we will disclose information relevant and necessary to the emergency response, investigation or inquiry, such as name, telephone number, email address, User ID history, IP address, and anything else we may deem relevant to the emergency response or investigation. Without limiting the above, in an effort to respect your privacy and our ability to keep the Link community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties after an alert without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect the rights, property, or personal safety of our Users, our Company or others. 10
Age of Consent
By signing up, you acknowledge you are of legal age, provide true information and are fully authorized to sign-up to the service, in legal age or permitted by your guardians or parent to do so. We can never be hold accountable in any way if a user provides us with wrongful or misleading information while signing on for a service, downloading a service, activating a service or using a service or in any other way trying or using a service.
We may contact you to confirm and verify the ownership of your mobile wireless device numbers collected as part of your account information. We may also communicate with you via email, text message or by phone to provide Service activation, account information, and information and services in regard to any issues or service delivery requests associated with your account.
Cookies, Log Files and IP Address
We may collect information about your computer, including where available, your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers (see Aggregated Data). We will use this information to deliver relevant content and services to you. We may log call events but not record the call itself.
Change of Ownership or Business Transition
In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of our assets, your information may be transferred. Your information will be transferred in accordance with applicable privacy laws. 11
We will strive to prevent unauthorized access to your Personal Information, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We may, at our sole discretion, enhance security procedures as new technologies and procedures become available. You are responsible for maintaining the secrecy of your identification, passwords and/or any Personal Information in your possession for the use of the Service. You are responsible for the use by others of any information that you provide to them. We cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Service, and you release us from any and all liability in connection with the contents of any Personal Information or other information which you may receive using the Service. We cannot guarantee, or assume any responsibility for verifying the accuracy of the Personal Information or other information provided by any third party. You release us from any and all liability in connection with the use of such Personal Information or other information of others.