Terms of Service
Hello and welcome to Ziinkle’s Terms of Service (“Terms“). Your acceptance of these Terms forms a contract between you and Cara Constance Pty Ltd (ACN 642 261 667) (Ziinkle) and, like any meaningful relationship, it’s essential that you know our terms of service before you use the Ziinkle application (the Ziinkle App“).
Please take the time to read these Terms before enjoying the Ziinkle App, because once you access, view, or use the Ziinkle App, you will be legally bound by these Terms, which is why it’s so important you read them. If you do not wish to be bound by these Terms, do not use the Ziinkle App.
Your use of the Ziinkle App is also subject to the Ziinkle’s Privacy and Cookie Policies, Ziinkle’s Safety Tips and Ziinkle’s Community Guidelines.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on www.ziinkle.com/terms with an updated effective date. In certain circumstances, we may notify you of a change to these Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking www.ziinkle.com/terms for notice of any changes. Your continued use of Ziinkle constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using the Ziinkle App immediately.
You should also note that Section 17 of these Terms contains provisions governing how you and Ziinkle’s claims against each other are resolved.
Before you can use the Ziinkle App, you will need to register for an account (“Account”). To create an Account, you must:
- be at least 18 years old;
- be seeking a meaningful relationship;
- be legally qualified to enter a binding contract with Ziinkle
- not be prohibited by law from using the Ziinkle App;
- have been convicted of or pled guilty to indictable criminal offence (or crime of similar severity), a sex crime, or any crime involving violence;
- not be registered as a sex offender with any state or national sex offender registry;
- not have more than one Ziinkle Account; and
- not have previously been removed from the Ziinkle App by us, unless you have our express written permission to create a new account.
If you cease to meet these requirements at any time, you must immediately delete your Account, and we retain the right to remove your access to our services without warning.
2. Your Use of the Ziinkle App
At all times that you are using the Ziinkle App, you agree to:
- Comply with these Terms, and check www.ziinkle.com/terms from time to time to ensure you are aware of any change to these Terms.
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
- Use the latest version of the Ziinkle App.
- Treat other users in a courteous and respectful manner, both on and off the Ziinkle App and abide by our Community Guidelines
- Be respectful when communicating with any of our customer care representatives or other employees
- Have regard to Ziinkle’s Safety Tips
- Comply with Ziinkle’s Community Guidelines
- Maintain a strong password and take reasonable measures to protect the security of your login information; and
- Present yourself respectfully and authentically by adding at least two recent photos that show your face.
You agree that you will not:
- Misrepresent yourself in any way, including without limitation your identity, age, current or previous positions, qualifications, or affiliations with a person or entity
- Use our Services in a way that damages our Services or prevents their use by other users
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks
Access, tamper with, or use non-public areas of the Ziinkle App or our systems or make any attempt to do so.
- Use our Services for any harmful, illegal, or nefarious purpose
- Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person
- Post or share Prohibited Content (see below)
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without their permission
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation
- Use another user’s Account
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by Ziinkle (see Section 6 below).
- Disclose private or proprietary information that you do not have the right to disclose
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Ziinkle’s prior written consent
- Express or imply that any statements you make are endorsed by Ziinkle
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents
- Scrape or replicate any part of the Ziinkle App or any content taken from the Ziinkle App without our prior consent This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
- Upload viruses or other malicious code or otherwise compromise the security of our Services
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services
“Frame” or “mirror” any part of our Services without Ziinkle’s prior written authorisation
- Use meta tags or code or other devices containing any reference to Ziinkle or the platform (or any trademark, trade name, service mark, logo or slogan of Ziinkle) to direct any person to any other website for any purpose
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent
- Use, access, or publish the Ziinkle application programming interface without our written consent
- Probe, scan or test the vulnerability of our Services or any system or network; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Ziinkle, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
At Ziinkle, we have a zero-tolerance approach to any violations of our Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the Ziinkle App, to make use of any operational, technological, legal, or other means available to enforce these Terms (including without limitation blocking specific IP addresses) at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice:
- (a) for violating these Terms;
- (b) due to your conduct on the Ziinkle App, or your conduct with other users of the Ziinkle App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper;
- (c) if we or our affiliates, in our or their sole discretion, determine that your conduct on other apps operated by our affiliates was inappropriate or improper; and
- (d) for any reasons whatsoever that we deem, in our sole discretion, justifies termination or suspension of your Account.
3. The Safety of the Ziinkle Community
You should carefully read the Ziinkle Safety Tips. They detail the safety features that we have built into the Ziinkle App and other safety resources that you should be aware of.
We don’t tolerate users misbehaving in the Ziinkle community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse/complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link’.
By accepting these Terms, you understand that we don’t control any of the things that users say or do, so you are solely responsible for your interactions with other users of the Ziinkle App, both online and offline.
You acknowledge and agree that you are solely responsible for the manner in which you use the Ziinkle App, who you connect with using the Ziinkle App and the relationship (if any) that you form with any person using the Ziinkle App. You must form your own view regarding the suitability and compatibility of any person that you may meet as a result of using the Ziinkle App.
YOU UNDERSTAND THAT ZIINKLE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. ZIINKLE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. ZIINKLE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR ANY OTHER SCREENINGS AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release Ziinkle and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Ziinkle App.
Ziinkle will not be liable if you are unable to use the Ziinkle App due to any incompatibility or fault or incorrect configuration of your equipment or an interference, network congestion or outages on the network connecting you with the Ziinkle App. You acknowledge and agree that Ziinkle does not control the transfer of data over communications facilities.
There are three types of content that you will be able to access on the Ziinkle App:
- content that you upload and provide (“Your Content”)
- content that another member provides (“Member Content”); and
- content that the Ziinkle provides (“Our Content”).
There is certain content that we cannot allow on the Ziinkle App.
Although we want our users to express themselves as much as possible on Ziinkle and present themselves in the best possible way, we still must impose restrictions on any content which:
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance)
- is obscene, pornographic or violent or condones any of those things
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred, or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, vaccine status or physical appearance)
- encourages any illegal activity including, without limitation, terrorism, illicit drug use or possession, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence or otherwise is intended to mislead or deceive another person
- is defamatory, libellous, or untrue
- relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers)
- involves the transmission of “junk” mail or “spam”
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, trojan horse or any other virus or other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Ziinkle or otherwise
- infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights)
- was not written by you or was automatically generated unless expressly authorised by Ziinkle
- includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian
- is harmful to minors
- is inconsistent with the intended use of the Services; or
- may harm the reputation of Ziinkle, Ziinkle or its affiliates.
Ziinkle operates a zero-tolerance policy for inappropriate content or behaviour both on and off the Ziinkle App. The uploading or sharing of content that violates these terms (“Prohibited Content“) will result in the immediate termination of your Account. We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms.
We are committed to maintain a respectful community on Ziinkle, and we do not tolerate any inappropriate content or misconduct, whether on or off the Ziinkle App. We encourage you to report any inappropriate Member Content or misconduct by others. You can report a user directly by tapping the three dots in the top right of any profile and selecting ‘Report’. You may also email Ziinkle Customer Services at email@example.com
4.1 Your Content
You agree that Your Content must comply with our Community Guidelines, as updated from time to time. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made by any person in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether in person, via email or otherwise, it is at your own risk. We strongly encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Ziinkle is a public community, Your Content will be visible to other users of the Ziinkle App, so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users on the Ziinkle App. By uploading Your Content on Ziinkle, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licences to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content.
4.2 Member Content
Other Ziinkle members will also share content via the Ziinkle App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the app at the direction of the user providing the Member Content.
You do not have any rights in relation to the other users’ Member Content, and you may only use other Ziinkle users’ personal information to the extent that your use of it matches Ziinkle’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
All legislative provisions of any relevant jurisdiction, including without limitation, Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998 apply to all Member Content that you provide when using the Ziinkle App. If you have a complaint about Member Content, please email us at firstname.lastname@example.org
4.3 Ziinkle’s Content
All other content on the Ziinkle App (including all text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property) is owned, controlled or licensed by Ziinkle is protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Ziinkle’s Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Ziinkle’s Content, without the right to sublicense, under the following conditions:
- You will not use, sell, notify, or distribute Ziinkle’s Content except as permitted by the functionality of the Ziinkle App;
- You will not use our name in metatags, keywords and/or hidden text;
- You will not create derivative works from Ziinkle’s Content or commercially exploit Ziinkle’s Content, in whole or in part, in any way; and
- You will only use Ziinkle’s Content for lawful purposes only.
We reserve all other rights.
We have no obligation to pre-screen content. Ziinkle is an online community, and we therefore don’t assume any obligation to pre-screen any of your Content or any Member Content.
However, there may be times where we need to get involved, and we reserve the right to review, pre-screen, refuse and/or remove any of Your Content, or Member Content, including content exchanged between users in direct messages.
Ziinkle has adopted the following policy towards copyright infringement . If you believe any Member Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“Takedown Notice”) to Ziinkle at email@example.com including the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
6. Intellectual Property
You acknowledge and agree that:
- Ziinkle owns or licences all of the intellectual property rights in the Ziinkle App, the systems, processes, content and background technology used to provide the Ziinkle App any data, information or materials related to or arising from the use of the Ziinkle App;
- nothing in these Terms gives you any proprietary right to the Ziinkle App or in its associated intellectual property rights; and
- all intellectual property rights created by your use of the Ziinkle App or otherwise in connection with these Terms will vest and be owned by Ziinkle (and you hereby assign to Ziinkle all such existing and future intellectual property rights).
7. Push Notifications; Location-Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Ziinkle App and/or Ziinkle services, such as enhancements, offers, products, events, and other promotions. After downloading the Ziinkle App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept this request, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Ziinkle App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org
9. Third Party Store
The following additional terms and conditions apply to you if you download the Ziinkle App from a Third-Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Ziinkle App and the Third-Party Store.
You acknowledge and agree that:
- These Terms are concluded solely between you and Ziinkle and not with the providers of the Third-Party Store, and Ziinkle is solely responsible for the Ziinkle App and the content thereof. To the extent that these Terms provide for usage rules for the Ziinkle App which are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the Ziinkle App, the more restrictive or conflicting term of the Third-Party Store will take precedence and will apply.
- The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the Ziinkle App. Ziinkle is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party provider will have no warranty obligation whatsoever with respect to the Ziinkle App, and any other claims, losses, liabilities, damages, costs, or expenses attributed to any failure to conform to any warranty will be the sole responsibility of Ziinkle.
- Ziinkle, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Ziinkle App or your possession and/or use of the Ziinkle App, including, but not limited to: (i) product liability claims; (ii) any claims that the Ziinkle App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
- The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-Party provider from whom you obtained the Ziinkle App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
10. Payment Terms
Ziinkle may offer products and services for purchase on the Ziinkle App (“In-App Purchases”). If you choose to make an In-app purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated into these Terms by reference.
You make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Ziinkle may offer some services as automatically renewing subscriptions e.g., a one-week subscription, one-month subscription or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOU SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, AT ZIINKLE’S THEN CURRENT PRICE FOR SUCH SUBSCRIPTIONS UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. To avoid charges for a new subscription period, you must cancel your subscription in the manner detailed below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and you will have the opportunity to cancel your subscription before the end of the then-current subscription period if you wish to do so.
If Ziinkle changes these prices and you do not cancel your subscription, you agree that you will be charged at Ziinkle’s then-current pricing for any subsequent renewal of you subscription.
Cancelling Subscriptions: If you purchased a subscription directly from Ziinkle, you may cancel or change your Payment Method via the payment setting option under your profile. If you purchased a subscription through a Third-Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow their instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the subscription period that you last paid for, but:
- you will not be eligible for a prorated refund
- your subscription will not be renewed when that period expires
- you will then no longer be able to use the Premium Services or In-App Purchases enabled in your subscription.
Free Trials: If you sign up for a free trial and do not cancel your subscription prior to the end of the trial period, your trial may convert into a paid subscription and your Payment Method will then be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each subscription period, and your Payment Method will be charged until you cancel your subscription. To avoid charges for a new subscription period, you must cancel your subscription before the end of the then-current subscription period or free trial period as described above. Deleting or deactivating your account or deleting the application from your device does not cancel your free trial.
Refunds: All charges for purchases are non-refundable, and there are no refunds or credits that are given for partially used periods.
The payments required under this Section 4 do not include any Goods and Services Tax that may be due in connection with the premium Services provided under these Terms. If Ziinkle determines it has a legal obligation to collect a Goods and Services Tax from you in connection to these Terms, Ziinkle will collect such Goods and Services Tax in addition to the payments required under this Section 4. If any Premium Services, or payments for any premium Services, under these Terms are subject to any Goods and Services Tax in any jurisdiction and you have not remitted the applicable Goods and Services Tax to Ziinkle, you will be responsible for the payment of such Goods and Services Tax and any related penalties or interest to the relevant tax authority. As used herein, “Goods and Services Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
THE APP, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY PERSON THAT YOU MATCH WITH, NOR THE ATMOSPHERE OR CONDUCT OF ANY PERSON AT ANY VENUE.
SHOULD APPLICABLE LAW NOT PERMIT THE FORGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PERSONS AND YOUR CONDUCT IN VENUES. CARA CONSTANCE PTY LTD IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. CARA CONSTANCE PTY LTD DOES NOT CONDUCT CRIMINAL BACKGROUND NOR ANY OTHER CHECKS ON ITS MEMBERS.
12. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY OR ANY OTHER CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FORGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
All the actions you take and information you post on Ziinkle remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- Any negligent acts, omissions, or wilful misconduct by you;
- Your access to and use of the Ziinkle App;
- The uploading or submission of Content to the Ziinkle App by you;
- Any breach of these Terms by you; and/or
- Your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
14. Dispute Resolution
You agree that if a dispute arises out of or in relation to these Terms (“Dispute”) you will not start nor seek to start arbitration or court proceedings unless you have complied with this section 15.
If you claim that a Dispute has arisen you must notify Ziinkle in writing giving details of the Dispute and your proposal for a resolution.
We are committed to resolving Disputes if we can. We will use all reasonable endeavours to resolve the Dispute and you also agree to do so. We will aim to respond to your claim of a Dispute and to any subsequent communication that you may send to us regarding the Dispute within fourteen days of the day on which we receive your communication.
If the Dispute remains unresolved at the end of three months following our first receipt of your claim then unless we agree to refer the Dispute to mediation and the terms on which the mediation will be conducted then you will be free to start court proceedings if you wish to do so.
15. Termination and Remedies
The Terms commence on the date you accept them (as described in the preamble) and continue until termination in accordance with these Terms.
If you want to terminate these Terms, you may do so by (a) notifying Ziinkle at any time, and (b) closing your Account. Your notice should be sent to the Ziinkle address below.
Ziinkle may terminate or suspend your use of the App, including your Account, if you breach these Terms or if Ziinkle is required to do so by applicable law. You agree that any termination for cause shall be made in Ziinkle’s sole discretion and that Ziinkle shall not be liable to you or any third party for any termination of your Account.
In the event that Ziinkle determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Ziinkle App, Ziinkle reserves the right to:
- warn you via email (to any email addresses you have provided to Ziinkle) that you have violated the Terms
- delete your User Content
- discontinue your Account
- notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- pursue to any other action which Ziinkle deems to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers and limitation of liability.
There are a few more things we need to mention before you can use Ziinkle.
Ziinkle has taken reasonable steps to ensure the currency, availability, correctness, and completeness of information contained on Ziinkle and provided that information on an “as is”, “as available” basis. Ziinkle does not give or make any warranty or representation of any kind about the information contained on Ziinkle, whether express or implied. Use of Ziinkle and the materials available on it is at your sole risk. Ziinkle is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Ziinkle is free of viruses or other harmful components. You accept that Ziinkle will not be provided uninterrupted or error free, that defects may not be corrected or that Ziinkle, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse, or any similar malicious software. Ziinkle is not responsible for any damage to your mobile phone hardware, mobile phone software or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Ziinkle may take place via electronic means, whether your use the Ziinkle App or send Ziinkle emails, or whether Ziinkle posts notices in the Ziinkle App or communicates with you via email. For contractual purposes you:
- consent to receive communications from Ziinkle in electronic form
- agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ziinkle provides to you electronically satisfy if it were in writing.
Changes to our Terms
Ziinkle is new, and as we grow, we may have to make changes to these Terms, so we reserve the right to modify, amend or change the Terms at any time (“a Change”). If we do this, then the Changes will be posted on this page, and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we may ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Ziinkle following any Changes constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Ziinkle immediately.
If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the Ziinkle App, you agree and acknowledge that Ziinkle is currently an Australian app operating through servers located in Australia. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Ziinkle, you agree to the transfer of your personal information to, and storage and processing of your personal information in Australia.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Ziinkle App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licences granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the Ziinkle App, please contact us at email@example.com
17. Governing law and forum
Your access to the Ziinkle App, Our Content, and any Member Content, any claims arising from or related to your relationship with Ziinkle, and these terms are governed and interpreted by the laws of New South Wales, Australia. All claims arising out of or relating to these Terms and/or your relationship with Ziinkle will be litigated exclusively in the Federal or Supreme courts of New South Wales, Australia. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum.
The Terms constitute a binding legal agreement between you as user (“you”) and Ziinkle (“we” or “us”).
Effective Date: The Terms were last updated on 6 June 2022