User Terms and Conditions
These terms and conditions (the “Terms”) (together with the documents referred to in it) set out the terms on which you may make use of our websites www.thelinkdapp.com, www.linkd.co, www.linkdcard.co, www.linkdcard.com and www.linkd.uk, their mobile versions and the mobile apps “LINKD” and LINKDCARD” (the “App”, and together the “Sites”).
Please read these Terms carefully before you start to use the Sites, as these Terms will apply to your use of the Sites. Use of the Sites includes accessing, browsing, or registering to use the Sites. By using the Sites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, please do not use the Sites.
1. ABOUT US
1.1 The Sites are owned and operated by LINKD Limited ("LINKD", “we”, “our”, and “us”). LINKD is a company registered in England and Wales under number 09403491 with its registered office at 2 Azura Court, 48 Warton Road, London, E15 2JS.
2. ACCESSING THE SITES
2.1 Specifically for LINKD, you must be 18 years or older to be eligible to register with us, use LINKD and the content and services provide through it. By using LINKD, you represent and warrant that you are 18 years or older. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
2.2 You acknowledge that access to the Sites is dependent on you being able to receive data via Wifi, 3G or 4G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of the Sites.
2.3 We provide the Sites on an "as is" and "as available" basis with all faults. We do not guarantee that the Sites, or any content on them, will always be available or be uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. You agree that your use of the Sites is at your own risk. We will not be liable to you if for any reason any of the Sites are unavailable at any time or for any period.
2.4 You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
2.5 To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Sites and the services available through them are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.
2.6 You acknowledge and agree that we may suspend or terminate your account on a temporary or permanent basis at any time without notice where we have reason to do so.
3. THE SITES
3.1 We may update the Sites from time to time, and may change the content at any time. However, please note that any of the content on the Sites may be out of date at any given time, and we are under no obligation to update it.
3.2 We do not guarantee that the Sites, or any content on it, will be free from errors or omissions.
4. YOUR ACCOUNT AND PASSWORD
4.1 In order to access LINKDCARD, you must register with us using Facebook. You acknowledge and agree that to redeem Offers and Perks with LINKDCARD we will access and present within the platform certain information including:
4.1.1 your full name;
4.1.2 your profile picture
4.2 In order to access LINKD, you must register using either your LinkedIn or Facebook login. You acknowledge and agree that by registering with us we may access and share with individuals who have registered on the Sites certain information in your LinkedIn or Facebook account, including:
4.2.1 your full name;
4.2.2 your profile picture; and
4.2.3 the name and profile picture of your LinkedIn or Facebook connections.
4.3 You are responsible for maintaining the confidentiality of your account details, including any user identification codes, passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.
4.4 You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
4.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4.6 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
4.7 You may delete your account at any time, for any reason, by following the instructions on the Sites.
5. INTELLECTUAL PROPERTY RIGHTS AND USE OF THE APP
5.1 We grant you a non-exclusive, non-transferable licence to install and use a copy of the App on your mobile device for the purposes of the services offered by the App only.
5.2 We do not claim any ownership rights in any content posted by you on the Sites (“Content”). After posting the Content to the Sites, you continue to retain all ownership rights in such Content and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Sites, you hereby grant to us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Sites.
5.3 Save for your Content:
5.3.1 we are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright, trade marks, database right and other intellectual property rights. All such rights are reserved; and
5.3.2 you may not without our prior written consent (except to the extent required in order to use the Sites in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayed or performed on the Sites or systematically extract such content or in any way use or exploit commercial any such content.
6. YOUR CONDUCT AND INTERACTION WITH USERS
6.1 Our service allows individuals who have registered on the Sites to communicate with other individuals who have also registered on the Sites. Any communications with other individuals who have also registered on the Sites should comply with our content standards in clause 6.6 below.
6.2 You are responsible for your use of the Sites and any activities associated with your use of the Sites. This includes any online or offline interactions with other users of the Sites.
6.3 You acknowledge and agree that:
6.3.1 the Sites do not operate as a relationship brokering service and we are not obligated to successfully broker any relationship for you;
6.3.2 LINKD is not responsible for the conduct of any individual who has registered on the Sites or their compatibility with you;
6.3.3 LINKD does not conduct criminal background checks or screening of individuals who have registered on the Sites; and
6.3.4 you will take all necessary precautions with your interactions with any individuals who have registered on the Sites, in particular if you interact with any user outside of the Sites.
6.4 You may use the Sites only for lawful purposes. You may not use the Sites:
6.4.1 in any way that breaches any applicable local, national or international law or regulation;
6.4.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.4.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 6.6 below;
6.4.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
6.5 You also agree not to access without authority, interfere with, damage or disrupt:
6.5.1 any part of the Sites;
6.5.2 any equipment or network on which the Sites are stored; or
6.5.3 any software used in the provision of the Sites.
6.6 You are responsible for the content that you publish or display or transmit to other users of the Sites. Such content must not:
6.6.1 contain any material which is defamatory of any person, obscene, offensive, hateful, or inflammatory;
6.6.2 promote sexually explicit material, violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.6.3 infringe any copyright, database right, trade mark or other proprietary right of any other person;
6.6.4 be likely to deceive any person or made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
6.6.5 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
6.6.6 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case;
6.6.7 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. SUSPENSION AND TERMINATION
7.1 Failure to comply with any of the provisions of clause 6 may result in our taking all or any of the following actions:
7.1.1 immediate, temporary or permanent withdrawal of your right to use the Sites;
7.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Sites;
7.1.3 issue of a warning to you;
7.1.4 legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.1.5 disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary;
7.1.6 disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
7.2 The responses described in clause 7.1 are not limited, and we may take any other action we reasonably deem appropriate.
8. LIMITATION OF OUR LIABILITY
8.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Sites or any content on it, whether express or implied.
8.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
8.3.1 use of, or inability to use, the Sites;
8.3.2 use of or reliance on any content displayed on the Sites; or
8.3.3 the conduct of any individual who has registered on the Sites.
8.4 Please note that we only provide the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Sites or to your downloading of any content on it, or on any website linked to it.
8.6 We assume no responsibility for the content of websites linked on the Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. IN-APP PURCHASES
9.1 We may offer additional products and services for purchase by you directly within the App ("in-app purchases"). In-app purchases may be made through your accounts with certain third parties, such as the App Store, Google Play or other application platforms (“third party account”).
9.2 If you make an in-app purchase, you will be billed for such purchase through your third party account. You should review the terms and conditions of your third party account, over which we have no control.
9.3 You acknowledge that in-app purchases may include a free trial period entitling you to use additional products or services for free for a specific period from the moment you activate such trial period. At the end of the free trial period, you will be charged the price of the relevant subscription by your third party account and will continue to be charged until you cancel your subscription. If you do not want to pay for the additional product or service, you must cancel your subscription before the end of free the trial period. You may only use a free trial period once. We reserve the right to withdraw or modify a free trial period at any time without notice and without liability.
9.4 All fees and charges are non-refundable. You acknowledge and agree that, subject to the terms and conditions of your third party account, upon suspension or termination of your account for any reason you will not be entitled to a refund of any fees paid for in-app purchases and we shall not be liable to you for any such fees.
10.1 We do not guarantee that the Sites will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites. You should use your own virus protection software.
10.3 You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites.
11. LINKING TO THE SITES
11.1 You may link to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link to the Sites in any website that is not owned by you.
11.3 The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page.
11.4 We reserve the right to withdraw linking permission without notice.
12. THIRD PARTY LINKS
12.1 Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or the performance of the services. Your dealings with, and interest in, services, merchants or promotions found on or via the Sites are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.1 These Terms constitute the agreement between you and us for the use of the Sites and the contents and services available through them.
13.2 Our Privacy and Cookies Policy will also apply to your use of the Sites. Our Privacy and Cookies Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Sites, you consent to such processing and you warrant that all data provided by you is accurate.
13.3 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
13.4 If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
13.5 If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
13.6 If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.
13.7 All legal notices in relation to the Sites or these Terms should be given in writing and addressed to email@example.com
13.8 These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
13.9 Questions, comments and requests regarding these Terms should be sent by email to firstname.lastname@example.org
Last updated: 13 April 2018