LYNKE Terms and Conditions

Introduction

Welcome to LYNKE.

These terms and conditions outline the rules and regulations for the use of LYNKE's Website (www.mylynke.com) and the LYNKE Application.

LYNKE is a product of the company Zapphire, located at Bangalore, India

By accessing this website we assume You accept these terms and conditions in full. Do not continue to use LYNKE's Website or Application if You do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements:

"Client", “You” and “Your” refers to you, the person accessing the Website or Application and accepting Our terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our company Zapphire, or our product LYNKE.

“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

When we mention the term “User”, or “Users”, we are referring to individuals or groups who use Our Website or Application.

When We mention the term “Website", We are referring to (www.mylynke.com).

When We mention the term “Application”, We are referring to the LYNKE Application available on the Apple App Store and Google Play Store.

When We mention the term “LYNKE”, We are either referring to the Website (www.mylynke.com), or Our Application available on the Apple App Store and Google Play Store, or an individual’s LYNKE, which is an Online Digital Card containing personal and contact information, which can be shared with other LYNKE Users.

In this document, We will refer to LYNKEs as Online Digital Cards.

When We refer to the term “Subscription”, We are referring to either a LYNKE Subscription, LYNKE Cloud Subscription, or LYNKE Corporate Package Subscription.


Conditions of Use

In order to use LYNKE’s services, You must be 18 or older. Or, You must be 15 or older and have Your parent or guardian consent.

Also, the information provided to LYNKE should be true and accurate.


Payments

We will bill You as per Your selected Payment Method for the Subscription purchased by You at the time of purchase, be it a LYNKE Subscription, LYNKE Cloud Subscription, or LYNKE Corporate Package Subscription through the third party payment gateway.

You cannot cancel a LYNKE Subscription from the Website, but can simply choose to not pay for a particular Subscription for the following month. It may take a few days for Your payment made to Us to be reflected in Your account.

LYNKE does not offer any free trials of any particular service or plan.

When the payment for a LYNKE Subscription is made through the Application using iTunes or Google Play, the payment is charged automatically at the end of every Subscription cycle of 6 months.

You cannot change your Payment Method during a particular Subscription cycle. If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and We reserve the right to terminate the Subscription offered to You.

The Subscription fee will be billed at the beginning of Your Subscription cycle, as applicable and each Subscription automatically renews unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms & Conditions.

To see the date identifying the end of Your Subscription cycle for a particular LYNKE, You need to visit the "My LYNKEs" section of Your Individual Account.

If You change Your Subscription plan, this could result in changing the day on which You are billed and the amount which You are billed.

In case of change in the Subscription Fee for a particular Subscription plan that is already opted by You, We will give You an advance notice of these changes.

The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.

Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed.

Accordingly, the Subscription as per the revised plan opted by You shall be effective only after the expiry of the then current Subscription period.

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

You also understand and acknowledge that We only facilitate the third party payment gateway for processing of payments. This facility is managed by the third party payment gateway provider and You are required to follow all the terms and conditions of such third party payment gateway provider.

You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that We shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You can file any complaint related to payment processing on the Website and the same will be forwarded to the concerned third party payment gateway provider for redressal.

Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the “View Billing Information" section in the “Settings” section of Your Account, and an email of the invoice will also be sent to You.

Upon payment being received by Us through any Payment Method, We shall make the Subscription available to You.

It is hereby clarified that the Subscription offered to You are offered by Us and not by any third party including any payment gateway service providers. We reserve the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

We reserve the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit.

Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, You may do so.

You may cancel your automatically renewing LYNKE Subscription from Your account settings of iTunes or Google Play, and You will no longer be charged for the Subscription from the next Subscription cycle, and the service will no longer be available to You.

Post-cancellation, if You wish to continue your Subscription, You may do so.

Refund Policy

The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.

The Subscriptions are charged on an automatically renewing cycle on the Application, and manually on the Website.

There are no refunds provided for Subscriptions already purchased from LYNKE, however the Subscriptions can be cancelled at any time during the Subscription cycle from Your iTunes or Google Play account when purchasing a Subscription from the Application, and no payment will be deducted from Your account in the next cycle.


Cookies

We employ the use of cookies. By using LYNKE’s website you consent to the use of cookies in accordance with LYNKE’s privacy policy. Cookies are used in some areas of our website to enable the functionality and usability for our users. Some of our affiliate / advertising partners may also use cookies.


License

Unless otherwise stated, We own the intellectual property rights for all material on Our Website or Application. All intellectual property rights are reserved. You may view and/or print pages from www.mylynke.com for Your own personal use subject to restrictions set in these terms and conditions.

You must not:

i) Republish material from http://www.mylynke.com
ii) Sell, rent or sub-license material from http://www.mylynke.com
iii) Reproduce, duplicate or copy material from http://www.mylynke.com
iv) Redistribute content from LYNKE (unless content is specifically made for redistribution).


Intellectual Property Rights

With every LYNKE created, any Contact Details, including, inter alia, Our logos and trademarks and the Online Card Owners' images, shall remain vested with their applicable owners, and the use of the Website and Application as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to Us, but rather grants Us with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display and make available to other LYNKE (Online Digital Card) Owners any of the Contact Details.


Hyperlinking to our Content

1.The following organisations may link to our Web site without prior written approval:

i) Government agencies;
ii) Search engines;
iii) News organisations;
iv) Online directory distributors when this Party lists Us in the directory may link to Our Website in the same manner as the Party hyperlinks to the Websites of other listed businesses; and
v) Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to Our Website.

2.These organisations may link to Our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking Party and its products or services; and (c) fits within the context of the linking Party's website.

3.We may consider and approve in Our sole discretion other link requests from the following types of organisations:

i) Commonly-known consumer and/or business information sources
ii) dot.com community sites,
iii) associations or other groups representing charities, including charity giving sites,
iv) online directory distributors,
v) internet portals,
vi) accounting, law and consulting firms whose primary clients are businesses and
vii) educational institutions and trade associations.

We will approve link requests from these organizations if We determine that: (a) the link would not reflect unfavourably on Us or Our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with Us; (c) the benefit to Us from the visibility associated with the hyperlink outweighs the absence of LYNKE; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

If You are among the organizations listed in paragraph 2 above and are interested in linking to Our website, You must notify Us by sending an e-mail to contact@mylynke.com.

Please include Your name, Your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of Your website, a list of any URLs from which You intend to link to Our Website, and a list of the URL(s) on Our Website to which You would like to link. Allow upto 1 week for a response.

Approved organizations may hyperlink to our Web site as follows:

i) By use of our corporate name or
ii) By use of the uniform resource locator (Web address) being linked to or
iii) By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Our logo or other artwork will be allowed for linking in the absence of a trademark license agreement.


Frames

Without prior approval and express written permission, You may not create frames around Our Website or Application or use other techniques that alter in any way the visual presentation or appearance of Our Website or Application.


Content Liability

We shall have no responsibility or liability for any content appearing on Our Website or Application. You agree to indemnify and defend Us against all claims arising out of or based upon Our Website or Application. No link(s) may appear on any page on Our Website or Application or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.


Reservation of Rights

We reserve the right at any time and in its sole discretion to request that You remove all links or any particular link to Our Website or Application. You agree to immediately remove all links to Our Website or Application upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to Our Website or Application, You agree to be bound to and abide by these linking terms and conditions.


Removal of links from our website

If You find any link on Our Website or Application or any linked website objectionable for any reason, You may contact Us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to You.

Whilst We endeavour to ensure that the information on this Website is correct, We do not warrant its completeness or accuracy; nor do We commit to ensuring that Our Website or Application remains available or that the material on Our Website and Application is kept up to date.


Disclaimer

To the maximum extent permitted by applicable law, We exclude all representations, warranties and conditions relating to Our Website and Application and the use of Our Website or Application (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

i) limit or exclude our or your liability for death or personal injury resulting from negligence,
ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation,
iii) limit any of our or your liabilities in any way that is not permitted under applicable law or
iv) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

LYNKE’s information and services will not be liable for any loss or damage of any nature.


Contact

For any questions regarding the terms and conditions set out above, please email Us at contact@mylynke.com.