Website Terms of Use

Acceptance of the Terms

This website and content, features, functionality, and services offered on or through this website (Site) is operated by Blinq Technologies Pty Ltd (ABN: 49 617 712 919) (Blinq, we, our or us). These website terms of use, together with any documents they expressly incorporate by reference (collectively, Terms) apply to your access to and use of the Site.

Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use this Site.

Conditions of access

This Site is offered and available to users who are 18 years of age or older.

By using this Site, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us, or if you are between 13 and 18 years of age, you have obtained permission from your parent or legal guardian to access and use this Site and your parent or legal guardian has read these Terms with you.

If you do not meet all of these requirements, you must not access or use this Site.

If you are the parent or legal guardian of a person between the between 13 and 18 years of age who intends to use this Site, you agree:

to supervise the minor’s use of this Site;
to assume all risks associated with, and liabilities resulting from and in connection with, the minor’s use of this Site;
to ensure that the content on this Site is suitable for the minor; and
to be bound by the Terms and to be responsible for the minor’s use of this Site.

Information and availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of the Content or Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

Conduct we don't accept

You may use this Site only in accordance with these Terms. In accessing and using this Site you must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
interfering with any user of the Site;
tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
using the Site to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
facilitating or assisting a third party to do any of the above acts.

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Content you upload

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the Site, including to our social media channels, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt or modify such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse, support, sanction, encourage, verify or approve, and are not responsible for, any User Content and exclude all liability in relation thereto.

We may, at any time (at our sole discretion), remove any User Content. While we endeavour to review and may remove User Content (e.g., where it is unlawful or inappropriate), there may be some time where such content is able to be viewed before it can be removed.

Access suspension and content removal

To the fullest extent permitted by law (including the Australian Consumer Law), we have the right to, at any time and without notice:

remove, suspend or limit your access to this Site;
remove or refuse to post any User Content; and
take any other action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Site or the public, or could create liability for the company.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, support, sanction, encourage, verify or approve, and exclude all liability in relation to, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

Online Purchases and Other Terms and Conditions

All purchases through this Site or other transactions for the sale of goods or services, formed through this website, or resulting from visits made by you, are governed by our Terms and Conditions.

Additional terms and conditions may also apply to specific portions, services, or features of this Site.

Linking to this Site

You may link to this Site, provided you do so in a way that is fair and legal; and does not damage our reputation or suggest any form of association, approval, or endorsement on our part.

If requested by us, you must remove any hyperlink to this website contained on your website or any other digital content.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this.

Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law):

we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, not caused by our negligence or fraud including arising directly or indirectly from or in connection with this Site or the Content; and
our liability to you for loss or damage of any kind arising out of this Site or the Content will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.

Indemnification

You agree to defend, indemnify, and hold harmless Blinq, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

a breach of these Terms;
a breach of laws; or
the infringement or alleged infringement of the intellectual property rights of any person,

to the extent caused, or contributed to, by you, or your User Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part).

Which laws govern these Terms

These Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

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For any questions and notices, please contact us at [email protected].

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Last update: 21 January 2025.

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