Terms of Use

General
This website, the Blinq mobile applications and related services are owned and operated by Blinq Technologies Pty Ltd (ABN 49 617 712 919). By accessing and/or using this website/mobile applications and related services (Services), you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using the Services if you do not agree to these Terms. In these Terms, ‘Blinq Technologies’, 'us', 'we' and 'our' means Blinq Technologies Pty Ltd.

Registration

You may need to be a registered member to access certain features of the Services.

When you register and activate your account, you may provide us with personal information such as your email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, you will set up a login email address and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this account.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the website in accordance with these Terms.

Collection Notice

We collect personal information about you in order to respond to your enquiry, process your registration, or provide you with access and functionality of our app or website and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services/products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to hosting/data storage/cloud based entities located in The United States of America.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website or app, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website or app. You should monitor any changes to the information contained on this website or app.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or app or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website or app is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website or app (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website or app updated. We are not liable to you or anyone else if errors occur in the information on the website or app or if that information is not up-to-date.

Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Purchases

You may choose to purchase a Blinq Premium or Blinq Business subscription, which you can do so via the website or the mobile applications.

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and billing frequency (annual or monthly) as described within your dashboard view (view at dash.blinq.app, then select ‘Manage my subscription’ in the left menu or in your mobile app) and provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorise us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. YOU ACKNOWLEDGE AND AGREE THAT (A) BLINQ TECHNOLOGIES (OR OUR PAYMENT PROCESSOR) IS AUTHORISED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY OR YEARLY) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES AND (B) YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT [[email protected]] OR VIA THE INTERFACE OF THE SERVICES; PROVIDED, THAT, ANY SUCH CANCELATION WILL BE EFFECTIVE AT THE END OF YOUR CURRENT ANNUAL OR MONTHLY BILLING PERIOD, AND THAT CANCELATION WILL NOT RESULT IN ANY REFUND OF PREPAID FEES. If you dispute any charges you must notify Blinq Technologies in writing within sixty (60) days after the date that Blinq Technologies charges you. We reserve the right to change our prices. If we do change prices, we will provide notice of the change through the Service or in email to you, at least 30 days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Blinq Technologies thirty (30) days after the mailing date of the invoice, or the Services may be terminated.

If you have been provided access to the additional features as part of your employer’s business account with us, you acknowledge that your right to access and use specific features is subject to the terms of that subscription and agreement between us and your employer. Your access to these features may be revoked at any time.

Blinq Premium Subscription

You may at any time terminate your subscription, in which case your subscription will still be valid for the subscription time you have already paid for. Our auto renewable in-app purchase subscriptions can only be cancelled using the App Store or Google Play cancelation services. If you would like to contact Apple, please click here. Subscription fees can be found in the mobile application, Blinq. We reserve the right to change the subscription fees from time to time.

If you purchased the Blinq Premium subscription from our website, it can be cancelled by visiting dashboard at dash.blinq.app, then selecting 'Manage my subscription' in the left menu, then cancelling from the portal.


Blinq Business Subscription

You may at any time terminate your subscription, in which case your subscription will still be valid for the subscription time you have already paid for. It can be cancelled by visiting dashboard at dash.blinq.app, then selecting 'Manage my subscription' in the left menu, then cancelling from the portal.


Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.


Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and app and in all of the material (including all text, graphics, logos, audio and software) made available on this website and app (Content).

Your use of this website and app and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or app or the Content. However we do grant you a licence to access the website and app and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or app or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website or app, the Content or any part of it is prohibited, except to the extent permitted by law.


No commercial use

The Services are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.


Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.


Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.


Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.


Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.


Contacting us

If you would like to contact us to understand more or wish to contact us, you may do so via the contact form or send an email to [email protected].


Last updated 27 April 2021.