Terms of Service
These terms apply to Lynqoria and govern use of the Lynqoria website, platform, services and communications.
References to “Lynqoria”, “we”, “our” and “us” mean the provider of the Lynqoria services. References to “customer”, “you” and “your” mean the person or organisation using our services. By creating an account or using the services, you agree to these terms.
Lynqoria provides business-to-business communications services. You confirm that you are acquiring the services in the course of business, that you have authority to enter into these terms, that the information you provide is accurate, and that you will comply with all laws applicable to your communications, data and customers.
You are responsible for your account, users, credentials and API keys, and for all activity that occurs under your account. You must keep credentials secure, notify us promptly of any suspected unauthorised use, and ensure your users comply with these terms and our Acceptable Use Policy.
Your use of the services must comply with our Acceptable Use Policy, which forms part of these terms. Prohibited use includes fraud, scams, harassment, unlawful marketing, phishing, impersonation, malware distribution, misleading communications, unlawful gambling promotion, exploitation, hate or threats, evasion of network rules, and any activity that creates legal, regulatory, network, security or reputational risk.
Pricing is quoted individually for each customer and set out in your quote or order rather than published as a standard price list. Fees may include subscriptions, prepaid credits, usage charges, setup fees, number rental, carrier pass-through fees, supplier charges, taxes and other agreed charges. Unless stated otherwise, prices are in Australian dollars and are exclusive of GST, which will be added where applicable. Charges may vary by destination, provider, network, usage type and regulatory requirement. Billing is governed by our Billing Policy.
We and our licensors retain all intellectual property rights in the platform, software, documentation and materials. You retain your rights in your own content and data. You grant us the limited rights needed to provide the services, including transmitting your communications through relevant networks and suppliers.
Each party may receive confidential information from the other. Each party will protect the other’s confidential information and use it only to perform its obligations or exercise its rights under these terms, except where disclosure is required by law.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the Australian Consumer Law applies and permits us to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.
Communications services depend on third-party networks, carriers, suppliers, internet connectivity, recipient devices and destination-country regulations. We will use reasonable efforts to provide reliable services in line with our Service Level Policy, but except as required by law we do not guarantee uninterrupted availability, delivery to every recipient, or performance outside our reasonable control.
To the maximum extent permitted by law, and subject to the consumer-guarantees clause above, we exclude liability for indirect, consequential, special or loss-of-profit damages, and our total aggregate liability arising in connection with the services is limited to the fees paid by you for the relevant services in the three months before the event giving rise to the liability. Nothing in these terms limits liability that cannot be limited by law.
We may suspend, restrict or terminate access where reasonably required for security, compliance, supplier requirements, unpaid invoices, misuse, suspected unlawful activity, unacceptable risk, technical protection or breach of these terms. Where practicable we will give notice, but suspension may occur without prior notice where urgent action is required. You may close your account in accordance with your plan; fees already incurred remain payable.
You indemnify us against claims, losses and costs arising from your content, your communications, your breach of these terms or the Acceptable Use Policy, or your breach of applicable law, except to the extent caused by our own breach or negligence.
Neither party is liable for failure or delay caused by events beyond its reasonable control, including network or carrier failures, acts of government, natural events, or major internet disruptions.
These terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.
Questions about these terms may be sent to contact@lynqoria.com.au.