TERMS & CONDITIONS OF USE
1. ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to LANKALIST Australia (hereinafter, "LANKALIST") LANKALIST will provide a user (“you”) with services on our Website (“Site”) in accordance with the following Terms and Conditions of Use ("TCU"), which may be periodically updated by LANKALIST without prior notification. You can review the most recent version of the TCU at any time.
Therefore, please read this TCU carefully. Your authorization to use the LANKALIST Site is conditioned on your agreement with and acceptance of this TCU. By using this Site, you are indicating your acceptance to be bound by this TCU and any future revisions thereto. We may revise this TCU at any time by updating this posting (with any such revisions being immediately after being posted on the Site). Your continued or subsequent use of the Site after such revisions have been made will constitute your acceptance of such revised TCU. For this reason, you should visit this page periodically to review this Terms of Use. As used in this TCU, the terms “Company,” “we,” “us” and “our” refer to LANKALIST, and its subsidiaries and affiliates. To the extent the websites of any third party, our subsidiaries or our affiliates contain terms of use that may apply to this Site and are inconsistent with any terms in this Terms of Use, the language in this TCU shall control for this Site.
In addition, when you are using services of LANKALIST or operated by LANKALIST, you and LANKALIST will be subject to any use guides or rules corresponding to those services, which may be published periodically. All these usage guides or rules are incorporated into these TCU.
2. SITE CONTENT
You acknowledge that the Site contains information, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, sound, images and other material (collectively, the “Content”) that are protected, individually and collectively, by copyright, trademark, patent or other proprietary rights of the Company or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Terms of Use or applicable law (including, without limitation, Australian. copyright, trademark and patent law). Subject to the terms and conditions of this Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree to comply with all laws relating to copyrights, trademarks or patents, in your use of this Site, and to prevent unauthorized copying of the Content. Concerning certain, designated Content, you may make a single copy of the Content, provided that the copy is made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way. You must not delete or alter any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, modify or distribute in any way the Content without obtaining permission of the owner of the copyright or other proprietary right. Your access and use of the Site in accordance with this Terms of Use does not give you any right or interest in any Content or other information available on the Site, which at all times shall remain the property of the Company or the owner.
3. SERVICE DESCRIPTION
LANKALIST provides users with access to a wide collection of classified ads and resources including various communication tools, purchasing services, personalized content and third-party programming ("branded programming") through its network of properties, to which It can be accessed through various known means or devices or to be developed in the future (the "Service"). You understand and accept that the Service may include advertising and that it is necessary for LANKALIST to provide the Service. You also understand and accept that the Service may include certain communications from LANKALIST, such as service announcements, administrative messages and the LANKALIST Newsletter, and that these communications are considered part of the LANKALIST membership and that you. You can choose not to receive them. Unless expressly stated otherwise, any new functionality that increases or improves the current Service, including the release of new LANKALIST properties, will be subject to these TCU. You understand and accept that the Service is provided "AS IS" and that LANKALIST assumes no responsibility for the delay, deletion, wrong delivery or failure to save any user communication, or personalization criteria ("personalization settings"). You are responsible for obtaining access to the Service, which may include third party charges (such as charges from the Internet access or communications provider). You will be responsible for such charges, including those charges associated with the display or delivery of advertising.
Further, please keep in mind that LANKALIST has created certain areas in the Service that host content intended only for adults or mature people. You must be of legal age to access these areas and review those contents.
4. YOUR REGISTRATION OBLIGATIONS
As an essential condition for using our Service, you agree to provide full and truthful personal information required for the registration form and other website's online forms, and to update it. No website registration is required to view any information intended for public use.
To begin using our Service and posting information, you must create a membership account on the Site. If you attempt to post an entry, LANKALIST will prompt you to complete a simple registration procedure. If you provide information that is false, inaccurate, outdated or incomplete, or if LANKALIST has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete.
5. USER ACCOUNT, PASSWORD AND SECURITY
In LANKALIST Marketplace, you can create a LANKALIST user account and log in using your Email, Google, or Facebook account. When using your Google credentials, you don't need to remember a separate username and password for LANKALIST. Your profile picture is automatically imported from Google.
You will be responsible for maintaining the confidentiality of the password and account, being also sole and absolute responsible for all activities that occur under your password or account. You agree to: (a) immediately notify LANKALIST of any unauthorized use of your password or account or any other security breach, and (b) ensure that your account is closed at the end of each session. LANKALIST will not be liable for any loss or damage resulting from its breach of the provisions of this article.
a. You are responsible for the security of your login and password and for all activities at LANKALIST carried out on your behalf, i.e. under your account.
b. If you cannot login using your login and password or if you are certain that someone is using your account without your consent, contact the Help Desk
c. Your e-mail address, Google, or Facebook account will serve as a login to your LANKALIST Account. You set a password yourself.
d. You can change your login and password in the User Profile section of your LANKALIST Account.
e. If you forgot your password, click the link Forgot Password just below your login box. Once you complete it, you will receive an email into your mailbox with your new password.
f. The administration is entitled to ban the use of specific logins and/or to withdraw them in the event of breach hereof. LANKALIST is not responsible for possible data loss or corruption due to your breach of the conditions hereof.
6. USER BEHAVIOUR
You understand and agree that you, as well as other users, are personally responsible for all information, data, texts, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or transmitted privately on LANKALIST. Under no circumstances will LANKALIST be responsible for the content created by its users. LANKALIST does not control the Content published through the Service and, for this reason, does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that by using the Service, you may be exposed to Content that may be offensive, indecent or questionable.
User-submitted content is partially moderated, so you are kindly asked to be polite and use our services as intended. Should you notice content that directly insults you or is inconsistent with the commonly accepted moral standards, do not hesitate to contact our Help Desk.
• The administration of LANKALIST has a right (not an obligation) to reject posting or remove any content at its own discretion.
• Users are to evaluate the risks related to content usage, including its reliability, fullness or utility, on their own.
• The way of services’ operation may require transmitting your content via computer networks and modify it to make it compliant with technical requirements.
7. UNSOLICITED SUBMISSIONS
We are pleased to hear from our customers and site users and welcome your comments regarding our Company and the Site. If you send us comments, suggestions, ideas, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
8. APPLICABLE LAW
We maintain the Site from our offices within Victoria, Australia. We make no representation that the Content in the Site is appropriate or available for use in any jurisdiction, and access to them from locations in which such Content is illegal is prohibited. Those who may choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Australian export laws and regulations. Any claim relating to the Site or the Content shall be governed by the internal laws of the state of Victoria, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the state of Victoria.
9. RESTRICTIONS
LANKALIST can set restrictions as to the use of services, including post and content retention period, maximum number of posts, etc.
The administration of LANKALIST may send information messages to its users.
LANKALIST services may contain links to other sources. The administration of LANKALIST is not responsible for availability and content of these sources.
LANKALIST grants you a non-exclusive right to use the services of the site. However, it is forbidden to copy or modify software, create programs and similar service derivatives from the current source, modify or decompile the source code of the services provided hereunder.
Site content is determined by LANKALIST staff.
10. INDEMNITY
You agree to indemnify and keep harmless and harmless to LANKALIST, its controllers, subsidiaries, companies under common control, affiliates, authorities, agents, associates or other partners and employees, of any claim or claim, including reasonable fees of the attorneys, initiated by third parties due to or originating in the Content that you send, publish, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TCU, or your violation of the Rights of a third party.
11. MODIFICATIONS TO THE SERVICE
LANKALIST reserves the right to modify, or discontinue the Service or any part thereof, temporarily or permanently, at any time and periodically, so LANKALIST will not be liable to you or third parties for any modification, suspension or interruption. from service.
12. TERMINATION
This Terms of Use is effective until terminated by either party. If you no longer agree to be bound by this TCU, you must cease all further use of and access to the Site, and any notification of termination or other rejection of this TCU is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
13. TREATMENTS WITH ADVERTISERS
Your correspondence or commercial agreements with advertisers found on or through the Service, or your participation in your promotions, including payment and delivery of related goods or services, and any other terms and conditions, warranties or representations associated with such agreements, will be only between you and said advertiser. You agree that LANKALIST will not be liable or liable for any loss or damage of any kind caused as a result of such agreements, or that it is the result of the presence of such advertisers in the Service.
14. LINKS TO THIRD-PARTY WEBSITES
Occasionally, we may make available a link to a third party’s Website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents or security of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for Webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse, and make no warranty or representation regarding, any such site or its use or contents. Links do not imply that we are affiliated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links.
15. PROPERTY RIGHTS OF LANKALIST
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
• Your address, telephone number and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. DISCLAIMERS AND LIMIT OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS (COLLECTIVELY, THE “PROVIDERS”), WARRANT THAT
(i) USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
(ii) THE INFORMATION, CONTENT, ADVICE OR OPINIONS PROVIDED ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, OR
(iii) THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
(iv) ANY DOWNLOADED MATERIAL OR ANY OTHER FORM OBTAINED THROUGH THE USE OF THE SERVICE IS DONE UNDER ITS OWN DISCRETION AND RISK AND YOU WILL BE ABSOLUTELY RESPONSIBLE FOR ANY DAMAGE TO THE SYSTEM OF YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THESE RESULTS.
(v) THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US OR ANY PROVIDER SHALL CREATE ANY WARRANTY.
17. LIMIT OF LIABILITY
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY LINKED WEBSITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS, REASONABLE ATTORNEYS’ FEES AND LIABILITIES THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE.
18. NO EXISTENCE OF THIRD-PARTY BENEFICIARIES
You agree that, unless otherwise provided in these TCU, there will be no third-party beneficiaries to this Agreement.
19. NOTIFICATION
Notifications, including those related to changes to the TCU, may be sent by email or regular mail or announced on the Service.
20. INFORMATION ON REGISTERED TRADEMARKS
The commercial and service brands LANKALIST, the LANKALIST logo, as well as other logos owned by LANKALIST, products and service names, are trademarks of LANKALIST. You agree not to display or use the LANKALIST Marks in any way without prior written authorization from LANKALIST.
21. GENERAL INFORMATION
This Terms of Use constitutes the entire agreement between us (i.e., you and the Company) and governs your use of and access to the Site. You agree to be bound by this TCU, as well as any modifications thereof after we have posted the modified Terms of Use on the Site. Our failure to exercise or enforce any right or provision of this Terms of Use on any occasion shall not constitute a waiver of such right or provision. If any provision of this TCU is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of this Terms of Use remains in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or this Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred.
22. PRICES, PAYMENTS & FEES
• Posting ads on LANKALIST is free for the most part, but there are some Paid Categories and Services for which Users will be charged a transaction fee. Prices, transaction fees and availability of Paid Categories & Services are posted on the Site and are subject to change without notice. We may amend or update prices and transaction fees at any time by posting new prices on the Site.
• Stripe and PayPal are the payment providers available on the LANKALIST marketplace to process monetary transactions. PayPal and Stripe have many similarities such as they both take a processing fee for each completed monetary transaction but there are also differences.
• Both PayPal and Stripe will charge a processing fee for each monetary transaction on your LANKALIST marketplace, these fees are different between the two providers and depends on which country or currency you use. Paypal charges fees every time money is moved from one account to another. Because of the way the commission is paid to LANKALIST Admin, PayPal charges a fee both from the Seller and from the LANKALIST Admin.
• Stripe's fee comes out of the LANKALIST Admin account only. The Seller do not have to pay any additional fee. However, LANKALIST charges a transaction fee from the Seller on each transaction.
Payments may be made by credit or debit card. All credit/debit cardholders are subject to standard validation checks and authorisation by the card issuer to comply with international anti-money laundering regulations before releasing payment.
• LANKLIST's PayPal-powered payment system helps buyers purchase goods and services from sellers. The buyers can pay with either their credit card (no PayPal account required) or with their PayPal account. As the administrator of the LANKALIST marketplace, we charge a fee for each transaction.
• If your card issuer refuses to authorise payment, your order will be cancelled. LANKALIST will not be held liable for the cancellation, and/or for any related fee incurred, and we are not obliged to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card is yours and that there are enough funds or credit available to cover the charges.
• Due to the nature of the Paid Services, any refunds made are at the sole discretion of LANKALIST, on a case by case basis.
23. AGE OF CONSENT
You must be 18 years of age or older to register or use the Services available via the Site.
By continuing to use such Services, you are warranting that you are at least 18 years old and you have the authority to agree to the Terms of Use.
24. COMPLAINTS
Please report any violation of these TCU to our team. You should send your notice of copyright infringement concerning the Site to us at the address set forth in the “Contact Us” section of the Site. We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.