| This Terms of Use outlines: |
| Part A - UnionBank GlobalLinker’s Terms of Use |
| Part B - Linker.store Terms of Use |
| PART A - UnionBank GlobalLinker Terms of Use / User Agreement |
| Updated on: 27th March 2024 |
| This User Agreement (“Agreement”)/Terms of Use sets out the terms, conditions and policies that govern the use of unionbank.globallinker.com (“UnionBank GlobalLinker”). By signing up for UnionBank GlobalLinker or by using our webpage, including our services or any content or information which is provided as a part of UnionBank GlobalLinker services, you acknowledge that you have read and understood all the terms, conditions and policies governing UnionBank GlobalLinker, which includes without limitation the terms of this Agreement, UnionBank GlobalLinker’s Privacy Policy and other Agreements, and that you agree to be bound by all of its provisions. If you are using UnionBank GlobalLinker on behalf of a firm/enterprise or another legal entity (“Company”), you are nevertheless individually bound by the terms, conditions and policies governing GlobalLinker even if your Company has a separate agreement with us. If you do not agree to the terms of this Agreement (as may be updated from time to time), you may not sign up for UnionBank GlobalLinker or access, view, download or otherwise use UnionBank GlobalLinker webpage, content, information or services or may close your existing UnionBank GlobalLinker Account. |
| Scope of this Agreement |
| 1 Introduction |
| 1.1 About UnionBank GlobalLinker |
| UnionBank GlobalLinker– a business networking solution, aims to help small and medium businesses in making their business growth simple. The solution contains many modules and features which are brought together to create a single experience Welcome to UnionBank GlobalLinker, a global business network, operated and owned by DigiVation World Pte Limited (“DigiVation”), a company incorporated and registered in the Philippines, and offered by UnionBank of the Philippines (‘UnionBank’) to small and medium enterprises (SME) and to those owning, managing and/or employed with such SMEs. UnionBank GlobalLinker provides access to a wide range of modules and features, supported by expert and community interaction, and helps, among other things, find work/business opportunities, strike deals, learn new concepts, and exchange ideas. UnionBank GlobalLinker may be used by SME owners and employees in the Philippines (and to a limited extent, initially, by those outside the Philippines). |
| 1.2 UnionBank GlobalLinker’s Scope of Services |
| What you may expect from the services, features and capabilities offered by UnionBank GlobalLinker as a bouquet of SME relevant services in a single place UnionBank GlobalLinker consists of several modules and features and presents special offers on products and/or services (via “Offers” etc.) from select Affiliate Partners (“Affiliate Services”) and UnionBank of the Philippines (“UnionBank Services”) in addition to a ‘Banking Solutions’ widget. Together, these modules, features and Offers create the services (“Services”). UnionBank GlobalLinker contains information, data, applications, graphics, editorial and other content accessible by any Internet user, and graphic files, audio files, video files, information, data, editorial, and other material accessible only to those who become Members. To the extent you have access to UnionBank GlobalLinker or are using a Service without having completed the Sign-Up process, you are hereby notified that your continued use of the Service is subject to the terms and conditions of this Agreement. The Service also includes but is not limited to free business tools, including small business network, private email, chat, job postings, message boards, articles, discussions and groups (collectively, the "Content"). By signing up for UnionBank GlobalLinker, you will become a ‘Member’ of UnionBank GlobalLinker and your Account will be created. As a Member of UnionBank GlobalLinker, you will also be part of a Global community, as GlobalLinker reaches out to more Members including those signing up to solutions within and outside UnionBank GlobalLinker. This will help expand your interaction options and help create increased value to you as a UnionBank GlobalLinker Member. |
| 1.3 Scope of this Agreement |
| Offerings may encompass several services and communication mediums Using these mediums and services you agree to abide by the terms mentioned for each service. You agree that by using UnionBank GlobalLinker, including our mobile applications*, developer platform, premium services*, or any other content/information provided as part of the Services (*as and when available), you are entering into a legally binding Agreement with DigiVation and you agree to be bound by the terms of this Agreement. You acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. UnionBank GlobalLinker membership is available to SMEs and to those owning, managing and/or employed with such SMEs. If a Company registered on UnionBank GlobalLinker is listed on a public stock exchange, except such platforms specially set-up for Small Businesses by major stock exchanges, and/or is a part of a Conglomerate/Group, UnionBank GlobalLinker reserves the right to offer alternate means for participation on UnionBank GlobalLinker by such a Company(ies) and/or close memberships of such Company(ies) and Members associated with such Company(ies). The promotional offers, special rates and packages offered on UnionBank GlobalLinker are available to a Member only and are non-transferable, non-exchangeable, and non-encashable. UnionBank GlobalLinker reserves the right to discontinue, alter or modify the promotional offers, special rates and packages to a Company(ies) and/or its Members(s) at its sole discretion without assigning any reason. UnionBank GlobalLinker reserves the right to disable access to any Member to UnionBank GlobalLinker without assigning any reason and no cause of action shall lie with such Member. Any attempt to transfer any offer/s available on UnionBank GlobalLinker to someone who is not a Member will be a violation of the Terms of Use and may result in termination of membership and closure of the Company and/or Member Account(s). Using UnionBank GlobalLinker by companies directly or indirectly competing with UnionBank, DigiVation and its partners for the purpose of learning and understanding UnionBank GlobalLinker with intent to produce same or similar solutions and outputs is also not permitted. UnionBank, its partners and DigiVation can be liable to force-close your account and/or take legal action. Any use of UnionBank GlobalLinker, to solicit/sell products and services that are the same or similar to products and services offered on UnionBank GlobalLinker by UnionBank and/or affiliate partners within Offers or as a part of any module, is not permitted. UnionBank GlobalLinker reserves the right to remove such offers or messages made using any communication tool on UnionBank GlobalLinker and/or advise such Company(ies) and/or Member(s) to refrain from making such offers in any form. Repeated attempts to breach these terms may lead to closure of memberships of such accounts. This, however, does not apply to cases of non-solicitation where an interested Company(ies) and/or Member(s) may have contacted the member in question without any solicitation effort. This Agreement is applicable to all the Services available on UnionBank GlobalLinker. In addition to this Agreement, and depending on the Services opted for or products purchased or special promotions or offers availed by you, you accept further terms and conditions of service (“TOS”) for each such Service, if any, which may be updated or modified by UnionBank GlobalLinker from time to time. These TOS can be found in the page of UnionBank GlobalLinker where you will avail of any Service(s) or offer or purchase a product or participate/register for special promotions. You agree to abide by such TOS, including payment of amount when due and comply with all rules and restrictions regarding the availability of products and/or services or offer set out therein. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. For avoidance of doubts, it is clarified that availing of the Services by the Member constitutes an acknowledgement and acceptance by the Member of this Agreement and the TOS. |
| 2 Key Terms |
| 2.1 User |
| Any user who navigates and uses UnionBank GlobalLinker A user may or may not be signed up with (or have created an Account on) UnionBank GlobalLinker A user may use the modules, features, services and content available on the pre-login site of UnionBank GlobalLinker. |
| 2.2 Member |
| A registered User with UnionBank GlobalLinker A Member is a user who has signed up with UnionBank GlobalLinker; directly or via third party sign ups; and verified the Account. A Member who is either inactive or ceases to be associated with a Company may continue to remain a Member so long as his/her user Account is not closed. When a user Account is closed (self-initiated or by UnionBank GlobalLinker), such user ceases to remain a Member. |
| 2.3 Seller |
| If you add your products/services on the platform to be displayed, for inquiry or sale you will be referred to as a 'Seller' at relevant places in the Terms of Use, platform and communications. If you are a part of a marketplace and based on your participation, terms and definitions of such a marketplace will apply and you may be referred to as 'Merchant' 'Customer' 'Business Owner' etc. |
| 2.4 Store Managers, Agents etc. |
| For ease in store management the store access can be extended to Store managers to manage stores. Other alternate users such as agents etc can be added as well. |
| 2.5 Supply Chain |
| To facilitate B2B transactions, Sellers can avail of Supply Chain facility. Members can set up their credit features and add their merchants (Trade Partners) to place orders on their store. Access to this feature depends upon availability of this feature on UnionBank GlobalLinker and/or membership subscription (if applicable) |
| 2.6 Your Company Network |
| Your Company Network on UnionBank GlobalLinker comprises of employees of your Company who have signed up for UnionBank GlobalLinker and joined your Company Account UnionBank GlobalLinker creates a network of Companies with Members associated with it. Company Admin signing up and creating Company Profile agree to provide a true representation of the Company and that the Company is a valid and registered association formed to carry on a legal/legally recognized business. By joining or creating or registering a Company Account on UnionBank GlobalLinker, you confirm that you are truly part of the said Company. All members must use the Company network and its features/tools to communicate only for official/work related activities, using appropriate language to communicate with every member within their Company Network and outside their Company Network. Every member is also responsible for all actions performed on behalf of the Company in connection with communications with other Companies and Members. The company admin reserves the right to 'remove' any member who does not adhere to the above and/or is not a part of the company and has joined the company network. Company Admin (see definition in 2.7 below) should create a unique Company Account, and avoid creation of duplicate Company Accounts. |
| 2.7 Company Administrator (Company Admin) |
| To maintain smooth conduct of Company activities and managing critical requests, the Company Admin plays a critical role in the Company Network, and is responsible for maintaining and managing the Company Profile, Members and other activities. If you are the first employee of your Company to become a Member, you will be designated “Administrator” (Company Admin) of the Company Account on UnionBank GlobalLinker. Any additional employees from your Company will be “provisionally approved” as Members. You will be notified of any new employees joining and action on your employee network via 'My Company Network' in your settings. You may transfer/reassign your “Administrator” (Admin) rights to another Member, who is also an employee of your Company. Your Company Account on UnionBank GlobalLinker will be managed by the Company Admin, either self-appointed (on signing up as the first employee of the said Company) or via ‘rights’ transfer, who will be an employee of your Company. The Company Admin, in addition to Member activities and responsibilities, shall conduct activities so the Company and its Members enjoy benefits and services, update and maintain activities and information, and must be an active member in the Company Account. By being a Company Admin, you agree that you take responsibility for all actions and activities conducted by you on behalf of your Company. As a Company Admin, you are also responsible to ensure correctness of information provided by you or your Company Member in the Company Profile section. As a Member of your Company Account, if you feel that the Company Admin is not acting in the interest of your Company or is inactive, you may contact UnionBank GlobalLinker at info@unionbank.globallinker.com. We at our discretion and on proofs made available may accordingly take action to transfer rights/restrict/remove/close the said Member Account on UnionBank GlobalLinker. |
| 2.8 eBusiness Cards (eBiz Cards) |
| eBiz Cards facilitate networking among Members and Companies on UnionBank GlobalLinker While creating your Account, Biz Cards will be created for your Company (if you are a first time “Administrator” of your Company Account) and for you as a Member. This is a primary form of identification and networking on UnionBank GlobalLinker. Such eBiz Cards and profiles (Company and individual employee Member) are displayed within templates created to aid interaction, networking and promotion of business services between Members of UnionBank GlobalLinker. The information provided in Company and/or Member eBiz cards is the sole responsibility of the Company Admin and Member respectively. UnionBank GlobalLinker, DigiVation or UnionBank are not responsible or liable with respect to the accuracy or representation of information provided in Company and/or Member eBiz cards. VIRTUAL ELECTRONIC BUSINESS CARD NETWORKING (eBiz Cards) is the exclusive property of DigiVation Digital Solutions Private Limited, registered under the US Patents Act. |
| 2.9 Corporate Issuers |
| GlobalLinker offers this platform in partnership with a large Corporation/Trade Body or Government and the branding will be of such Co-Branding Partner (Corporate Issuer). Ownership and operability of the platform lies with GlobalLinker, DigiVation. |
| 2.10 Affiliate Partners |
| Companies who will offer their Products and or Services on special terms to Members and Companies on UnionBank GlobalLinker UnionBank GlobalLinker’s Affiliate Partners may offer, from time to time, an array of SME relevant products and/or services to Members and Companies. Such services may be either exclusive or customized or specially created for UnionBank GlobalLinker Members or Companies and in certain cases may merely offer the convenience of access on UnionBank GlobalLinker. Affiliate Partner products/services and/or offers may be viewed under the Offers section of UnionBank GlobalLinker and at other places too and may be captioned as appropriate and may include the words “Powered by” preceding the name and or logo of such Affiliate Partners. The engagement of Affiliate Partners and their ongoing management and conduct is solely governed by Agreements and terms agreed between such Affiliate Partners and DigiVation and these terms and consequently, their presence and services on UnionBank GlobalLinker are subject to change without prior notice. |
| 2.11 Company Profile |
| A brief description and write up and other factual and descriptive information provided by a Company on UnionBank GlobalLinker for other members to review and use in better understanding the Company, its services and capabilities Every Company on UnionBank GlobalLinker will be required to create, complete and update its Company Profile. This Company profile will be seen publicly by other Members and will be used by them in making decisions, including but not limited to connecting with the Company, its key contacts or employees. The Company Profile is maintained and managed by its Company Admin and other employee members of the Company may submit update requests to the Company Profile for consideration by its Company Admin. Certain information provided in the Company Profile may not be displayed publicly and may only be used by UnionBank GlobalLinker for stated purposes. Certain Services on UnionBank GlobalLinker may be availed of by Members and Companies only upon completion and authentication of the specified fields by UnionBank GlobalLinker or the appointed authorized agents and may be performed by the Company Admin. As a Member of your Company Network, you may also contact the Company Admin to take such action. |
| 2.12 Company Verification |
| UnionBank GlobalLinker conducts a company verification activity; via provision of a government or legally recognised document; or via our partners to identify legal businesses and may also become eligible for use of certain features, special discounts offered by our partners and affiliates. This activity does not endorse authenticity, capability, backing of a company's capabilities to do business with anyone. Members are advised to use their discretion and conduct checks while entering into transactions with other companies. |
| 2.13 Linker.store |
| While building your profile, you will also build your catalog by adding products to your profile. You also agree that the products linked to your profile will be included as part of the B2B service (refer to clause 4.10 - B2B Platform). To use enhanced features of catalog management you will avail of services via Linker.store (“Services”). Your catalogue, basic or advanced store, can be utilized to avail of leads, purchases from UnionBank GlobalLinker members, your customers and visitors to UnionBank GlobalLinker’s marketplaces. By creating your account on UnionBank GlobalLinker, you agree and are also bound by the Terms of Use of Linker.store. You may view and access the Linker.store terms of services by clicking here. |
| 2.14. Community Features |
| UnionBank GlobalLinker offers several interactive tools on the platform that allow users to engage, share, or communicate with one another, on or outside the platform. A few examples are posts, articles, Events etc. |
| 2.15. Marketplaces/Malls/Networks |
| UnionBank GlobalLinker enables its members to get discoverable on varied networks partnered with or managed by GlobalLinker such as Proxtera and other evolving marketplaces (Marketplaces) and may facilitate discoverability, transactions, payments, customer communication. These marketplaces are governed by their own terms and conditions and you also agree to adhere to these terms in addition to the terms of UnionBank GlobalLinker. |
| 3 Your Obligations/Member Responsibility |
| 3.1 Personal Use of our Services |
| Use of our services are restricted to your and your Company’s use as outlined in this Agreement only and not for commercial benefit. You may use the Service(s) only for your personal use, and/or that of your Company, only to the extent that you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of your Company. The Service is not intended for or licensed for any commercial use. We reserve the right to cancel any or all of the Services at any time at our sole discretion without any notice or liability to you or any other person. The download of the whole or significant portions of any functionality of the Service(s), or any part of the Service(s) is prohibited; online or other republication of content is prohibited; and any violation may result in immediate termination of your membership and may result in legal action for injunction, damages, or both. Elements of the Service are protected by trade dress and other applicable laws and may not be copied or imitated in whole or in part. unionbank.globallinker.com, globallinker.com logo products referenced herein are licensed trademarks of DigiVation. All other product names, Company names, marks, logos, and symbols used in the Services may be the trademarks of their respective owners and may be protected by copyrights, trademarks, or other intellectual property rights and other applicable laws. You may use UnionBank GlobalLinker only for lawful purposes and perform no illegal actions, which may harm UnionBank GlobalLinker, its partners, affiliates, members, DigiVation or UnionBank in any way. You will not use UnionBank GlobalLinker to study or understand the functionality to create a Company product or competitive product. |
| 3.2 Registering (sign up) with UnionBank GlobalLinker |
| A Member joining UnionBank GlobalLinker also creates or becomes a part of their Company network on UnionBank GlobalLinker. Registering with UnionBank GlobalLinker provides you access to a host of services and benefits. You will provide true and accurate information about yourself and your Company You may avail of UnionBank GlobalLinker services by creating an Account for your Company (if one does not already exist) and for yourself. If you are the first employee of your Company to become a Member, you will be designated “Administrator” (Company Admin) of the Company Account on UnionBank GlobalLinker. You must be 18 years or older to become a Member of UnionBank GlobalLinker and/or to use the Service(s) available on UnionBank GlobalLinker. By registering with UnionBank GlobalLinker you indicate your Agreement to the terms of this Agreement on the Sign-Up page of UnionBank GlobalLinker, and you confirm to be over 18 years of age. As part of the Sign Up process, you will create your Account by providing a unique email address (“Username”) and password directly to the platform or via third-party sites (including but not limited to Facebook, Google). This will allow a ‘single sign-on’ to all of UnionBank GlobalLinker functions, except those that require additional authentication and it is your responsibility to exercise caution while selecting and managing your UnionBank GlobalLinker single sign-in credentials. UnionBank GlobalLinker, DigiVation or UnionBank are not responsible for the loss or compromise of your sign-in credentials or for any other unauthorized access. You must also provide UnionBank GlobalLinker with accurate, complete, and updated registration information. Failure to do so will mean a violation of the terms of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive. UnionBank GlobalLinker in association with UnionBank conducts group sign up activities to ease sign up for Companies and its employees. Through this exercise a Company member will share employee information directly or indirectly with UnionBank and/or its partners. You understand and consent that such information will be available with UnionBank GlobalLinker before you sign up. Only verified members, and who have created or are a part of their company network on UnionBank GlobalLinker, will have access to UnionBank GlobalLinker and all features. Until then, members will have limited access to their accounts and will be prompted to complete the ‘membership’ process to gain complete rights. UnionBank GlobalLinker may in its discretion at any time require proof of identity of any person seeking to access and use UnionBank GlobalLinker, and may deny access to it or parts of it or refuse to accept or act upon any communication if UnionBank GlobalLinker is not satisfied with such proof. Additionally, UnionBank GlobalLinker also reserves the right to remove or reclaim a Username if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a Member's actual name). Membership with UnionBank GlobalLinker may attract membership fees, if you sign up you agree to subscribe to these fees. UnionBank GlobalLinker reserves the right to contact you through any medium, any channel, and any designated authority to confirm or validate any information provided by you or intimate you of any information. |
| 3.3 Account Security |
| Keep your account secure by creating a password which is difficult to crack. In addition, you must not share your account details and keep it confidential, and take all measures to keep your sign in credentials confidential. Since you are responsible for all usage or activities that occur while using your password or Account on UnionBank GlobalLinker, distribution of your access password to UnionBank GlobalLinker to others is expressly prohibited and shall constitute a violation of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be sufficient ground for termination of your membership with UnionBank GlobalLinker, at our sole discretion, and you may be referred to appropriate law enforcement agencies. UnionBank GlobalLinker will not be liable for any loss that may be incurred by you as a result of unauthorized use of your password or Account, either with or without your knowledge. You shall not use anyone else's password at any time. UnionBank GlobalLinker is not under any obligation to verify the actual identity or authority of any person using Username and password to access and use UnionBank GlobalLinker and may act upon any communication that is given with the use of the password. (a)You shall notify us by e-mail at info@unionbank.globallinker.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information or any other information. (b) You will be responsible for maintaining the confidentiality of your password. You never will be required to reveal your password to any representative or agent of UnionBank GlobalLinker, its owners or agents or other Members. If you receive such requests please alert the UnionBank GlobalLinker team at info@unionbank.globallinker.com |
| 3.4 Services Access |
| Ways and reasons under which your access to services on UnionBank GlobalLinker may be restricted. If you are leaving or are no longer a part of the concerned Company, you agree to discontinue association with the Company Account on UnionBank GlobalLinker or consent to be removed from the said Company Account on UnionBank GlobalLinker. In case you are the Company Admin, you will transfer your Admin rights before closing your Account. By doing so all features, benefits will not be available for access until you are associated with another Company Account on UnionBank GlobalLinker. In case you choose to de-authorise third-party sites to log in to your UnionBank GlobalLinker account, your details continue to remain with us and you may need to reset your access credentials to continue using your account on UnionBank GlobalLinker. In case, you choose to close your Account or change your Company Network or your Company Admin removes you from your current Company Account, you and the Company Admin agree that by closing your Account, all information, files, content, profile and other content from UnionBank GlobalLinker will no longer be accessible to you. |
| 3.5 Content Submission on UnionBank GlobalLinker |
| Content submitted by you should not be in breach of any copyright or intellectual property rights. As part of its Service, UnionBank GlobalLinker allows Members to post messages on various discussion forums, messages, chats and/or classified advertisements, to buy and sell "leads," to ask and answer questions to other Members, and to upload photos, files, information, logos and editorial matter to their Company Profile, chats. UnionBank GlobalLinker claims no ownership rights in any content, editorial matter, image or file uploaded to the Service by you. For the sole purpose of displaying your files/information/profile/content to recipients, including those designated by you, you grant to UnionBank GlobalLinker a perpetual, non-exclusive, royalty-free license to copy and/or distribute these through the Service(s) and when you post content or comment or reply to a comment/question in various discussion forums and other places on the platform, you permit UnionBank GlobalLinker to display and distribute the content, and to use it for advertising and promotion. You agree to submit only content (including but not limited to, images, or any other content) owned by you and that will not violate the property or other rights of other people or organizations. You hereby acknowledge that content, including images, even if submitted to a site/forum/association of which you are a member, belongs to the creator or author of the content and you should not reproduce it without permission of the creator or author. (For example, you may not upload an image of your products unless you have the permission of the photographer who has taken the picture - this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image.) You agree that the content you post does not offend any section on grounds of gender, caste and other socio-economic sensitivities, and the language and images used as a part of such contributions shall be professional without the use of any slander, expletives or foul language. |
| 3.6 Content Confidentiality |
| Content posted by you is public and may be used for distribution by us. DO NOT add information you deem confidential Any communications, submissions, and any other material unless deemed personal by law, including, but not limited to Company information, suggestions, ideas, drawings, concepts, feedback, comments, or other information posted on UnionBank GlobalLinker shall not be subject to any obligation of confidentiality whatsoever by UnionBank GlobalLinker and will be treated as non-proprietary and non-confidential (even if marked confidential or similar denotation). DO NOT POST PRIVATE OR COMPANY CONFIDENTIAL MATERIAL. UnionBank GlobalLinker shall not be liable for any use or disclosure of any such submissions or communications on UnionBank GlobalLinker. UnionBank GlobalLinker reserves the non-exclusive right to edit, copy, publish, and distribute any information or content you transmit or submit to it for any purpose whatsoever without providing any attribution or compensation for using the same. |
| 3.7 Maintaining Conduct on UnionBank GlobalLinker |
| To facilitate network and a growth oriented environment, all Members are expected to respect others on UnionBank GlobalLinker Always treat other Members with courtesy and respect when posting messages, commenting or replying to the discussions, queries, articles, invitations or messages. You will not disrespect or insult any Member or Company due to their origins, religion, caste, race etc. and not use abusive language, expletives and words. Please avoid shouting (using all capital letters) in discussion forums or any negative form of communication on UnionBank GlobalLinker. View UnionBank GlobalLinker’s list of Non-acceptable actions (not exhaustive). UnionBank GlobalLinker reserves the right to terminate the Accounts of Members at its sole discretion and without prior notice, in case of copyright infringement or in case found guilty of abuse by such Member (actual or alleged) or in case of violation of any of the provisions governing UnionBank GlobalLinker. |
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| 3.8 Use of Software and Applications |
| All applications, use of software are governed by the Terms of this or each Agreement If you use or receive software or download applications from UnionBank GlobalLinker as part of the Services (“Software”), it is governed either by specific license for the software, if any, presented by UnionBank GlobalLinker or if no license is presented, the terms of this Agreement and the TOS, if any, apply to the Software. The Software is licensed, not sold, and UnionBank GlobalLinker reserves all rights to the Software not expressly granted by UnionBank GlobalLinker, whether by implication, estoppel, or otherwise. In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Software or disassemble, decompile, or reverse engineer any Software that is included in or accessible through the Services. |
| 3.9 Linking, Copying to UnionBank GlobalLinker |
| No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings Links to UnionBank GlobalLinker without the express written permission of UnionBank GlobalLinker are strictly prohibited. To request permission to link to UnionBank GlobalLinker, please send an email to info@unionbank.globallinker.com UnionBank GlobalLinker may in its discretion cancel and revoke any permission it may give to a link to UnionBank GlobalLinker at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of UnionBank GlobalLinker or posting any of its content in any form and by any means in violation of terms hereof is strictly prohibited. |
| 4 UnionBank GlobalLinker Offerings & Responsibility |
| 4.1 Ownership & Copyrights of UnionBank GlobalLinker |
| UnionBank GlobalLinker Services are owned or licensed by DigiVation The Service, any underlying technology used in connection with UnionBank GlobalLinker, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the UnionBank GlobalLinker are provided by UnionBank GlobalLinker or DigiVation or third-party providers and are the copyrighted works of UnionBank GlobalLinker and/or such third parties. Content is owned or licensed by DigiVation and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws. The UnionBank GlobalLinker platform, presently, is hosted in Data Centres located in Singapore. All information, transactional / community related, is stored securely in these Data Centres. All information transmission is done using secure protocols that comply with highest standards and industry best practices. UnionBank GlobalLinker grants you a limited right/license that is non-exclusive, revocable, non-sublicensable and non-transferable, to access, privately display, and use the Content, including any and all Content provided to you, for your personal use only provided that you agree to and comply fully with this Agreement. Except as set forth, you may not copy, reproduce, publish, distribute, modify, translate into any other language, create derivative works of, reverse engineer any part of Content, or functionality or elements of the UnionBank GlobalLinker or the Services, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to UnionBank GlobalLinker in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Service on any other server. |
| 4.2 Purchases on UnionBank GlobalLinker |
| All claims towards payments made for services and products purchased on UnionBank GlobalLinker are to the Account of such provider of products and services Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Member and Affiliate Partner and payment facility is merely used by the Member and the Affiliate Partner to facilitate the completion of the Transaction. To provide additional value to your purchase some products/services on UnionBank GlobalLinker may be offered individually or bundled with other products/services. |
| 4.3 Charges & Payments |
| For paid services, you will be bound by an additional Agreement with UnionBank GlobalLinker or the Affiliate Partner through whom you have made the purchase Members may avail of a number of products and/or services on UnionBank GlobalLinker. Some of these will be provided by Affiliate Partners ("Affiliate Services") on their sites or on microsites managed by them. Other services will be provided on UnionBank GlobalLinker ("UnionBank Services"), where service selection and payment will be completed on UnionBank GlobalLinker. UnionBank GlobalLinker reserves the right to introduce, alter or remove any charges, including but not limited to listing fees for certain listings, membership fees and fees for use of its premium services, as well as transaction fees based on certain transactions, completed using the Services without notice. Such charges may be subject to periodic reviews and changes. All payments via UnionBank GlobalLinker are routed/ completed through UnionBank GlobalLinker’s payment gateway service. In the event UnionBank GlobalLinker collects payments on your behalf, you offer your consent for UnionBank GlobalLinker to collect, process, facilitate and remit payments through the payment gateway to UnionBank GlobalLinker and/or its Affiliate Partners and you will be bound, additionally, by those terms of use of such service providers. All payments on UnionBank GlobalLinker will be accepted in Philippine PESO and/or US Dollars only. UnionBank GlobalLinker will deduct applicable taxes as per country and local tax regulations. The responsibility for payment of any applicable taxes lies with the Affiliate Partner. All payments made are governed by the terms of the payment gateway. Members agree to use valid instruments issued by their banks/payment systems to complete payments. Where and when applicable, you authorize UnionBank GlobalLinker to use the payment details provided, for renewal of your service as per agreed terms. Use of the payment facility shall not render UnionBank GlobalLinker or UnionBank liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services featured or offered on UnionBank GlobalLinker. If your account has been fraudulently accessed and a payment is completed please contact the UnionBank GlobalLinker team at info@unionbank.globallinker.com. All payments may not be fulfilled on UnionBank GlobalLinker. To expedite future payments and provide ease of use of information, UnionBank GlobalLinker may also store your billing information (card and address information for payments) with the provider of the service. All after services, refunds, returns will be governed by the providers of such services from where the purchase by the partner who has delivered and services the purchase. |
| 4.4 Cancellations & Refunds |
| Any products or services purchased on or via UnionBank GlobalLinker; will be governed by the policies of the service provider. Affiliate Services will be governed by cancellation policies of the respective Affiliate Partner. Members are required to familiarize themselves with such cancellation and refund/return policies and will be bound by the said policies and UnionBank GlobalLinker, DigiVation or UnionBank will not be held responsible for the same. For UnionBank GlobalLinker Services, cancellation requests received within 10 days of completing a purchase; will be governed by a full cancellation charge and immediate refund (within 24 working hours), provided: (a) The product delivered was defective or unusable during shipment; (b) the actual service provided was different from what was conveyed to such Member or (c) rejection of such claim caused due to action or omission by such Member. Cancellation and replacement requests will not be accepted if any of the following apply: If a Member requests cancellation beyond 10 days of purchase and/or partially or fully utilizes UnionBank GlobalLinker Services. Members are requested not to use services purchased if they intend to or apply for cancellation or termination of a UnionBank GlobalLinker Service. |
| 4.5 Confidential Information & Your Privacy |
| We respect and value your privacy, hence have created a privacy policy to safeguard your interests UnionBank GlobalLinker has a firm commitment to safeguarding your privacy. Please review UnionBank GlobalLinker's Privacy Policy. The terms of UnionBank GlobalLinker's Privacy Policy are considered part of, and are hereby incorporated by reference into this Agreement. |
| 4.6 Software Use |
| We use Cookies and Updates to provide you with a seamless and rich browsing experience. Please view our Cookie Policy which outlines our use of cookies. UnionBank GlobalLinker and/or the third party service provider may automatically check your version of the Software, and add cookies to your browser. UnionBank GlobalLinker and/or the third party service provider may also automatically download updates to the Software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, then such other terms shall apply. UnionBank GlobalLinker isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the Software. Such updates may not be compatible with software or services provided by third parties. |
| 4.7 Links & Third-Party Sites |
| We may add links to Third Parties to enhance your experience on UnionBank GlobalLinker The Service may contain links and information from specially sourced third party providers (Affiliate Partners) of products and/or services relevant to SMEs, such information of affiliate partners may be presented or displayed on UnionBank GlobalLinker and may lead to links through banners, advertisements, features and articles, other content including websites and other resources (including but not limited to micro sites and independent windows). These links are to websites that are not under the control of, reviewed, monitored, or endorsed by UnionBank GlobalLinker, and as such UnionBank GlobalLinker or its owners are not responsible or liable for any errors, omissions or representations or information, content, or any other materials of any linked website. Such links are provided for convenience purposes only. You agree to exercise discretion and that you are solely responsible and liable for verifying the accuracy of all information on your own before undertaking any reliance on such information as well as for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties. You acknowledge and agree that UnionBank GlobalLinker shall not be responsible or liable, both directly and indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through linked websites. The information as well as the availing of such products and services of such Affiliate Partners will be governed by specific terms of use of such Affiliate Partners and UnionBank GlobalLinker. UnionBank GlobalLinker will make every effort to provide special, exclusive or customized features and/or pricing and or services of such partners however, such efforts will be on a best effort basis and UnionBank GlobalLinker shall not be held liable if a better offer/service or price/treatment is available at places other than UnionBank GlobalLinker. |
| 4.8 UnionBank GlobalLinker’s Communication with its Members and Users |
| Messages from UnionBank GlobalLinker may not be copied or used by you other than for the reason they were meant All messages in any communication (including but not limited to emails, notifications, alerts, reminders, SMSs, messages) with users and Members is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged information. You are strictly prohibited to perform unauthorized reviews, use, re-transmit, disseminate, copy, disclose or make other use of, or take any action in reliance upon this information. If you have received these messages in error, please notify the sender immediately and delete the said message from your system. Reasonable precautions have been taken to ensure that these messages are virus-free. DigiVation and UnionBank do not accept responsibility for any loss or damage arising from the use of these messages or attachments. |
| 4.9 Availability of UnionBank GlobalLinker Services |
| For as long as UnionBank GlobalLinker continues to offer the Services, UnionBank GlobalLinker shall provide and seek to update, improve and expand the Services. As a result, we allow you to access UnionBank GlobalLinker as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue UnionBank GlobalLinker, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on UnionBank GlobalLinker or by direct communication to you unless otherwise noted. UnionBank GlobalLinker further reserves the right to withhold, remove and or discard any Content available as part of your Account, with or without notice if deemed by UnionBank GlobalLinker to be contrary to this Agreement. For avoidance of doubt, UnionBank GlobalLinker has no obligation to store, maintain or provide you a copy of any Content that you or other Member when using the Services may have uploaded/provided. UnionBank GlobalLinker does not guarantee delivery or receipt of content shared between you and another Member either by you or another Member on UnionBank GlobalLinker’s platforms. |
| 4.10 B2B platform |
| Company has added Beta version of its B2B platform as a specific feature to enable the existing members to enhance and expand their reach with the global community. The B2B Platform is a match-making platform. Member(s) may interact with other member (s) for entering into negotiations for sale or supply of goods or services. Each member is responsible to deliver quality, safety, genuineness, lawfulness of the products or services available for sale on the platform. We prohibit listing of any counterfeits, unauthorized products, non-licensed replicas and any products /services without the explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not by the members or by UnionBank GlobalLinker. UnionBank GlobalLinker is not responsible for quality, durability, reliability or the ability of the members(s) to deliver the product or service mentioned. It hereby specifically disclaims any quality, durability, accuracy, reliability and all express or implied warranties including but not limited to warranties of title, merchantability, fitness for a particular purpose or performance. UnionBank GlobalLinker is not a party to any of the transactions that may happen between the various member(s) or user(s) of the platform nor to any agreement for sale or supply of goods or services between members and/or users. No representation or warranties expressed or implied or statutory is being provided to any member/user for any kind of Product or Services offered, or displayed or hosted on the Site. All such warranties, representations, conditions and undertakings are hereby excluded. Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strike, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals or non-performance of third parties or other force majeure condition. Under no circumstances will Company be liable, direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services provided by Company (“Damages”) whether arising out of or in connection with or otherwise in relation to any business or other transaction conducted in relation to the Service(s). You may receive leads from your store, and if you are listed, on various malls linked to your account. These will be monitored by the UnionBank GlobalLinker team, to track and assist in closing such leads. Leads coming from marketplaces may be transferred to a common pool for necessary action. The Member and/or User hereby indemnifies and holds UnionBank GlobalLinker and Digivation harmless against any and all losses, claims, injuries and Damages that may arise out of the Member or User’s breach of this Disclaimer and/or the Agreement. FRAUD WARNING All Members and Users are advised to be very careful while doing business with individuals, body corporates or companies from any part of the world. All are advised to exercise reasonable caution and undertake thorough due diligence on such organizations and/or individuals while transacting with a prospective buyer or a seller on the Site. All members or users are advised extreme caution while exercising any commercial transactions. Neither UnionBank GlobalLinker nor directors, employees, officers or agents of Digivation shall be liable to any member or user or otherwise for any illegal or fraudulent interaction or transaction with organizations and/or individuals located on or through the Site. |
| 4.11 Content Monitoring |
| We do not monitor content on UnionBank GlobalLinker, but will not hesitate to remove any material if it violates the letter or spirit of this Agreement UnionBank GlobalLinker does not actively monitor a Member's uploaded files, Company Profiles, and other material nor does UnionBank GlobalLinker exercise any editorial control over the content of any material that the Member uploads on UnionBank GlobalLinker. However, UnionBank GlobalLinker reserves the right to remove any and/or all of the Member's material from UnionBank GlobalLinker that are in its sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement. Upon removal of the material, UnionBank GlobalLinker may notify the Member of the removal of the materials, as well as the reason for removal. In no instance shall UnionBank GlobalLinker be liable for the removal of the materials. UnionBank GlobalLinker reserves the right to immediately terminate its Service to Member and cancel his/her membership for any flagrant or repeat violations of this Agreement. |
| 4.12 Freemium Memberships |
| UnionBank GlobalLinker operates as a Freemium solution - Free with an Optional Premium set of features. Should you choose to opt for Premium services, the following additional conditions would apply. Charges: You will be governed by a schedule of charges based on selection of a given plan or feature, if available. Features pertaining to your plan with respective entitlements will be made available when your plan is made operational. At its discretion, UnionBank GlobalLinker may make a plan operational only after receipt of proceeds of such plan related fees. In the event, a plan is made operational prior to receipt of the proceeds of such charges the same shall be applied from the first date of such plan being made operational. Services Offered: At all times basic services, as pertained by UnionBank GlobalLinker, will be available at no charges. To use entitled features, you may opt for an appropriate plan. At times, certain entitled features may be available to you for a fixed period or for limited use in the free plan. UnionBank GlobalLinker, makes no commitment that a feature or service may be available as originally subscribed to. UnionBank GlobalLinker may add, remove, modify features or service availability in plans without notice at any time. Cancellations: Cancellations within 15 days of subscription are eligible for a complete refund. Account cancellations or suspensions, voluntary or involuntary will not be eligible for refunds. Refunds: You can opt for a complete refund within 15 days of operationalisation of your plan. Write to us at info@unionbank.globallinker.com with your request and store information. Beyond 15 days, there is no refund applicable. Upgrades & Downgrades (mid term): Upgrades during the subscription term will be charged additionally. Your current plan subscription will be adjusted on a prorated basis against the upgrade fees. Active Add-ons subscriptions, if any, will continue independently and are not eligible for refunds. Mid term downgrades are not applicable. Non renewal of a plan: To continue smooth functioning of your store and enjoy complete access to the entitled features in your plan, you are advised to renew plans before expiry of your subscription period. Grace of up to 15 days will be provided, to renew the current subscription during which the account will continue to enjoy the subscribed plan features. Post plan expiry, i.e. on non renewal during grace period, the account will be downgraded to the free plan and lose access to the entitled features. Further, subscription post expiry period will be considered as a new purchase and there will be no reinstatement to the previous account status. Liability and Service Impact: In the event a plan is not renewed or discontinued, including for non timely payment of subscription or renewal fees, your services may be impacted, including the use of such services by your customers or store managers using your eStore/site which would mean entitled features will either be disabled or available in limited or restricted capacity. Please ensure timely payment and renewal to avoid any inconvenience or loss to yourself, your customers and to your business. Any grace period or concessions may be offered solely at the discretion of UnionBank GlobalLinker and should not be assumed to apply. You also agree to forfeit any claims or such to hold UnionBank GlobalLinker, DigiVation, its partners, affiliates, employees or agents to any loss, damage caused or claimed (financial or otherwise). |
| 5 UnionBank GlobalLinker’s Indemnity, Warranty and Liability |
| 5.1 Indemnification to Liability |
| UnionBank GlobalLinker employs and will, in future, introduce means to ensure Companies registered on UnionBank GlobalLinker are genuine. You are advised to use caution and perform your own validation before entering into transactions with such companies. UnionBank GlobalLinker assumes no liability or damages for any losses (in any manner) faced by you while dealing with a Company and its Company Members on UnionBank GlobalLinker. You will indemnify UnionBank GlobalLinker and those associated with it against any losses incurred by you or your Company and for any damages due to performance failures In no event will UnionBank GlobalLinker, its owners, employees, contractors, subcontractors, suppliers, agents, Affiliate Partners, subsidiaries, successors or assigns be liable to any party for any direct, indirect, consequential, incidental, special or other indirect Content or other materials provided or available hereunder (including without limitation, cost of cover), arising out of or in connection with this Agreement or any Services, Content or other materials provided or available hereunder, even if such party was expressly advised of the possibility of such damages, and regardless of whether such damages arose in contract, tort (including negligence), strict liability or other legal basis. Indemnification against losses to your Company You and/or your Company will indemnify UnionBank GlobalLinker, its partners, Affiliate Partners, agents and employees if your Company suffers losses, action, lawsuits, claim arising from actions of any Member associated with your Company either with another Member or Company on UnionBank GlobalLinker |
| 5.2 Disclaimer of Warranty and Limitations of Liability |
| No warranties are provided for facilities, features services and products etc. availed of by you on UnionBank GlobalLinker |
| UnionBank GlobalLinker and its associated Services are provided on an "as is," "with all faults" and "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, accuracy, timeliness of information available from the Services, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement, communication with Members and Users by UnionBank GlobalLinker. In no event will UnionBank GlobalLinker, unionbank.globallinker.com, or UnionBank or DigiVation or its promoter(s) or partner(s) or directors, officers, employees, affiliates, or agents be liable to you or any third party for any incidental, indirect, special, or consequential damages (even if you were advised of the possibility of such damages), arising out of your use of or inability to access UnionBank GlobalLinker or use the Service(s), including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to UnionBank GlobalLinker's records, programs, or services. If you are dissatisfied with any portion of UnionBank GlobalLinker or the Service(s), or with any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the Service or close your Account. It is further clarified that in jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, UnionBank GlobalLinker's total liability shall not in any event exceed the registration/listing fees paid by the Member for registering/signing up with UnionBank GlobalLinker or availing the Service(s). |
| 5.3 Limitation of Service |
| UnionBank GlobalLinker is initially created for use by SME Companies and their employees (members) in the Philippines and if you are based outside the Philippines you are responsible to ensure the services you avail of are permitted by regulations in your country |
| DigiVation controls and operates UnionBank GlobalLinker from India and the Philippines and makes no representation that the Content is appropriate or available for use in other locations. If you use UnionBank GlobalLinker, Service(s) or Content from locations outside the Philippines, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries and you shall be solely and exclusively liable for any breach of any applicable local laws, rules and regulations or general code of conduct and UnionBank GlobalLinker, UnionBank or DigiVation cannot be held responsible for the same. Unless otherwise explicitly stated, all marketing or promotional materials found on UnionBank GlobalLinker are solely directed to individuals, companies, or other entities located in their respective countries. You agree that none of the Content, nor any product or Service(s) accessed or used through UnionBank GlobalLinker, is being or will be acquired for, shipped, transferred, or made available, either directly or indirectly, to proscribed or embargoed countries or their nationals, or any countries that are subject to export restrictions under laws of the Philippines, unless authorized by the Philippine Government. You agree to strictly adhere to and comply with all Philippine export laws and assume sole responsibility for adherence to and compliance with such laws. Your personal information shall only be used in accordance with UnionBank GlobalLinker's Privacy Policy. |
| 5.4 Indemnity |
| You will indemnify UnionBank GlobalLinker and all associated entities from results or effects of your use of the service |
| You shall indemnify, hold harmless and defend at your own expense, UnionBank GlobalLinker, GlobalLinker, UnionBank and DigiVation, its promoters, partners, affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney's fees, or any proceeding brought against UnionBank GlobalLinker, UnionBank, DigiVation which arises out of, relates to or results from use of any Content, whether or not such use is authorized by or violates this Agreement or applicable law; or is related to your violation of the provisions governing UnionBank GlobalLinker, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the Service. |
| 5.5 Downtime, Services disruptions and backup |
| We will strive to keep a high uptime and availability for UnionBank GlobalLinker and you are additionally advised to take precautions |
| We strive to keep UnionBank GlobalLinker up and running; however, all online services suffer occasional disruptions and outages, and UnionBank GlobalLinker will not be liable for any disruption or loss you may suffer as a result. Further, UnionBank GlobalLinker shall not be liable for any downtime, disruptions and outages of the linked websites or website of third party Affiliate Partner or other service providers. You should regularly back up the content that you store in the Account. Having a regular backup plan and following it can help you prevent loss of your content. |
| 5.6 No Injunctive Relief |
| You waive your rights to try to stop UnionBank GlobalLinker, but we don’t waive our rights to seek legal intervention to stop your actions. |
| In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services |
| 6 Termination & Involuntary Closure |
| 6.1 Mutual rights of termination |
| You and UnionBank GlobalLinker both have the right to terminate this Agreement |
| You may terminate this Agreement, for any or no reason, at any time, with notice to UnionBank GlobalLinker. This notice will be effective upon UnionBank GlobalLinker duly receiving your notice. UnionBank GlobalLinker may terminate this Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only UnionBank GlobalLinker or any third party paying for the Services may terminate your access to any Services. Termination of your UnionBank GlobalLinker Account includes disabling your access to UnionBank GlobalLinker and may also bar you from any future use of UnionBank GlobalLinker. You may request to delete your account via your Settings>Close Account. You must ensure that you have cleared all your commitments and dues. Once you apply for a request your personal information is suitably deleted from UnionBank GlobalLinker, except to comply with statutory and legal requirements. If any content is shared on the platform, these are retained. Only your identifiable information is made unavailable to other users Note: Such info is cached by search engines and other services in the public domain and may take a while to be removed. Accounts with Catalogues, Store Owners in addition, must also close all open orders and ensure there are no pending orders. As you close the account you consent that the store is free of any liabilities.Any communication directed toward you will be routed to your latest communication address with us. |
| 6.2 Involuntary Termination |
| Conditions due to which Accounts on UnionBank GlobalLinker may be terminated |
| Without prejudice to the other remedies available to UnionBank GlobalLinker under this Agreement, the TOS or under applicable law, UnionBank GlobalLinker may immediately temporarily/indefinitely restrict, suspend or terminate the Account of any Member and/or refuse to provide the Member with access to UnionBank GlobalLinker who abuses or misuses the Services or UnionBank GlobalLinker is unable to verify or authenticate any information provided by the Member. Misuse of the Services includes abusing the services; creating multiple or false Member and Company profiles; using the Services commercially without authorization, infringing any intellectual property rights, or any other behavior that UnionBank GlobalLinker, in its sole discretion, deems contrary to its purpose. UnionBank GlobalLinker may at any time in its sole discretion reinstate suspended Members. Once the Member has been indefinitely suspended, the Member shall not register or attempt to register with UnionBank GlobalLinker or use UnionBank GlobalLinker in any manner whatsoever until such time that the Member is reinstated by UnionBank GlobalLinker. One unique Company Account should be created/ registered with UnionBank GlobalLinker. Duplicate Company Accounts are not allowed to be created. In case of request for multiple Accounts in the same name the first Account registered/signed up with UnionBank GlobalLinker may be created/retained. Dormancy Membership in UnionBank GlobalLinker may be terminated, and Member Account may be closed/removed if Member has not signed in to UnionBank GlobalLinker for a period of 180 days. Death & Insolvency On death of a Member, closure of a Company or insolvency of a Member/Company, the respective Account will be closed/terminated, on UnionBank GlobalLinker’s discretion and/or availability of appropriate evidence of such occurrence/event. |
| 6.3 Effect of Termination |
| You will lose access to all services when an Account is terminated |
| Upon the termination of your UnionBank GlobalLinker Account, you lose access to all Services offered on UnionBank GlobalLinker. In addition, UnionBank GlobalLinker may block access to the Service from an IP address or range of IP addresses associated with those of the terminated Member. The terms of this Agreement shall survive any termination. |
| 7 Laws, Disputes & Arbitration |
| 7.1 Compliance with Laws |
| You must comply with all applicable laws |
| You agree to comply with all applicable laws, rules, and regulations in connection with your activities under this Agreement, including and without limitation the applicable regulations under the Foreign Trade Policy of the Philippines, as amended to assure that the Content is not exported in violation of the Philippine laws. |
| 7.2 Governing Law |
| Any legal dispute shall be subject to the exclusive jurisdiction of Singapore courts |
| This Agreement shall be governed by and construed in accordance with the laws of Singapore. Any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be determined by the competent courts at Singapore only. |
| 7.3 Severability |
| Any unenforceable terms will not disallow the others from being enforced and terms may be replaced |
| If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. Further, UnionBank GlobalLinker shall also have the right to replace those terms with similar terms to the extent enforceable under the relevant law. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect. |
| 7.4 Co-operation with Law |
| UnionBank GlobalLinker will cooperate with applicable laws and authorities as required |
| UnionBank GlobalLinker will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. UnionBank GlobalLinker reserves the right to monitor or view material uploaded by Members on UnionBank GlobalLinker at any time for the purpose of ensuring compliance with this Agreement. |
| 8 Miscellaneous |
| 8.1 Use of UnionBank GlobalLinker Services |
| You agree to use the Services using your own discretion and judgment |
| You expressly agree that use of the Services is solely at your risk and consequences. To the extent UnionBank GlobalLinker acts only as a forum wherein the third party service providers (including but not limited to Affiliate Partners) offer their services, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall UnionBank GlobalLinker be liable for the services provided by any third party service provider. |
| 8.2 No Professional Advice |
| We do not promote any content by other Members. You must aim to seek professional advice at all times |
| Content available on UnionBank GlobalLinker, including, without limitation, reviews, opinions, directions, guides are not a substitute for any type of professional advice, including, without limitation, financial or legal advice. Always seek the advice of an appropriate professional/expert opinion and never disregard professional advice or delay in seeking it because of the Content. UnionBank GlobalLinker does not certify or endorse the Content on its webpage/portal, including without limitation any opinion, recommendation, advice, or any other information contained in the Content. |
| 8.3 Interpretation of the Agreement |
| All documents together form the entire Agreement |
| This Agreement (together with the Privacy Policy, TOS and other additional policies/terms/conditions on UnionBank GlobalLinker, if any and to the extent applicable) constitutes the entire agreement between you and UnionBank GlobalLinker for your use of the Services. It supersedes any prior agreements/arrangement/understanding (whether written or oral) between you and UnionBank GlobalLinker regarding your use of the Services. This agreement is applicable in the English version, as deemed appropriate by Singapore Laws. |
| 8.4 Your Relationship with UnionBank GlobalLinker |
| Clarifying the nature of relationship you will have with UnionBank GlobalLinker |
| None of the provisions of this Agreement, terms and conditions, notices or the right to use UnionBank GlobalLinker by the Member contained herein or any other section or pages of UnionBank GlobalLinker and/or the linked websites or pages, shall be deemed to constitute a partnership, joint venture, employee-employer or franchisor-franchisee between the Member and UnionBank GlobalLinker and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using UnionBank GlobalLinker, the Member authorizes UnionBank GlobalLinker and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Member shall be deemed to have duly appointed and authorized UnionBank GlobalLinker and its agents as their agent for this purpose. |
| 8.5 Headings |
| The headings, sub-headings and captions are provided only for convenience |
| The headings, subheadings and captions herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, UnionBank GlobalLinker Privacy Policy, the TOS or the right to use UnionBank GlobalLinker by the Member contained herein or any other section or pages of UnionBank GlobalLinker or any linked websites in any manner whatsoever. |
| 8.6 Interpretation of Number and Genders |
| How terms in this Agreement may be interpreted |
| The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole. |
| 8.7 Assignment |
| How we may assign this Agreement to another person/entity |
| UnionBank GlobalLinker shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any Agreement relating to Services to any person or entity. The Member may not assign, in whole or part, this Agreement to any person or entity. |
| 8.8 Changes to the Terms of Use/User Agreement |
| Our terms will be updated on a regular basis and we may notify you of such changes |
| UnionBank GlobalLinker reserves the right, at its sole discretion, to update, add, remove, change, modify, revise the terms of this Agreement from time to time without prior notice on an as-needed basis by placing an update of this Agreement online at UnionBank GlobalLinker at this location or at any other designated location at UnionBank GlobalLinker. Revisions/changes to this Agreement will be effective when posted on UnionBank GlobalLinker and we may notify you of these revisions, however, you shall be responsible for regularly reviewing the terms of this Agreement. By using UnionBank GlobalLinker after any revision of the terms of this Agreement, you agree to be bound by such changes/revisions. This Agreement creates a binding legal Agreement, so please read the same carefully. If you do not agree to these changes/revisions, you must immediately discontinue using UnionBank GlobalLinker. |
| 9 Notices |
| 9.1 Notices to UnionBank GlobalLinker |
| We will only accept notices sent by you in writing All notices or demands to or upon UnionBank GlobalLinker shall be effective only if made in writing and sent to DigiVation World Pte Limited,120 Robinson Road, # 15-01, Singapore 068913 - PostBox. All written communication shall be made in English only. All notices or demands sent under this Agreement shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the address mentioned herein above. |
| 9.2 Notices to You/Members |
| All notices or demands to or upon a Member(s) shall be sent to the last-known correspondence, fax or email address provided by such Member(s) to UnionBank GlobalLinker, or by posting such notice or demand on an area of the UnionBank GlobalLinker that is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such Member(s) if and when UnionBank GlobalLinker is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member(s), or immediately upon UnionBank GlobalLinker posting such notice on an area of UnionBank GlobalLinker that is publicly accessible without charge. |
| 10 Contact UnionBank GlobalLinker |
| UnionBank GlobalLinker aims at providing a smooth and great experience. Thus, if you face any grievances, violations, infringements, please connect with us. |
| Our final, only and exclusive action will be removal of the said material or termination of the Account, in case of severe offenses, as we deem fit. You should support your claim by providing necessary proofs for any action. |
| 10.1 Grievances |
| Where you may address any grievances |
| For any grievances please connect with our team at info@unionbank.globallinker.com |
| 10.2 Infringements & Violations |
| Connect with us if your material has been infringed or violated |
| Copyright infringements, intellectual property violations are not tolerated and are unacceptable. Please contact us at info@unionbank.globallinker.com for any issues |
| 10.3 Registered Address |
| Where you may write to us |
| We can be reached at: DigiVation World Pte Limited 120 Robinson Road, # 15-01, Singapore 068913 - PostBox. |
| 11 Non-acceptable Actions on UnionBank GlobalLinker |
| You may not use UnionBank GlobalLinker for unlawful and abusive purposes. Incidents and uses that may cause your Account with UnionBank GlobalLinker to be terminated include, but are not limited to: |
| Use of UnionBank GlobalLinker and/or the Services in any manner prohibited (both express and implied) by this Agreement and/or the relevant TOS. |
| Uploading or transmission of any data or material that contains trojans, worms, viruses or any code of a destructive or spying nature, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or host or network. |
| Removing any proprietary notices or label on any Content, or using the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Content or other work protected under copyright laws. |
| Uploading or transmission of any file or content that harm minors in any way, including any form of child pornography. |
| Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images. |
| Uploading or transmission of files intended to threaten or harass any individual or organization. |
| Using the Service for any purpose other than which it is intended. |
| Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). |
| Using the Service for advertising, trading of goods or services, or other commercial use except as permitted by UnionBank GlobalLinker. |
| Attempting to impersonate any person or Company, using forged headers or other identifying information in a defamatory way. |
| Uploading any programs that may cause a disruption to the Service or UnionBank GlobalLinker. |
| Any action that violates the laws of applicable local, state, federal or international governmental bodies. |
| Sharing the Account with anyone or re-selling the Service without express written permission from UnionBank GlobalLinker. |
| Use of UnionBank GlobalLinker and/or Services and/or linked websites in any manner that, could damage, disable, overburden or impair it or interfere with any other Members or party's or use and/or enjoyment of the UnionBank GlobalLinker and/or Services and/or linked websites. |
| Obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through UnionBank GlobalLinker. |
| PART B - Linker.store Terms of Use Updated on 27th March 2024 |
| By using the services on Linker.store via GlobalLinker (seller.linker.store) (“Website”), which includes various products and services (“Services”) to help you create and manage an online store or any of the services of DIGIVATION WORLD PTE LIMITED (“the Company”), you (“Customer”) are agreeing to be bound by the following terms and conditions (“Terms of Use”), along with any other terms and policies that the Company may publish from time to time in relation to the Services . The Company may add new features or tools to the current Service from time to time, without notice to you, which shall also be subject to these Terms of Use. Customers can review the current version of the Terms of Use at any time. The Company reserves the right to update and change the Terms of Use for the Services by posting updates and changes to the Website. The revised version will be effective from the time the Company posts it. Customers are advised to check the Terms of Use from time to time for any updates or changes that may impact you. You agree that you have read and understood and have the capacity and authority to accept, agree to and be bound by these Terms of Use. |
| By using the Services, you accept these Terms of Use which operate as a final and binding legal contract. |
| This legal contract comes into effect when you start using the Services. By using the Services, you signify your absolute and unconditional consent to all the provisions of the Terms of Use in their entirety. |
| The Company reserves the right, in its absolute discretion to withdraw or to modify these Terms of Use and the manner of its applicability to you. |
| 1. Account Terms |
| 1. In order to access and use the Services, you must be a registered member on globallinker.com (“GlobalLinker”). |
| 2. For registering, you will provide true, accurate and complete information requested in the registration form, and keep your information updated from time to time which will be verified by the Company in its sole discretion. |
| 3. The Services are available only to persons who are capable of contracting under applicable law. The Services provide a collection of tools and resources to create and manage an online store, process orders and sell products online. |
| 4. You are responsible for maintaining the security of your account, passwords, and files, and for usage of your account and of the Services in your name. The Company reserves the right to refuse registration of, or cancel an existing Account in its sole discretion. |
| 5. You acknowledge that the Company will use the email address you provide as the primary method for communication. |
| 6. You are responsible for keeping your password secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. |
| 7. You are responsible for all activity and content such as data, photos and links that are uploaded under your account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive or malicious nature to the Company or to the other users of the Online Services or the Website. |
| 8. A breach or violation of any term in the Terms of Use as determined in the sole discretion of the Company will result in an immediate termination of your services. |
| 2. Account Activation |
| 1. Subject to section 2.2, the person accessing the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. |
| 2. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use. You may be asked to provide documents proving your authority to set up an account such as letter of authority, board resolution or any other document that the Company may determine at its sole discretion. |
| 3. Upon completion of the sign up for the service and depending on your location, the Company may provide you the option of enabling services from our partners such as logistics, payment gateway etc. |
| 4. You acknowledge that as the Account Owner, you may be required to activate, maintain or deactivate your account with above service providers in clause 2.3 directly where required. |
| 5. You will be provided with the option of choosing your online store’s sub-domain (ex. You may choose a sub-domain ‘xyz’ that will be provided to you as xyz.linker.store) subject to its availability. If the Linker.store sub-domain preferred by the Customer has already been allotted to another store on Linker.store, you will need to enter a different domain name and check for its availability. You will be allotted a Linker.store sub-domain only once. It is the Customer’s responsibility to ensure that the domain name is entered correctly before saving. The sub-domain may be revoked at any time by the Company without providing any reasons. |
| 6. You may be provided with the ability to map your own website domain to your online store. Example: If you own the domain name xyz.com, users who enter xyz.com would be shown your online store on Linker.store once you follow the steps necessary to map your domain name. The set of instructions for carrying out such a mapping are available in Store Settings. |
| 7. If you choose to buy your domain name from Linker.store, the Company will auto-renew the domain name, provided that the Store Owner’s online store is still active. The Company will invoice the member separately for this purpose, 30 days prior to the renewal date. Failure to make a payment for the domain name prior to the renewal date may result in the loss of the domain name. The Company will not be responsible if the same domain name is no longer available due to failure of timely renewal. |
| 3. General Conditions |
| 1. These Terms of Use shall be governed by and interpreted in accordance with the laws of Singapore applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore with respect to any dispute or claim arising out of or in connection with the Terms of Use. |
| 2. You acknowledge and agree that the Company may amend these Terms of Use and any operating rules or policies that Company may publish from time to time (collectively, the " Agreement") at any time without notice to the Customer. It is the Customer’s responsibility to periodically check these Terms of Use. |
| 3. Such changes or modifications are effective immediately upon the earliest of (a) the Company’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of these Terms of Use after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms of Use, or (c) your continued use of the Services after the Company posts the updated Terms of Use to the Website. In addition, when using particular Services, Customers will be subject to guidelines or rules applicable to such Services that may be posted from time to time. If you do not agree to any changes to the Terms of Use, do not continue to use the Service. |
| 4. You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service. |
| 5. For every email message sent by the Company in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails to any other person through the Services or in relation to the Services. |
| 6. In using the varied features of the Services, Customers may provide information (such as name, contact information, or other registration information) to the Company. The Company may use this information and any technical information about Customer’s use of the Website to tailor its presentations to Customer, facilitate Customer’s movement through the Website, or communicate separately with Customer. The Company will not provide information to companies, Customer has not authorized, and Company will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent. |
| 7. Customer acknowledges and agrees that: (a) Excluding the OSSMs, the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, " Proprietary Information") are owned by the Company and/or its third party sponsors, partners, and other co-branders (collectively, " Content Providers"), (b) the Proprietary Information contains valuable copyrighted material and is protected by Indian, Philippine, U.S. and other international intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customers pursuant to these Terms of Use, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein. |
| 8. Linker.store Trademarks. "Linker.store" and our logos (both words and design) either are trademarks, service marks, or registered trademarks of Company or its Content Providers, and may not be copied, imitated or used, in whole or in part without the Company’s prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of Linker.store and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by Linker.store are the property of their respective owners. |
| 9. Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by the Company in these Terms of Use are hereby reserved by the Company. There are no implied rights. |
| 10. You shall not purchase search engines or other pay per click keywords (such as Google AdWords), or domain names that use Linker.store or the Company’s other trademarks and/or variations and misspellings thereof. |
| 11. Questions about the Terms of Use should be sent to info@linker.store |
| 12. You will be solely responsible for the content/data retrieved, stored or transmitted through the Service. You are advised to back up all important files on your personal computers, laptops, devices or other systems. We will not be responsible for any corruption, loss or deletion of content/data which you retrieve, store or transmit through the Services. |
| 13. You understand that your Store Content (not including net banking, credit card or Debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Net Banking, Credit Card and Debit Card information is always encrypted during transfer over networks. |
| 14. You acknowledge and agree that your use of the Service, including information transmitted to or stored by the Company, is governed by its privacy policy available on the Website. |
| 15. You will be required to create and communicate your own set of terms & conditions, privacy policy, and other terms to your buyers. The Company will provide you with the ability to define your own terms & conditions, privacy policy, and other terms (Collectively “End User Agreements”) where possible. The Company may also provide you with a templated set of End User Agreements for added convenience. You are solely responsible for these End User Agreements adequately meeting your requirements and those of your buyers. You will be provided with the ability to add your own unique agreements and clauses as you deem necessary. The Company will not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with these End User Agreements. You agree to indemnify and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers (as applicable) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising due to the use of these End User Agreements. |
| 16. You are responsible for all applicable taxes/levies/cess and other statutory payments that arise from your use of the Services. |
| 17. Linker.store has been created primarily for use within the Philippines. If you are using this solution outside of the Philippines, it is your responsibility to adhere to applicable laws in your jurisdiction, as well as the laws applicable to you in your customer’s jurisdiction. |
| 18. You are responsible for the settlement of all bills due to the Company and/or its third parties in a timely manner. Any delays in payment to the Company will attract a penalty of 1.5% per month on the amount due. Any delays in settlement of bills due to third parties will attract a penalty as determined by the third party. It is your responsibility to read the applicable policies in relation to the use of third party services. |
| 19. You are solely responsible for ensuring that your clients receive products and/or services exactly as per the specifications provided on your online store. Any mismatches between product/services expected vs actually provided are to be corrected by you on an immediate basis as per terms and conditions mutually agreed between you and your clients. |
| 20. You declare that you are free of any criminal / legal offenses against you and you are not convicted of any criminal offense punishable with imprisonment in last 5 years by any Court of competent jurisdiction; |
| 4. Company’s Rights |
| 1. We reserve the right to modify or terminate the Service for any reason, without notice at any time. |
| 2. We reserve the right to refuse the service to anyone for any reason at any time. |
| 3. We may, but have no obligation to, remove Store Content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. |
| 4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Customer, its employee, its member, or its officer will result in immediate Account termination. |
| 5. The Company does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service. |
| 6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that the Company employees and contractors may also be Linker.store customers/merchants and that they may compete with you, although they may not use your confidential information in doing so. |
| 7. The Company retains the right to determine, in its sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, the Company reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. |
| 8. The Company reserves the right, in its absolute discretion to withdraw or to modify these Terms of Use at any time without prior notice and with no liability. |
| 5. Customer’s Name and Trademarks; Customer Feedback; Customer Submissions |
| 1. Name and Trademarks: Customer hereby grants the Company a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, service marks and logos ("Customer’s Marks") as are used by Customer on Customer’s hosted sites in connection with this Agreement, and images and publicly-facing information about Customer on Customer’s hosted sites including, but not limited to, screenshots of Customer’s hosted sites and associated photographs appearing on Customer’s hosted sites ("Customer Public Information and Images"): (a) on the Company’s own websites describing and promoting the Company’s Services, (b) in printed and online advertising, publicity, directories, newsletters and updates describing and promoting the Company’s Services, and (c) in applications reasonably necessary and ancillary to the foregoing. Customer (i) represents and warrants to the Company that Customer has all necessary rights to grant the Company the foregoing rights, and (ii) agrees that neither Customer nor anyone else will be entitled to any compensation for the Company’s exercise of the foregoing rights. |
| 2. Customer Voluntary Suggestions: Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice (" Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos (" Customer Submissions") (Customer Feedback together with Customer Submissions, "Customer Voluntary Suggestions"). By providing Customer Voluntary Suggestions to the Company via any method (e.g. site submission, email, survey responses, etc.), Customer represents and warrants to the Company that (i) Customer has all necessary rights to distribute Customer Voluntary Suggestions via this website or via the Services found at this website, either because Customer is the author of the Customer Voluntary Suggestions and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Voluntary Suggestions, and (ii) Customer does not violate the rights of any third party by providing the Customer Voluntary Suggestions. |
| 3. License to Company: Company will have the right to use and disclose any Customer Voluntary Suggestions posted to the Website , submitted directly to the Company through the Services for any lawful purpose or shared by any other means. In no event will Customer or anyone else be entitled to any compensation or acknowledgement for the Company’s use of any Customer Voluntary Suggestions. Customer’s provision of Customer Voluntary Suggestions is entirely voluntary and will not create any confidentiality obligation for the Company. By submitting Customer Voluntary Suggestions, Customer hereby grants the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Customer Voluntary Suggestions (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) Customer Voluntary Suggestions in any manner and for any purpose (including, but not limited to, commercial purposes) that the Company deems appropriate in its sole discretion (including, but not limited to, to incorporating Customer Voluntary Suggestions (or any modification thereto), in whole or in part, into any technology, product or service. The provisions in this Section apply specifically to the Company’s use of Customer Voluntary Suggestions posted to the Company’s corporate websites or submitted directly through the Services, and not to Customer’s website created using Linker.store. Customer will be solely responsible for any and all of the Customer Voluntary Suggestions that are submitted through Customer’s account, and the consequences of, and requirements for, distributing it. |
| 6. Limitation of Liability |
| 1. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services. |
| 2. In no event shall the Company be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Use (however arising including your negligence or loss of connectivity). You agree to indemnify and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers (as applicable) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party. |
| 3. Indemnification of the Company: Customer agrees to defend, indemnify and hold the Company and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to Customer’s breach of any of these Terms or Service by Customer or any third party (authorized, permitted or enabled by Customer) of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’s USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE. |
| 4. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. |
| 5. No Assignment by Customer. Customers may not assign these Terms of Use without the prior written consent of the Company, which the Company may refuse in its sole discretion. Any attempt by Customer to assign these Terms of Use without prior written consent from the Company will be deemed null and void. The Company may assign these Terms of Use at any time. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their respective successors and permitted assigns. |
| 6. Entire Agreement. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use will be interpreted without application of any strict construction in favor of or against the Customer or the Company. |
| 7. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of these Terms of Use, and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. |
| 8. Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. |
| 9. Force Majeure. The Company will have no liability to Customer or any third party for any failure by the Company to perform its obligations under these Terms of Use in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of the Company, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure. |
| 10. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. |
| 11. The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free. |
| 12. The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. |
| 13. The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. |
| 14. Please note that you may incur data and/or other telecommunications usage charges ("Data Charges") for downloading, streaming or using any content that you access via Linker.store. The Company is not responsible for any Data Charges incurred by you in connection with the use of the Services. Please check with your internet or telecommunications provider for the Data Charges that may apply. |
| 7. Waiver and Complete Agreement |
| The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Use). |
| 8. Intellectual Property and Customer Content |
| 1. We do not claim any intellectual property rights over the material (Store Content) you provide to the Service. All Store Content you upload remains yours. You can remove your store at any time by deleting your Account. This will also remove all the Store Content that you have stored on the Service. |
| 2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow the Company to display and store your Store Content; and (c) that the Company can, at any time, review and take action on all the Store Content submitted by you to its Service. |
| 3. You retain ownership over all Store Content that you upload to a store on Linker.store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations. |
| 4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. |
| 5. The Company shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service. |
| 6. While using the Services, Customers may customize the appearance of the website by selecting a design template (“a Theme”) from available Themes. The Company gives no assurance that a particular Theme will remain available for use by the Customer. |
| 7. The Company may add or modify the footer that refers to the Company or its various products and services, at its discretion. The Company may modify the Theme to reflect technical changes and updates as required in our sole discretion. |
| 8. The intellectual property rights of the Theme is either the property of the Company or being used by the Company. The Customer will use the Theme specifically for their online store on Linker.store and will cease to use any such Theme on termination of Services. |
| 9. The Customer agrees that they do not hold any claim over intellectual property rights of these Themes. |
| 9. Payment of Fees; Upgrade, Downgrade and Cancellation of Services |
| The Company, at its sole discretion, may charge fees for the usage of the Services such as a fee for e-commerce transactions (either as % of transactions or a fixed fee), as deemed appropriate. Such charges may be subject to periodic reviews and changes. The Customer will be made aware of such charges. If you do not wish to pay such fees, you may discontinue the use of the Services. |
| Should you opt for Freemium solutions - you will be additionally governed by clause 4.12 - Freemium in GlobalLinker’s Terms of Use of the respective Corporate Issuer. |
| 10. Cancellation and Termination |
| 1. You may cancel the services on your Account at any time by emailing info@linker.store and then following the specific instructions indicated to you in Company’s response. |
| 2. Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service by the Company. Since deletion of all data is final, please be sure that you want to cancel your account and/or have made backup copies of your data before doing so. |
| 3. Upon termination of the Services by either party for any reason: |
| Company will cease providing you with the Services and you will no longer be able to access Linker.store on your Account; unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Company for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your store website will be taken offline. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. |
| 4. We reserve the right to modify or terminate the Linker.store Service or your Account for any reason, without notice at any time. |
| 5. Fraud, illegal activities, non-permissible activities: Without limiting any other remedies, Company may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity or prohibited practices listed (not limited or restricted to) in clause 14 below, by the the laws of your country or Company in connection with the Site. |
| 11. Modifications to the Service and Prices |
| Prices for using the Services are subject to change upon 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the Company’s Website or the administration menu of your Linker.store window via an announcement. Company reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. |
| 12. Third Party Services |
| 1. In addition to these Terms of Use, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Linker.store partners or other third parties. |
| 2. The Company may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Linker.store’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. |
| 3. We do not provide any warranties with respect to Third Party Services. You acknowledge that the Company has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Linker.store’s websites, including the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Linker.store. Linker.store h3ly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. |
| 4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Company is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content. |
| 5. Under no circumstances shall Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if the Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. |
| 6. These Terms of Use and applicable privacy policy do not apply to such third party websites, and Customer should review such third party websites’ privacy policies, terms and conditions and business practices as they may be different from Linker.store’s Terms of Use and it is the Customer’s sole responsibility to comply with such third party terms. Access to any other website is at Customer’s own risk, and Customer’s dealings and communications with any third party in connection with such a third party’s website are solely between Customer and such third party. |
| COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES |
| 7. Partners: Company may help the Account Owner enable Logistics, Payments, etc. with Company’s third party Service Partners (“Service Partners”). By enabling these services, Company will help facilitate the onboarding process. The Customer may be required to agree to an additional set of Terms & Conditions with Linker.store or enter into separate agreements with the respective Service Partner, for payments, logistics, and any other related services provided by Service Partners. Company will not be liable for any damages, losses, delays or any other issues arising from the use of these services provided by the Service Partners on Linker.store. Any issues arising from the use of these services will need to be addressed directly between the Customer and the Service Partner. |
| 8. You will be required to provide true, accurate, current and complete information as a part of the Linker.store sign up process. You may also be required to submit documents in compliance with KYC norms. Failure to satisfy KYC norms will lead to an immediate termination of your use of Services. |
| 9. You acknowledge that it is your sole responsibility as the Account Owner to activate, maintain or deactivate your account with any related Service Partners including but not limited to logistics and payment partners. |
| 13. Intellectual Property Rights Infringement |
| 1. Company supports the protection of intellectual property and asks Linker.store merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. |
| 2. If an intellectual property rights owner believes that one of our merchants is infringing their intellectual property rights, they can send an Intellectual Property Rights Infringement Claim Notice along with documentary evidence to Company’s designated email id info@linker.store. |
| 3. Upon receiving the Notice, we may remove or disable access to the material claimed to be an Intellectual Property Rights Infringement Claim Notice. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. |
| 4. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise the Company may choose to restore the material at its sole discretion. |
| 5. Please be aware that if you knowingly make a material misrepresentation that material or activity is infringing your intellectual property rights and the material is removed or disabled by mistake or misidentification, you may be held liable for damages as claimed by the merchant who has been affected. |
| 6. Repeat Infringers: It is Company’s policy in appropriate circumstances to disable and/or terminate the accounts of Customers who repeatedly infringe copyrights. |
| 14. Prohibited Practices |
| 1. Prohibited Offerings: Customer may not utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services, prescription medication or other content deemed adult related.The Company reserves the right to unpublish, remove, or take down any product, store, or account without prior notice if it is found to be selling the aforementioned prohibited products or any related products/services listed here. The Company also reserves the right to designate any other product or service as prohibited at its discretion. |
| 2. Profanity: Profanities, profane or otherwise inappropriate subject matter in the site content and in the domain name are prohibited. |
| 3. Private Information and Images: Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent’s consent in the case of a minor). |
| 4. Violations of Intellectual Property Rights: Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company may remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Intellectual Property Rights Infringement" above). |
| 5. Misrepresentation of Transmission Information: Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited. |
| 6. Viruses and Other Destructive Activities: Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for customersCustomer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. |
| 7. Hacking: "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. |
| 8. Anonymous Proxies: Company does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. Customers will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems. |
| 9. Child Pornography: The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Company is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services. |
| 10. Other Illegal Activities: The use of the Services to engage in any activity that is determined by Company, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Company will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. |
| 11. Other Activities: This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in Company’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Company’s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Company’s customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms of Use. In addition, the failure of Customer to cooperate with Company in correcting or preventing violations of these Terms of Use by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of Customer constitutes a violation of these Terms of Use by Customer. Without limiting the rights and remedies available to it, Company reserves the right in its sole discretion, to suspend or terminate Customer’s access to its account and the Services, with or without notice, and to take any other action that Company determines in its sole discretion is necessary as a result of any behavior by Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms of Use. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in Company’s sole discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this website or the Services. These prohibitions do not require Company to monitor, police, remove or reject any content, information, graphics, photographs or links on Customer’s hosted sites or any Customer Voluntary Suggestions or other information submitted by Customer or any other user; however the Company can do so at the discretion of the law enforcement agencies. |
| 15. Backup Storage |
| Company offers its Services to host ecommerce websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, Linker.store from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms of Use. IT IS SOLELY CUSTOMER’s DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON COMPANY SERVERS. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY Linker.store SERVER. |