Terms & Conditions

Hi there! Welcome to Linkby.com (Website) which is operated by the fine folk at Linkby Pty Ltd (ABN 88 630 191 927). By visiting the website and application or using our services, you agree to these Terms and Conditions, including our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately stop using our services if you do not agree with them.

In these Terms,’us’ ‘we’ or ‘our’ means Linkby Pty Ltd (ABN 88 630 191 927) and our related companies including Linkby Worldwide (48 636 498 046)

Introduction: Linkby is a platform that allows advertisers to create cost per click links which can be used by publishers and creators to monetise their content by inserting the links into their stories. (Service)

Using our Service

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website and the performance of the service, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information and delivery of our service.

We are not liable to you or anyone else if errors occur in the delivery of the service not limited to the tracking and distribution of links, calculation of payment information or the information on the website or if that information is not up-to-date.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that the website/s are free of viruses or anything else that may interfere with or damage your computers or software.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it.

Links

Our service contains links to websites operated by third parties. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. You click on any any link associated or generated by the Service at your own risk.

If you’re uploading or promoting a link you warrant that you take sole responsibility that the link and all associated content on any subsequent website or service connected with that link complies with all relevant laws and does not violate any use of the service covered under the section titled Unacceptable Activity of these terms.

When sharing links you must adhere to the advertising standards and regulations in your jurisdiction to disclose the nature of the commercial relationship.

You agree to not in any way manipulate clicks or artificially inflate click counts including but not limited to personally clicking or encouraging others within a related organisation, network or using any other form of computer software or bot. Any violation of this policy may result in your account being terminated, any funds on the platform being forfeited and/or your account being suspended, permanently deleted or further action being taken against you.

Intellectual Property Rights

By uploading any content to our service you agree that you own all rights, titles and interests (including copyright, designs, patents, trademarks and other intellectual property) in the content and that the Service and any other associated parties publishing or sharing the content is extended the license to reproduce the content in perpetuity.

Unless the content was is identified as uploaded by a 3rd party we own all other information and all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and service on the terms and conditions set out in this Agreement.

Any unauthorised reproduction, copying, redistribution or copying of this website or service is prohibited except to the extent permitted by law.and may result in civil and criminal penalties.

Unacceptable activity

In the process of using our service or website you must not do any act or upload or share any content that would be reasonably deemed inappropriate, unethical, is unlawful or is prohibited by any laws applicable including but not limited to:

  1. Any content that violates copyright or which you don’t own or have a right to license and to share this right with other websites or users
  2. Any content that contains false or untrue claims that can’t be substantiated or which cause damage to another individual or organisation
  3. Any content or action that would constitute a breach of either the privacy or legal rights of individuals or related companies
  4. Uploading files that contain viruses that may cause damage to our property or the property of other individuals, users or organisations.
  5. Uploading or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause offence, or which is defamatory, racist, obscene, threatening, pornographic, false information or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

We have the right to take down this information at our sole discretion and without notice and to suspend or terminate your account and to freeze or forfeit any funds held by the service.

Payments

When creating a campaign on the service you’re entering into a contract to pay up to the full-amount of that campaign. Payments created through the platform must be made by a valid credit card with invoiced payments offered for campaigns larger than $5,000.

While best efforts will be made to deliver on the full value of the campaign this is dependant on the delivery provided by publishers and content creators on the platform. The service is in no way responsible for any component of a campaign that fails to be delivered. You will only pay for the proportion of the campaign delivered.

For publishers and content creators sharing links you’ll be paid a share of revenue for every eligible click recorded. An eligible click is a unique, human generated click that is verified by the service as a valid interaction. All decisions made by the service in regards to the eligibility of clicks are final.

The service takes a 30% share on any revenue generated using the service. This will be deducted from any publisher/content creator earnings generated prior to being paid out. If an advertiser or content/creator is suspected of violating any terms and conditions their payment or funds may be held indefinitely by the platform to fund any refunds or action required.

By using the Service you acknowledge and accept all payment decisions and calculations made by the service are final and that no further discussion, action or claims can be made against the Service for any payment related disputes.

Warranties and disclaimers

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

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

Liability

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

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.