Liink is the creator and owner of Liink, a building and construction application that enables data sharing of information including contact details,
jobs, invoices, calendars, progress management and statutory data compliance including work health and safety information.
The Information is sourced solely from the Customer and other Customers.
Liink is an application which may plug into OnSite Companion and other software systems and web services.
A Customer Service Agreement is formed between Liink and the Customer on the terms of the Order Form completed and submitted
by the Customer and these Terms and Conditions.
In this Agreement, the following definitions and interpretation apply:
Act of Default means (a) any breach of this Agreement including but not limited to a default in payment of any Charges
or unauthorised disclosure of the Confidential Information or Content; (b) where the Customer suffers an Insolvency Event or has an administrator,
liquidator or receiver appointed or enters into any composition with or scheme of arrangement for the benefit of the Customer’s creditors.
Agreement means this Customer Service Agreement comprising the Order Form(s) and these Terms and Conditions.
Business Hours means 9am – 5pm Monday to Friday Australian Eastern Daylight Time (AEDT) excluding national public holidays.
Charges means the charges payable by the Customer to Liink pursuant to this Agreement including, but not limited to,
fees connected with registration of the Software Licence or any specific customisation requests agreed to by both parties.
Liink means Companion Liink PTY Limited ACN 639 090 074 of Lvl 6, 1 Horwood Place, Parramatta NSW 2150, a proprietary software systems,
applications and products that are licensed to the Customer for its use under the terms of this Agreement including Updates.
Confidential Information means all trade secrets, ideas, know-how, concepts and information whether in writing or otherwise relating
to Liink or the business, marketing or promotional affairs of Liink. The Confidential Information includes but is not limited to:
- Customer registration codes and passwords;
- products and service price information and lists;
- Software and software Updates including source code and concepts;
- SQL scripts written by Liink for the purposes of operating Liink or other associated software or service;
Content means the information inputted by the Customer or made available to the Customer through Liink.
Customer means the individual or legal entity (and if more than one, all of them jointly and severally) who has accepted this Agreement
by physically or electronically signing and returning to Liink the Order Form or selecting the “I Accept” (or similar) button on the Liink Website.
Default Interest Rate means 9% per annum calculated daily.
GST means Goods and Services Tax within the meaning of the Goods and Services Tax Act 1999 (Cth) from time to time as amended.
Insolvency Event means any of the following events in respect of the Customer
(and if the Customer is more than one person or entity, then any of them):
- a bankruptcy or winding-up proceeding is made to the relevant court;
- an order is made or a resolution is passed to wind up;
- an external administrator is appointed; or
- a sequestration order is made for the Customer to be declared bankrupt.
Information Providers means Liink and its subsidiaries and officer holders, staff and agents,
HIA Insurance Services and any other insurance provider that Liink determines appropriate.
Intellectual Property means all intellectual and industrial property including but not limited to copyright, patents,
registered and unregistered trademarks, registered designs, trade secrets or know how.
Order Form means the form prescribed by Liink to register for Liink
(whether as part of our online registration or a separate Order Form, paper or electronic).
Personal Information means personal information as defined in the Privacy Act 1988 (Cth) and similar legislation of the Commonwealth
and the States and Territories of the Commonwealth (including, without limitation, the Privacy and Personal Information Protection Act 1998 (NSW)
and the Information Privacy Act 2000 (Vic)), and other information to which laws relating to privacy apply, contained in Information Provider Information.
Personal Information includes information or an opinion (including information or an opinion forming part of a database and whether or not recorded
in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
Security Information means the Customer’s log-in details, usernames, private keys or passwords or
other access controls provided to the Customer or User to access Liink.
Software Licence means the licence of the Customer to use Liink in accordance with the terms of this Agreement.
Software Licence Commencement Date is the commencement date set out in the Order Form.
Update includes patch, enhancement, changes, improvements or upgrade.