Terms & Conditions

Thank you for visiting our website and/or App www.linkmate.com.au (“Linkmate”). This website is owned and operated by Linkmate Pty Ltd as trustee Linkmate Trust (ABN 55 908 239 513). By accessing and/or using Linkmate and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”).

In these Terms, ‘us’, ‘we’ and ‘our’ means Linkmate and our related bodies corporate.

Acceptance of Terms

You accept the Terms by remaining on Linkmate. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you. Linkmate has the right to modify the policies, conditions, payments, commissions and Terms.

Registration

You may be required to register an account through Linkmate (the “Account”) before you can fully utilise Linkmate. As part of the registration process, or as part of your continued use of Linkmate, you may be required to provide personal information about yourself (such as identification or contact details), including your:

name
email address
social media account
date of birth
preferred username
preferred password

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.

To create an account, you must:

be at least 18 years old;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use Linkmate in accordance with these Terms.

We reserve the right to reject a registration or remove a profile from Linkmate at any time at our discretion.

Collection Notice

We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

If you would like any further information about our privacy policies or practices, please contact us at info@linkmate.com.au.

Accuracy, completeness and timeliness of information

Images of the products from other websites and images are just for illustration purposes. Third parties may be permitted to post content on Linkmate.

We do not endorse or approve any third-party products. It is your sole responsibility to determine that specific products meets your needs and/or are suitable for the purposes for which they are used.

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

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 Linkmate or a linked website. You must take your own precautions to ensure that whatever you select for your use from Linkmate is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to Linkmate (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Linkmate updated. We are not liable to you or anyone else if errors occur in the information on Linkmate or if that information is not up-to-date.

You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through Linkmate.

Consultation with professional

The content on Linkmate does not replace the face to face relationship with your medical professional, healthcare practitioner, certified counsellor, psychologist, or psychiatrist. Users should obtain in-person care from your medical professional, healthcare practitioner, certified counsellor, psychologist, or psychiatrist.

We encourage you to seek advice from a certified professional in addition to using the content provided on Linkmate.

Linkmate is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any medical, psychiatric, counselling or emotional service. It is also not intended for any information regarding medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the platform.

If you are thinking about suicide, if you feel that you may be a danger to yourself or to others, or if you otherwise have any medical emergency, please immediately call 000 (or the relevant emergency number in your country) and notify the police or emergency medical services.

Linkmate is not designed for use in emergency cases. Practitioners and Mates cannot provide the assistance required in any emergency cases.

Suggested activities

At times, practitioners or Mates may work with you to identify or suggest that you undertake certain activities to support your health & wellbeing, such as going for a walk or a swim. However, you have the ability to determine whether these suggestions are suitable for your needs.

All suggestions, statements and opinions are for general purposes only. The suggestions do not take into account your specific needs or circumstances. The suggestions are general suggestions only and are not a substitute for medical advice. Any reliance you place on the suggestions is at your own risk. Linkmate cannot be held liable or responsible for any activity that you undertake.

Practitioners or Mates

Prior to becoming a “Mate”, all aspiring Mates must successfully complete all components of the Linkmate Training Course, sit an interview and provide a national police clearance check. Linkmate reserves the right to approve, disapprove or terminate any Mate, regardless of whether they have successfully completed the training course. Mates are responsible for and trained in peer support, active listening, empathy and social prescribing.

Practitioners must abide by any of Linkmate’s policies governing practitioners, whether included on Linkmate or conveyed to you in a Linkmate orientation session. Any reported violation of such rules may result in the immediate removal from Linkmate. You have the right to refuse service to any client engaged through Linkmate.

Payments

1. 1. Where the option is given to you, you may make payments by way of a third-party electronic payment system embedded in Linkmate. The payment system being used is Paypal, Stripe, credit card, debit card, Apple Store, Google Play Store or any third party provider and the user of this system is subject to the terms and conditions of the third party provider.
  2. In using Linkmate or when making any payment, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website as applicable.
  3. You agree that the payment is for a monthly subscription to Linkmate.
  4. Linkmate may change our subscription plans and the price of our service from time to time after providing reasonable notice on Linkmate.
  5. You can cancel your subscription at any time, and you will continue to have access to Linkmate through the end of your billing period.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Obligations of Users

You must use Linkmate only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host Linkmate;
You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
You will not interfere (or attempt to interfere) with any security-related or other features of Linkmate;
You may not use this app to send messages that are offensive. If you receive a message that you feel is offensive, tap on “Report” in the chat settings to report the user and describe the issue;
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
You will not use Linkmate in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
You will not use the services or Linkmate for any illegal and/or unauthorised use;
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Linkmate without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of Linkmate; and
You acknowledge and agree that any automated use of Linkmate or its services is prohibited.

Fitness for Purpose

To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any services for a particular purpose.
Any recommendation, information or assistance provided by us is provided without any liability whatsoever.
The content of, or any opinion expressed in any post does not represent the views of Linkmate in respect of the content of that post. The fact that a post has not been removed by Linkmate is not an endorsement of its content.
By using Linkmate, all users agree and acknowledge that Linkmate accepts no responsibility for the accuracy of any post or other information posted by a user to Linkmate and all users release and forever hold harmless Linkmate from any liability in respect of the inaccuracy of any post, or the information contained therein, howsoever arising or howsoever caused.
Views expressed by anyone you connect with through Linkmate are not necessarily endorsed by Linkmate.
The information, including statements, opinions, documents and materials contained on Linkmate is for general information purposes only. Linkmate does not take into account your specific needs, objectives or circumstances, and it is not medical or professional advice or services. Any reliance you place on Linkmate is at your own risk.
To the maximum extent permitted by law, Linkmate excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss) arising out of or in connection with Linkmate except to the extent that the loss or damage is directly caused by Linkmate’s fraud or wilful misconduct.

Warranties

1. 1. To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the products and/or services.
  2. Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement. Subject to those rights that cannot be excluded under the ACL, our liability (and any Third-Party Supplier’s liability) for a breach of a non-excludable condition or warranty is limited, at our option, to the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.

In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

Linked sites

Linkmate may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. 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.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Linkmate and in all of the material (including all text, graphics, logos, audio and software) made available on Linkmate (Content).

Your use of Linkmate and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Linkmate or the Content. However, we do grant you a licence to access Linkmate and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Users warrant that they hold all intellectual property in any post that they make, and that the posts do not infringe the intellectual property right of any other person. Upon posting, the material included in that post becomes the property and intellectual property of Linkmate.

Any reproduction or redistribution of Linkmate or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of Linkmate, the Content or any part of it is prohibited, except to the extent permitted by law.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to Linkmate, including but not limited to:

any act that would constitute a breach of the law in the relevant jurisdiction;
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using Linkmate to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to Linkmate any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
sharing or communicating any objectionable, abusive and/or offensive content

If we allow you to post any information to Linkmate, we have the right to take down this information at our sole discretion and without notice. If objectionable content has been reported to us, we have the right to remove the content and eject the user who provided it within 24 hours.

Disclaimers

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about Linkmate 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 Linkmate will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to Linkmate, any Content, or any feature of Linkmate at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, we make no representations or warranties about Linkmate or the content, including (without limitation) that:

it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses;

You acknowledge that Linkmate is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any party.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of Linkmate or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to release, indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Linkmate’s use of your content; or (iv) your violation of the rights of any third party.

Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

Termination

We may terminate or suspend this agreement at any time. Termination of this agreement is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system. You may cease using Linkmate at any time.

Jurisdiction and governing law

Your use of Linkmate and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.