These Terms are binding on any use of the Service and apply to You from the time that Share Link provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person and/or company for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 15th December 2018.
means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.
Means the software application available online at sharelink.com.au (and its subdomains) and the code made available to use on Your website to display share price information, company announcements and market data information.
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Application.
Means Ezypay Pty Ltd A.C.N. 003 340 734 trading as Ezypay.
means the information relating to subscriptions and billing set out on the Share Link subscriptions and billing pages on the Website, or any other page(s) on the Website notified by Share Link, which may be updated or amended by Share Link from time to time.
"Intellectual Property Right"
means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means Share Link Technologies Pty Ltd A.C.N. 505 029 988 trading as Share Link.
means the software service made available (as may be changed or updated from time to time by Share Link) via the Application.
means the person who registers to use the Service.
means the Internet site at the domain www.sharelink.com.au or any other site operated by Share Link.
means the User, and where the context permits, an Invited User. "Your" has a corresponding meaning.
Share Link grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
1. the Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
2. the Subscriber is responsible for all Invited Users’ use of the Service;
3. the Subscriber controls each Invited User’s access to the relevant organization and Service at all times and can revoke or change an Invited User’s access at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
4. if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
2. Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organizations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organizations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without prejudice to any other rights that Share Link may have under these Terms or at law, Share Link reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full in accordance with the requirements set out in the Fee Schedule.
3. General obligations:
You must only use the Service for Your own lawful purposes, in accordance with these Terms and any notice sent by Share Link or condition posted on the Website. You may use the Service on behalf of others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You. You may not under any circumstances use the Service in order to provide services to others unless with the express written consent of Share Link.
4. Access conditions:
5. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to the number of calls You are permitted to make against Share Link’s application programming interface. Any such limitations will be advised.
6. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Website, You represent that You are permitted to make such communication. Share Link is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Share Link does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Share Link against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Share Link, including (but not limited to) any costs relating to the recovery of any Fees that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Share Link (or its licensors).
2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant Share Link a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
3. Backup of Data:
You must maintain copies of all Data inputted into the Service. Share Link adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Share Link expressly excludes liability for any loss of Data no matter how caused.
4. Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Share Link may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Share Link shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
4. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
5. Share Link does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Share Link is not in any way responsible for any such interference or prevention of Your access or use of the Services.
6. It is Your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used.
3. No warranties:
Share Link gives no warranty about the Services. Without limiting the foregoing, Share Link does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
4. Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
When You first sign up for access to the Services You can evaluate the Services with no obligation to continue to use the Services.
2. Prepaid Subscriptions
Share Link will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
3. No-fault termination
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee in accordance with the Fee Schedule, unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing one month's’ advance written notice, You shall be liable to pay all relevant Access Fees up to and including the day of termination of these Terms.
Share Link may take any or all of the following actions, at its sole discretion:
5. Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
2. immediately cease to use the Services and the Website.
6. Expiry or termination
Clauses 3.1, 3.6, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Share Link. If You still need technical help, please check the support provided online by Share Link on the Website or failing that email us at email@example.com.
2. Service availability:
Whilst Share Link intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Application may be unavailable to permit maintenance or other development activity to take place.
If for any reason Share Link has to interrupt the Services for longer periods than Share Link would normally expect, Share Link will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
4. No Assignment:
You may not assign or transfer any rights to any other person without Share Link's prior written consent.
5. Governing law and jurisdiction:
Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Share Link must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Share Link. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
8. Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Last updated: December 2018