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Preamble
The general Terms and Conditions of Use and Sale presented herein (henceforth known as the TCUS) are
conclusive between the Buyer and the Vendor.
The Site is a platform which offers the user a secure to share a list of links to other services provided by the user.
All usage of the Site and transactions made on the Site assumes prior consultation and unconditional
acceptance of these TCUS as described herein. The User and the Buyer are therefore advised to check the date
when the TCUS will come into effect. These TCUS cancel and replace all other previous agreements,
arrangements, offers, commitments and statements between the Buyer and the Vendor.
Article 1. Objective
These TCUS aim to define the terms of sale and usage of the Site between the Parties, from the creation of
an order up to after-sale services, including payment and delivery of the service by the Vendor.
Article 2. Entry into force - duration
These TCUS come into effect on the signing date of the purchase order and extend as necessary for the
provision of the services up to and until the completion of all obligations of the Vendor to the
Buyer.
Article 3. Contractual documents
These TCUS contain the obligations of the Parties in their entirety. Any conditions, general or specific
appearing in documents sent or delivered by the Buyer to the Vendor which do not comply with these TCUS are
invalid. The Terms and Conditions thus consist of the following contractual documents, listed in descending
hierarchical order: these TCUS, including annexes and amendments, and potentially the order-form. In the
event of contradictions in the provisions of documents of differing ranks, the provisions of those documents
of superior rank supersede. The Vendor reserves the right to adapt or modify these TCUS at any time all
transactions are subject to the version applicable at time of purchase. Accessing the Site subsequent to any
changes of these TCUS constitutes full and complete acceptance by the Buyer of said changes to these TCUS.
Article 4. Description of services
The services offered on the Site are digital services and are accessible to all users exclusive of any prior
computer skills. They allows said user to create and easily manage a link of links to social network or website
through a secure connexion.
The Vendor reserves the right to limit provision of services and/or suspend or
terminate the Buyer's contract. The Vendor also reserves the right to delete a user's Account if their site
remains inactive (no content uploads and/or inactivity in the parent zone) during the first 30 days of their
free registration to the service.
At any moment and without consultation of the Buyer, all or some of the services offered on the Site may be
changed or disrupted temporarily or permanently.
Article 5. User/Buyer Obligations
5.1 Age-verification of User/Buyer
The User/Buyer declares to be a real person, aged at least 18 years old and to be in their full legal
capacity or to have parental authorisation permitting him/her to order from the site.
5.2 Accuracy of personal details
When registering personal details in the "Your Account" section the User/Buyer must ensure to complete all
obligatory fields fully and to the best of his/her knowledge.
5.3 Adherence to the General Conditions
Being as they are accessible online at the Site, the User/Buyer declares having read and accepted these TCUS
in their entirety. Through the purchase of services provided by the Vendor, the Buyer assumes acceptance and
deliberate and unreserved adherence to these TCUS and if appropriate, to existing contractual documents
which may supplement or amend said TCUS. The User/Buyer has the possibility to save or edit these TCUS in
the understanding that he/she acknowledges sole responsibility for any edited and saved copies of this
document. As modifications may be carried out on these TCUS, it is recommended for the User/Buyer to consult
them regularly. If the User/Buyer does not accept the modifications to the TCUS, he/she is entitled to
cancel the account in accordance with article 17 of these TCUS.
5.4 Professional business interests
Prior to any order, the User/Buyer declares that his/her professional business interests have no direct
bearing on the purchase of the services offered on the Site, said purchases are limited strictly to personal
use. The User/Buyer is in full possession of consumer rights however these rights may be waived in a
situation in which the aforementioned services are acquired with intentions for use in any other
professional business.
5.5 Ways to access the services
By registering to the Site, the User/Buyer recognises responsibility to provide him/herself with the
necessary means and method (computer, telephone line, internet access, software etc.) to access the services
of the Site.
5.6 Legal address
If the User/Buyer's IP address appears to be based in a different country than the billing address provided
on the Account, the Vendor reserves the right to cancel the account.
5.7 Buyer's content
By registering to the Site, the User/Buyer agrees that none of the content which they wish to share with
their guests violates in any way existing laws and regulations in particular the rights of third parties,
nor may the content be violent, racist, anti-Semitic, xenophobic, defamatory, pornographic or contrary to
moral decency.
Article 6. Conditions of use of service
The Site is a secure-access platform intended strictly for private, family use. Any use by the User/Buyer of
the offered services which fall outside of said use is banned and will incur termination in accordance with
article 17.3, unless there is prior written agreement from the Vendor.
6.1. Free service cancellation
In the context of the use of the free service option, the Site can cancel an inactive user Account if it
blocks the use of a sub-domain for another family. The user of the free service option will be defined as
inactive if they have not connected to the parent zone for several weeks.
Article 7. Ordering
7.1 Products
The products on offer from the Vendor to the Buyer are accessible on the Site at the following address
https://linkio.xyz. These products are valid for the amount and duration contained on the fact sheets as
well as on the secure payment forms associated with them. Certain products may be renewed by tacit agreement
for successive periods of identical duration to that of the original order. At any time before the effective
renewal date the Buyer may cancel the automatic renewal process by going to the following Site page
https://linkio.xyz and by providing the username and password given to them at the start of the
order.
7.2. Initial Buyer identification
In order to complete the first order, the Buyer must open an Account following the procedures indicated on
the Site, in particular confirming their identity by means of an Google Account.
The Buyer must ensure the security and confidentiality of their username as well as their password. Under no
circumstances should these details be shared with any third parties. In case of misuse or fraudulent use the
Buyer must immediately inform Linkio.xyz Technical Support by e-mail.
7.3. Management and conservation of registration data
Taking into Account the characteristics of the Site, the Vendor notifies the Buyer that the personal files
and data relating to the Buyer's Account will be retained for a length of time necessary to allow for the
provision of the services, and beyond in the case of litigation between the Parties or under
compliance with existing laws and regulations. Personal data will be treated in accordance with the
conditions specified in Article 13 of these TCUS.
7.4 Registration and confirmation of the order
When the chosen product is selected, the Buyer can confirm the order and proceed to payment, this stage
formalises the contract of sale between the Vendor and the Buyer. All orders placed imply acceptance of the
description and the prices of the services available for sale. The Vendor will acknowledge receipt of the
order by e-mail. In certain cases, notably, default of payment, incorrect e-mail or other problems on the
Buyer's Account, the Vendor reserves the right to withhold the Buyer's order until resolution of the issue.
In this case all subsequent amendments relating to the services including tariff changes are applicable. In
the event that a service ordered is not available, the Buyer shall be notified by e-mail. This entails the
cancellation of the order for this service and its eventual reimbursement, the remainder of the order is
considered confirmed and finalized.
7.5 Withdrawal period
European Buyers who have completed an order on the Site have seven (7) business days to change
their minds about their purchase and request an exchange or refund. This period is inclusive of and extends
from the date the Buyer receives the email containing his/her log-in details for accessing the parent
zone.
However the first time the buyer connects to the "parent zone", the implementation of ordered Services
commences, and as a result any right of withdrawal may no longer be exercised.
Article 8. Financial Conditions
8.1 Prices
Pricing plans are inclusive of all taxes. They are inclusive of VAT. The Vendor reserves the right to
raise or lower prices without prior notification, the prices applicable to the Buyer will be those available
on the site at the moment of confirmation of the purchase.
The prices listed in the pricing page do not take into consideration any additional charges or fees applied by the Buyer's bank
which, depending on the country of residence, may vary between 1% - 3% of the total.
8.3 Methods of Payment
Payment of services ordered by the Buyer from the Vendor can be made exclusively by bank card by means of
either the secure payment system in operation on the Site at the time of purchase and/or via the secure
remote sales Account put in place by the Site. The provider could therefore be either a payment processor or
a banking organisation. The Vendor notifies the Buyer that at the moment of purchase the outstanding amount
for their order will be debited by the financial provider in operation on the Site.
The Vendor also notifies the Buyer that his activities may be limited to certain geographical restrictions
as a result a Buyer ordering from restricted geographical areas will not be able to access the payment
structure.
a. Payment Processor
The Vendor notifies that the Buyer is tasked to select one or more Payment Processor(s) in order to
complete, in their name and behalf, payment from bank cards relating to products offered on
the Site. Any transaction signed by the Buyer confirming their willingness to register payment via the
secure payment structure of a Payment Processor to which they have been directed, constitutes complete
acceptance of the selected product. Any transaction signed irrevocably by the Buyer is systematically
confirmed by the Payment Processor through e-mail to the address listed by the Buyer on the secure payment
form, confirming the transaction.
As well as personal information this e-mail will contain notably the following contractual information
- name of the selected product
- transaction number identifier
- total amount of the transaction
- date of purchase
- amount of credits
- unsubscribe link
- contact details for customer care and support
- user information
It is the sole responsibility of the Buyer to retain, in the medium of his/her choice the contractual
information transmitted by the Payment Processor. In the event of a dispute or unreasonable contestation
over a transaction the Buyer has signed irrevocably, with the institution extending the credit, the Vendor
reserves all rights in particular, in so far as is concerned, judicial rights.
b. Banking Organisations
The Vendor notifies the Buyer that payments will be accepted on the Site from any bank cards
directly through the payment platform of a banking organisation who will then control, confirm and complete
all transactions completed on the Site twenty-four (24) hours out of twenty-four (24) and seven (7) days out
of seven (7). Any transaction signed by the Buyer confirming willingness to pay, using the payment platform
of the banking organisation to which the Buyer has been directed, constitutes an irrevocable acceptance of
the selected product. It is the sole responsibility of the Buyer to retain, in the medium of his/her choice
the information relating to the payment transmitted by the banking organization.
8.4 Refund policy
No refund will be made if the Buyer has consumed the credits buyed.
8.5 Default of payments and dispute
In the event of non-payment of the order or in the event of refusal of authorisation of a Buyer's bank card
by its officially accredited organization, the Vendor reserves the right to suspend any orders in progress
and any deliveries. In the event of a payment dispute with the Buyer pending settlement, the Vendor reserves
the right to accept new orders from the Buyer conditional upon payment of the totality of the amount due to
the Vendor from the Buyer. In no case, shall payments due to the Vendor be suspended or be subject to any
reduction or compensation without written agreement from the Vendor.
Article 9. Delivery
The services ordered by the Buyer will be accessible within a maximum twenty-four (24) hour time period from
the moment payment is received on the Vendor's Account.
Article 10. Proof of transaction
In accordance with existing laws proofs of communications, orders and payments which have occurred between
the Parties shall be archived on a reliable and long-lasting medium to avail precise and accurate copies of
the original documents as required by the relevant authorities in the event of litigation between the
Parties. As a result the data registers shall be retained on the Vendor's central storage system within
reasonable security parameters and be considered as proofs of communications, orders and payments passed
between the Parties.
Article 11. Liability
11.1 Use of the Site and its services is the acknowledged sole responsibility of the Buyer.
11.2 The Vendor in no way guarantees the use of the internet site.
11.3 The Vendor cannot be held liable in the event where a breach of their obligations is attributable
to unforeseeable events beyond their control, as in a case of force majeure as defined in Article
18.
11.4 The Vendor cannot be held liable for any inconvenience or loss arising from the use of the
internet, in particular service outages, external intrusion, insufficient rate and/or duration of file
transfer or the presence of a computer virus.
11.5 The Vendor cannot be held liable for any injury, loss, claim, damage, or any indirect, incidental
or consequential damages of any kind arising from failure to use purchased products correctly.
11.6 The Vendor cannot be held liable in the event of failure by the Buyer to observe the existing laws
and regulations in the country of purchase.
11.7 The Vendor's liability is strictly limited to the value of the service in question which is
determined at the point of order without recourse for appeal against the company providing the service.
In any case the Vendor cannot be held liable for any amount exceeding that of the order subject to the
Buyer's claim.
Article 12 De-commitment
The buyer is liable to Linkio irrespective of fault, for all damages and expenses generated by the
violation of the terms and conditions (and integral parts herein).
In particular the buyer agrees and completely releases Linkio from all claims (contractual or tort)
against Linkio in connection with their use/purchase including damages to third parties. Damages to
indemnify include judicial costs and extrajudicial processes carried out by Linkio (including lawyers'
fees).
Article 13. Intellectual property
13.1 Intellectual property attached to the content of the Site
All features of the Site, whether they be audio or visual, and including the underlying technology are
protected by international treaties and agreements governing copyright, trademark and patent protection.
Trademarks, logos, designs, photos, and models available only on the Site are the exclusive property of the
Vendor. Their disclosure does not grant a licence or right of use whatsoever of said trademarks and
distinctive features protected by copyright. Use of these can incur prosecution. Therefore none of the
features of the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed
in any way whatsoever. A copy of the documents shall be made available to the Buyer to download on his/her
own computer for personal and strictly non-commercial use, this is on condition that the Buyer does not
change the information within and preserves all copyrights and proprietary notices. Modifying or using these
documents for any other purposes constitutes an infringement of the intellectual property rights of the
Vendor.
13.2 Hypertext links
A Buyer who has his/her own personal website and wishes to place a direct link on the aforementioned website
to the Site homepage, for personal use, must seek permission from the Vendor. This will in no way imply a
contract of affiliation. All hypertext links linking to the Site using "framing" or "in-line linking" are
strictly prohibited. In any case all links to the Site are to be removed at the request of the Vendor.
Article 14 Personal data
The Vendor may collect personal data regarding the Buyer. This is especially the case when the Buyer is
communicating the personal details (surname. name, address, etc.) necessary to process an order and the
information required to allow access to the services on offer on the Site. In accordance with the federal
laws on data protection (data protection laws) of 19 June 1992 (Status as of 1st January 2011) which aim to
protect the individual and the fundamental rights of persons who are subject to data processing, the Vendor
has taken all appropriate measures necessary to secure, delete or rectify inaccurate or partial data so as
they conform to the purposes for which they have been collected and processed. In accordance with the
aforementioned law the Buyer may request the Vendor to exercise his/her right to access and rectify with
regards to data relating to and contained within the Buyer's files.
Article 15. Cookies
The Buyer is notified that cookies may be stored on the hard drive of his/her computer; these cookies are
small files created whenever the Buyer connects to the Site. These files contain none of the Buyer's
personal information. Most of the cookies used by the Vendor are session cookies which are active only
during connexion. Permanent cookies are only saved on the hard-drive of the Buyer's computer to enable
identification when connecting to the Site and notably to allow access to the rights and advantages
acquired. Cookies are sometimes used for displaying advertising banners and for gathering statistics on
visitor numbers and the popularity of various sections and features of the Site. The Buyer may at any time
prevent cookies from being stored and saved by adjusting his/her browser settings accordingly. However the
Vendor notifies the Buyer that blocking cookies through adjusting browser or firewall settings may affect
normal operation of the Site. The Vendor does not regulate use of third-party cookies on the Site.
Article 16. Links to other sources
The Site may contain links (hypertext links) to other sites, notably to affiliated or partner sites. The
buyer assumes all risks resulting from accessing said sites through these hypertext links. The presence of
these links does not imply the Vendor in any way recommends or endorses the linked sites. The Vendor has no
control over said sites, or their content. Having no control over said sites, the Vendor is therefore in no
way liable for their content or availability. This also applies to all information on the Site coming from
other sources.
Article 17. Force majeure
In the event of an occurrence constituting force majeure as defined by existing laws and jurisprudence, the
obligations of the Parties will be automatically suspended. The Party identifying the occurrence must
promptly inform the other Party of its inability to fulfil commitments and explain the reasons. In this
situation, the suspension of obligations shall under no circumstance be a source of liability for
non-fulfilment of commitments or induce the payment of damages or penalties for delay. Upon removal of the
reason for the suspension of their mutual obligations, the Parties shall make every effort to resume as
swiftly as possible normal performance of their contractual duties. For this purpose the Party prevented
from carrying out its activities will notify the other of the resumption of contractual duties by recorded
mail delivery.
Article 18. Partial validity
In a situation where one or several provisions of these TCUS are considered void, inapplicable or
unenforceable or declared to be so pursuant to a statute, regulation or final judgment of a court having
jurisdiction, all other provisions in these TCUS continue to apply in full.
In this case, the invalid provisions shall be applied within the possible limits of the law and the Buyer
agrees to comply with provisions that would have the same effects as the invalid clauses of these TCUS.
Article 19. Waivers
If one of the Parties waives its right to any of the provisions of these TCUS in a given circumstance they
cannot be considered to waive their rights to said provision in these TCUS in other circumstances or to take
advantage of any other provision of these terms and conditions, in any other circumstances. No right to
waive on any of the provisions of these TCUS shall have effect unless it is put in writing and signed by a
duly authorised representative of the Party in question. The failure of one of the Parties to exercise or
enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or
provision in the future.
Article 20. Jurisdiction and applicable laws
These TCUS are entirely subject to Spanish law to the exclusion of all other legislation. This is the case for
rules of structure and rules of form. In no case, can the Vendor guarantee compliance with local laws
applicable to the Buyer when accessing the Site from other countries.
Article 21. Forum clause
In the event of a dispute or claim arising out of or relating to these TCUS, to which no amicable settlement
can be reached within the fifteen (15) days of complaint, the Parties agree to submit to the relevant courts
within the jurisdiction of the Vendor's corporate headquarters.