TERMS & AGREEMENTS
Colinkz stands for community linked, our motto is culture-community-connect. We bring people together from all different communities to explore all the Cultures
of the world. We know as community organizers and consumers you want your events to run safely and smoothly. We want the same thing for our platform. We're excited
you are here. Please review the following Terms and Agreement carefully. By accessing or using Colinkz’s Services, you agree to comply with an be bound by these
Terms, as applicable to you.
ACCEPTANCE OF USER AGREEMENT
By registering with colinkz, or by accessing our website and content, including through our mobile applications, or by using our developer platform, premium services,
or other information provided as part of the colinkz services (collectively, the “services”), you become a “user” and agree that you have entered into a legally binding
agreement with colinkz media inc, 7894 glover road langley, bc v1m 2e3 (“we,” “us,” “our,” and “colinkz”), the terms of which consist of this user agreement, the code
If you are using or accessing the services on behalf of a company or other legal entity, you are representing that you have the authority to bind the company or other
legal entity to the terms of the agreement and acknowledge and understand that both you, individually, and the company or entity which you represent are bound by
this agreement. If you do not want to register an account and become an user, do not agree to be bound by this agreement, do not click “join colinkz” and do not
access, view, download or otherwise use any colinkz webpage, information or services. By clicking “join,” you acknowledge that you have read and understood the terms
and conditions of this agreement and that you agree, on behalf of yourself and on behalf of any company or other legal entity which you represent, to be bound by
all of its provisions. By clicking “join now,” you also consent to use electronic signatures and acknowledge your click of the “join now” button as one.
1. License and warranty for your submissions to Colinkz: By establishing a Colinkz Account and accepting these Terms of Service, you agree that Colinkz may assist you
in setting up your profile by using publicly available online information regarding you to populate your profile and to supplement any information provided by you in
setting up that profile. You own or otherwise have the lawful right to provide the information that you provide to Colinkz or allow Colinkz to access under this
Agreement, and may request its deletion at any time, unless you have shared information or content with other Users and they have not deleted it, or it was copied
or stored by other Users with your permission. Additionally, you grant Colinkz a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable,
fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize,
in any way now known or in the future discovered, any information you provide, directly or indirectly, to Colinkz, including, but not limited to, any user generated
content, publicly available online information used by Colinkz to populate your profile, ideas, concepts, techniques or data (but excluding email addresses), without
any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information
to us, you represent, warrant and covenant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation
of any contractual restrictions or other third party rights.
Without limiting the generality of the foregoing, you represent, warrant, and covenant that: (a) at the time of sending any communication using the Services, you have
or will have obtained any and all necessary consents required or is otherwise able under applicable law, including applicable anti-spam legislation, from your contacts
to use their email address for the purpose of sending such emails or other electronic communications; and (b) if such recipient advises you that it no longer wishes
to receive further commercial electronic messages or you otherwise determine that you no longer have lawful consent to send them electronic communications, you will
ensure that Colinkz is immediately made aware of such change in circumstances. Furthermore, you acknowledge that the template messages provided by Colinkz in connection
with the Services are for convenience and example only and that you are solely responsible for selecting the content of communications that you transmit using the Services,
including ensuring that such content complies with all applicable laws. It is your responsibility to keep your Colinkz profile information accurate and updated.
2. Service Eligibility:To be eligible to use the Service, you must meet the following criteria and you hereby represent and warrant that
you: (1) are not currently restricted from the Services, or not otherwise prohibited from having a Colinkz account, (3) are not a competitor of Colinkz or are not
using the Services for reasons that are in competition with Colinkz; (4) will only maintain one Colinkz account at any given time; (5) have full power and authority
to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other
agreement to which you, or the person or entity you are representing, are a party; (6) will not violate any rights of Colinkz, including intellectual property rights
such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
3. User ID and Password:You agree to: (1) keep your password secure and confidential; (2) not permit others to use or otherwise access your
account; (3) not use or otherwise access other Users’ accounts; and (4) not sell, trade, rent, lease, share, or otherwise transfer your Colinkz account or a right to
access your Colinkz account, or any portion thereof, to another party. You are responsible for anything that happens through or involving your account until you close
down your account or prove to Colinkz’s reasonable satisfaction that your account security was compromised due to no fault of your own. To close your account, please
visit the My Accounts section within the Colinkz application.
4. Indemnification: You will fully indemnify, defend and hold us harmless for all damages, losses and costs (including, but not limited to,
reasonable legal fees and costs), fines, administrative monetary penalties or settlement costs, ("Losses") related to all third party claims, charges, regulatory and
other investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party
rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in your account or which you engage in or through your use of the Services.
You will further indemnify, defend, and hold us harmless from and any and all Losses arising from (a) any breach or inaccuracy of Section 2 above; or (b) any claim
or allegation that you or Colinkz has transmitted a communication using the Services in violation of applicable law, including applicable anti-spam legislation.
5. Payment:If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), those Premium
Services are subject to this Agreement and any additional terms which you accept in connection with registering for the Premium Services. When you purchase Premium
Services, you agree that we may store your payment information and that we may use that payment information to charge the applicable fees for the Premium Services
(including, without limitation, periodic subscription fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs
and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription and are
non-refundable. You also acknowledge that Colinkz’s Premium Services are subject to this Agreement and any additional terms related to the provision of the
6. Communications from Colinkz to You: Colinkz, at its discretion, may contact or notify you regarding scheduled and unscheduled downtimes
outside of our routine maintenance windows, changes to the Services or this Agreement or other items relating to the Services or your account using any of the following
means: (a) a banner notice placed across Colinkz’s pages; (b) an email from Colinkz to an email address associated with your account, even if we have other contact
information; or (c) through your Colinkz account or through other means including mobile number, telephone, or delivery services including the postal service. Please
review your Settings to control what kind of messages you receive from Colinkz. You acknowledge and agree that Colinkz shall not be liable for any consequence resulting,
directly or indirectly, from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information
about the Service.
7. Colinkz Applications: Colinkz may offer the Services through applications built using Colinkz’s platform (“Colinkz Applications”).
Examples of Colinkz Applications include its smart phone applications (Colinkz for Android or Colinkz for iOS), and Colinkz’s “Share” buttons and other interactive
plugins distributed on websites across the web. Colinkz Applications are distinct from third party Platform Applications. If you use a Colinkz Application or
interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device,
your mobile carrier, your internet access provider, your physical location, and/or web pages containing Colinkz plugins that load in your browser may be
communicated to us. Further, by importing any of your Colinkz data through the Colinkz Application, you represent that you have authority to share the transferred
data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Colinkz account
information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge
you are responsible for all charges and necessary permissions related to accessing the Services through your mobile access provider. Finally, by using any
downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated
with the application provided at download or installation, or as may be updated from time to time.
8. User-to-User Communication and Sharing (Groups, Discussions, Topics, Messaging, Promotions, Events, Tasks, Updates, Company Profiles, etc.):
Colinkz hosts various forums where you can post your observations and comments on designated topics. Colinkz also enables sharing of information by allowing Users to
post updates, including links to third party content, and other information such as events, promotions, and other content to their profile and other parts of the site,
such as Profile Pages. Colinkz members can create Profile Pages and other Pages for free, however, Colinkz may close or transfer any Profile Pages or other User created
Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Notwithstanding the above, you acknowledge and agree
that colinkz is not responsible for any content or information posted by you or any other user in any alignable hosted forum, blog, page, calendar or website through a
user created message or otherwise through the services in any manner. Please note that ideas you post and information you share may be seen and used by other Users,
and Colinkz cannot guarantee that other Users will not use the ideas and information that you share on Colinkz. Therefore, if you have an idea or information that you
would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to
the Services, to any Colinkz Users you are connected to, into your Network Updates, or elsewhere. Colinkz is not responsible for a user’s misuse or misappropriation of
any content or information you post in or on any colinkz hosted forum, blog, page, calendar or website or through a user created message or otherwise through the
services in any manner.
Agreement by reference, and governs our treatment of any information, including personally identifiable/personal information you submit to us. Please note that
certain information, statements, data, and content (such as photographs) which you may submit to Colinkz, or other Users using the Services might, or are likely
to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information,
statements, data, and content to us is voluntary on your part.
10. Export Control: Your use of Colinkz services, including our software, is subject to the Personal INformation Protection and Electronic
Documents Act (PIPEDA). You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any
end-user without obtaining the required authorizations from the appropriate government authorities.
11. Contributions to Colinkz: By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Colinkz through its
suggestion, survey or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Colinkz is
not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Colinkz shall be entitled to use or disclose (or choose not
to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Colinkz may have something similar to the Contributions already under
consideration or in development; (e) you irrevocably assign to Colinkz all rights to your Contributions; and (f) you are not entitled to any compensation or
reimbursement of any kind from Colinkz under any circumstances.
12. Invitations to Connect: If you invite other Users to connect with you or if you invite persons not yet members of the Colinkz community to
join Colinkz and connect with you, Colinkz will automatically reminder emails to recipients who haven’t yet responded to your invitation to connect. Reminders are sent
to alert the recipient of an invitation in case they overlooked the original message. We remind you that it is solely your responsibility to determine whether Colinkz’s
invitation process is in compliance with applicable laws that affect your intended recipients and accordingly, you may prevent Colinkz from sending reminder emails by
canceling the invitation at any time prior to the transmittal of the reminder email.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable
license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or
other technology or software used to access data without the express written consent of Colinkz or its Users), view information and use the Services that we provide
on Colinkz webpages and in accordance with this Agreement. Any other use of Colinkz contrary to the Code of Conduct is strictly prohibited and a violation of this
Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other
rights and interest in Colinkz, the Services, and all related items, including any and all copies made of the Colinkz website.
OUR RIGHTS AND OBLIGATIONS
1) Services Availability: For as long as Colinkz continues to offer the Services, Colinkz shall provide and seek to update, improve and expand the Services. As a
result, we allow you to access Colinkz as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement.
We may modify, replace, refuse access to, suspend or discontinue Colinkz, partially or entirely, or change and modify prices for all or part of the Services for you
or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise
noted. Colinkz further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Colinkz
to be contrary to this Agreement. For avoidance of doubt, Colinkz has no obligation to store, maintain or provide you a copy of any content that you or other Users
provide when using the Services.
2) Third Party Sites and Developers: Colinkz may include links to third party web sites (“Third Party Sites”) on www.Colinkz.com or www.Colinkz.ca and
elsewhere. Colinkz also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and
functionality using data and developer tools made available by Colinkz through its developer platform. You are responsible for evaluating whether you want to
Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.
Colinkz is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or
Platform Applications. Colinkz also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use
Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is”, “as-available” basis without any warranty
as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you
allow a Platform Application or Third Party Site to authenticate to or connect with your Colinkz account, that application or website can access information on
Colinkz related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Colinkz’s
3) Disclosure of User Information: You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you
provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with
legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to
claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service
inquiries; or (5) protect the rights, property, or personal safety of Colinkz, our Users or the public. Disclosures of User information to third parties other than
4) Connections and Interactions with other Users: You are solely responsible for your interactions with other Users. Colinkz may limit the number of connections you
may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the
Services. Colinkz reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if
Colinkz determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply
Do not rely on colinkz, any information therein, or its continuation. We provide the platform for colinkz and all information and services on an “as is” and “as
available” basis. Colinkz does not control or vet user generated content for accuracy. Subject to applicable law, we do not provide any express representations,
warranties or conditions.
To the fullest extent permissible under applicable law, we disclaim any and all implied representations, warranties, or conditions, including, without limitation,
any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by colinkz
or anything related to colinkz, you may close your colinkz account and terminate this agreement in accordance with section g (“termination”) and such termination
shall be your sole and exclusive remedy.
Colinkz is not responsible, and makes no representations, warranties or conditions regarding the delivery of any messages (such as direct messages, posting of answers
or transmission of any other user generated content) sent through colinkz to anyone. In addition, we neither represent nor warrant that your use of the service will
not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned
by third parties who have licensed such material, service, or technology to us.
Colinkz does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its
services by other users of the community; therefore, colinkz disclaims all liability for identity theft or any other misuse of your identity or information.
Colinkz does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services
may be interrupted due to maintenance, updates, or system or network failures. Colinkz disclaims all liability for damages caused by any such interruption or errors
in functioning. furthermore, colinkz disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the colinkz site due to
inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
LIMITATION OF LIABILITY.
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
Neither Colinkz nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Colinkz Affiliates”) shall be cumulatively liable for
(a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or CAD $100, whichever amount is greater, or
(b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your
use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded from Colinkz. This limitation of
liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability
1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility
of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
2. Not apply to any damage that Colinkz may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by
applicable law that cannot be disclaimed from in this Agreement.
1. Mutual rights of termination: You may terminate this Agreement, for any or no reason, at any time, with 30 days notice to Colinkz pursuant to Section I.3.
This notice will be effective upon Colinkz processing your notice. Colinkz may terminate the Agreement and your account for any reason or no reason, at any
time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Colinkz or
the party paying for the services may terminate your access to any Premium Services. Termination of your Colinkz account includes disabling your access to
Colinkz and may also bar you from any future use of Colinkz.
2. Misuse of the Services: Colinkz may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes
inviting other Users with whom you do not know to connect; abusing the Colinkz messaging services; creating multiple or false profiles; using the Services
commercially without Colinkz’s authorization, infringing any intellectual property rights, violating the Code of Conduct, or any other behavior that Colinkz,
in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Colinkz will suspend access to and terminate the account
of any User whom Colinkz determines to be a repeat infringer of other person’s rights under the Canadian Copyright Act or similar legislation. A User will be
deemed a “repeat infringer” if (a) such User has been notified of infringing activity more than twice and/or has had one of its submissions removed from our
Website more than twice.
3. Effect of Termination: Upon the termination of your Colinkz account, you lose access to the Services. The terms of this Agreement shall survive any termination
1. Law and Forum for Legal Disputes: This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed
by the laws of the state of British Columbia regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law
principles and the United Nations Convention for the International Sale of Goods. You and Colinkz agree that all claims arising out of or related to this Agreement
must be resolved exclusively by the province of British Columbia. Notwithstanding the above, you agree that Colinkz shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
1. Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the
unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the
provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the
remaining provisions of this Agreement will not be affected in any way.
documentation, including additional terms of service for Premium Services, will govern your relationship with Colinkz.
3. Notices and Service of Process: We may notify you via postings on www.colinkz.com You may also contact us here. Or via mail or courier at:
Colinkz Media Inc. ATTN: Legal Department
Additionally, Colinkz accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no
4. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes
all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter
of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Colinkz services, third-party
content or third party software.
5. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Colinkz.com
or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per _________ (Termination).
6. No informal waivers, agreements or representations: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act
with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations,
statements, consents, waivers or other acts or omissions by any Colinkz Affiliate shall be deemed legally binding on any Colinkz Affiliate, unless documented in a
physical writing hand signed by a duly appointed officer of Colinkz.
7. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of
the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material
used or displayed through the Services.
8. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be
ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute,
by way of unilateral novation, effective upon notice to you, Colinkz Corporation for any third party that assumes our rights and obligations under this Agreement.
9. Potential Other Rights and Obligations: You may have rights or obligations under local law other than those enumerated here if you are located outside Canada.