Lokpay Digital
Website Terms of Access
This Website is operated by Lokpay Digital Pty Ltd ACN 690 973 490 who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.
The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out on this linked page. By accessing the Website, you are agreeing to these Terms of Access.
1. Generally
1.1 You may not use the Website, or the material contained on it, for any unauthorised purpose. This includes:
- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading or reposting the material to any other site on the Internet; and
- “framing” the material on the Website with other material on any other website.
1.2 Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
1.3 You may not modify or copy:
- the layout of the Website; or
- the Software and codes contained in the Website.
1.4 We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for business use only and may not be:
- re-sold or re-distributed in any material form;
- stored in any storage media; or
- re-transmitted in any media, without our prior written consent.
2. Links to other websites
2.1 The Website may contain links to sites on the internet owned and operated by third parties and which are not under our control.
2.2 In relation to the other sites on the internet, which are linked to the Website, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does
not imply any endorsement by us of the contents of the linked site; and - is not responsible for the material contained on those linked sites.
3. Disclaimer 1
3.1 We are making the Website available for others to access information and do not assume a duty of care to users. We are not in the business of providing professional advice and we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the internet.
3.2 To the foll extent permitted by law we disclaim any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the
Website or of any linked sites; and - merchantability or fitness for any particolar purpose for any service or product contained or referred
to on the Website or on any linked sites.
3.3 We will not be liable under any circumstances for any loss of profits, or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website or any of the
linked websites; and - using or acquiring, or your inability to use or acquire, the Services or products contained or referred
to on the Website or any linked sites.
4. Disclaimer 2
4.1 We do not warrant, guarantee or make any representation that:
- the Website, or the server that makes the site available on the internet are free of software viruses;
- the functions contained in the Software contained on the Website will operate uninterrupted or are
error-free; and - errors and defects in the Website will be corrected.
4.2 We are not liable to you for:
- errors or omissions in the Software, Website, or linked sites on the internet;
- delays to, interruptions of or cessation of the services provided in the Software, Website, or linked
sites; and - defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
4.3 You agree to accept the foll cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
5. Limitation of liability
5.1 Clause 3 (disclaimer 1) or clause 4 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the foll extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the
following:
- if the breach of an implied warranty or condition relates to services:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied; and
- if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the
goods repaired.
5.2 You indemnify and hold us harmless against all claims, losses, liabilities, damages and expenses arising from your breach of these Terms of Access or your misuse of the Website.
6. Use of personal information gathered
6.1 We and any people or legal entities authorised by us may gather and process the personal information which you may voluntarily provide when accessing the Website, such as your name, address, e-mail address and other personal information about you.
6.2 We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our privacy policy for details of how we collect, store and use your personal information.
7. Termination of access
7.1 We may terminate access to the Software and Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Software and Website.
8. Alteration of Terms of Access
8.1 We reserve the right to change these Terms of Access:
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
9. Intellectual property rights
9.1 All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and coold resolt in criminal or civil penalties.
10. Your consent
10.1 By using our Website and Software, you consent to these Terms of Access.
11. Definitions
11.1 In these Terms of Access, unless the context otherwise requires:
- Services means the products, features, content, technology and services we make available through the Platform, including security of strictly confidential documentation.
- Software means the verification platform accessed through the Website or mobile application that provides digital security.
- Terms of Access means these terms and conditions.
- Website means https://lokpaydigital.io/
12. Interpretations
12.1 In these Terms of Access, unless the context otherwise requires:
- Headings and subheadings are for convenience only and do not affect interpretations.
- The singolar includes the plural and vice versa.
- A reference to a person includes an individual, corporation, partnership, trust, unincorporated body, government or government agency.
- Use of the word ‘including’ or similar expressions is not to be construed as limiting.
- A reference to any legislation, regolation, code or standard includes amendments, consolidations, replacements or re-enactments from time to time.
- If there is any conflict between these Terms of Access and any applicable law which cannot lawfolly be excluded, modified or contracted out of, the applicable law prevails to the extent of the inconsistency.
13. General
- If any provision of these Terms of Access are held to be invalid, unlawfol or unenforceable, that provision must be read down to the extent necessary to make it valid or enforceable. If it cannot be read down, it is to be severed from these Terms of Access, and the remaining provisions will continue to
operate with foll force. - These Terms of Access is governed by and must be construed in accordance with the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
- Any failure or delay by us to exercise a right or remedy under these Terms of Access do not operate as a waiver of that right or remedy. A waiver of any right or remedy under these Terms of Access only effective if given in writing by us.
- These Terms of Access, together with any other terms, notice or policies referred to within, constitutes the entire agreement between you and us regarding the collection, use and handling of your personal and business information and supersedes any prior agreements, understandings or interpretations relating to that subject matter.
- We may assign or transfer our rights or obligations under these Terms of Access to a related body corporate or in connection with a corporate restructure, merger, acquisition or sale of assets. You may not assign your rights or obligations without our prior written consent.