The GLlinx services offered on this website (“Services”)
and provided by PINBank Group Inc. (PINBank) are subject to the following Terms
and Conditions. By visiting this website
(Website”) You (“You” or the “User”) accept these
Terms and Conditions and the terms and conditions of PINBank's
bound by them. If You
do not agree to these terms, then please do not use the GLlinx Website. PINBank
reserves the right to change or amend these Term and Conditions or Privacy
Policy at any time and to notify You by posting an
updated version of the Term and Conditions on this Website. The amended Terms
immediately upon posting.
1. NO ACCESS TO
(a) There are important differences between GLlinx
and your mobile and fixed-line telephone and SMS services. GLlinx does not
provide access to emergency services or emergency services providers, including
the police, fire departments, or hospitals, or otherwise connect to public
safety answering points. You should ensure you can contact your relevant
emergency services providers through a mobile, fixed-line telephone, or other
(a) Intellectual Property Rights of PINBank. The Services including
any software programs available on or through the Website (collectively, the "Contents")
are owned by PINBank and/or
its licensors and are protected by applicable domestic
and international copyrights, trademarks, service marks,
patents or other proprietary rights and laws. You are strictly
prohibited from and shall not record, copy, distribute, publish, perform,
modify, download, transmit, transfer, sell, license, reproduce, create
derivative works from or based upon, distribute, post, publicly display, frame,
link, or in any other way exploit any portion of the Contents, in whole or in
part. Any rights not expressly granted to You are
reserved. Any violation of copyright laws may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
License by PINBank. PINBank grants You a
limited license to use the Services only as permitted herein and subject to
these Terms and Conditions. As a condition of your
use of the Contents, you agree not to use the Contents for any purpose that is
unlawful or prohibited by these Terms and Conditions. You also agrees to abide by all applicable local, provincial,
federal, state, national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your account or
password, including the content of your transmissions.
Property Rights of User. The information and contents that you submit as part of the
registration process or through your use of the Services are owned by you and
your licensors, and PINBank does not have any claims of ownership thereto. You hereby represent and warrant that you
have all necessary rights to such information and contents.
License by User. You hereby grant to PINBank a limited worldwide,
non-exclusive, royalty-free, transferrable license to use, reproduce,
distribute, display the information and content that you upload, submit, send
or receive through the Services for the specific purpose of allowing PINBank to
operate and provide the Services (such as displaying your profile picture and
on-line status, transmitting your messages, storing your undelivered messages,
etc). Any rights not expressly granted to PINBank are reserved
on Use. You may not: (a) reverse
engineer, decompile, translate, adapt, or disassemble the Services nor shall
You attempt to reconstruct or discover any source code, underlying ideas,
algorithms, file formats or programming interfaces of the Services by any means
whatsoever (except and only to the extent that applicable law prohibits or
restricts reverse engineering restrictions, and then only with prior written
notice to Licensor); (b) send, store, or transmit
viruses or other harmful computer code through or onto our Services; (c) gain
or attempt to gain unauthorized access to our Services or systems; (d)
interfere with or disrupt the integrity or performance of our Services; (e)
collect the information of or about other users in any impermissible or
unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h)
distribute or make our Services available over a network where they could be
used by multiple devices at the same time.
3. PRICING, PAYMENT AND CURRENCY
Pricing. GLLinx Services are
available at different price
points as advertised on the Website. We reserve the right to change the pricing at any time.
Pay as You Talk Plan. If You choose our
“Pay as You Talk” Plan, You will only pay for the minutes of talk time that
You use, at the then current rate for each of Your calls’ destination as
set forth on the Website. You will be required to purchase talk times by adding
funds to Your prepaid account. Once You have added
funds to Your prepaid account, You will be able to call anywhere in the world at
low per minute rates. You understand and agree that prepaid funds will
expire two (2) years after Your last use.
Countries Plan. The “10 Countries Plan” is a
subscription-type plan. If You choose
our “10 Countries Plan”, You can call the ten (10) pre-determined countries as
listed on the Website, for up to a maximum of 1000 minutes per month, for the
low monthly fee indicated on the Website. Pricing for 10 Countries Plan
as well as the list of available countries may change without notice.
Countries Plan. The “50 Countries Plan” is a
subscription-type plan. If You choose our “50 Countries Plan”, You can call the
fifty (50) pre-determined countries as listed on the Website, for up to a
maximum of 1000 minutes per month, for a low monthly fee indicated on the
Website. Pricing for 50 Countries Plan as well as the list of available
countries may change without notice.
Calls to other GLLinx Users. Call between GLlinx users are free of charge. Data usage charges may apply and You are encouraged to check with Your provider.
Recurring Fees. For
subscription-based plans, the
first month's subscription must be paid in advance. Thereafter, monthly
subscriptions will be charged automatically until You cancel your
subscription (which You may do pursuant to Subsection (h) below) or until your
subscription is cancelled by PINBank.
Methods. For all purchases of GLlinx Services,
payments must be made by means of a valid GLlinx voucher. Vouchers are sold at participating retailers
Deactivation of Subscription
Plans. Subscriptions may be deactivated prior
to the beginning of the next billing cycle through the deactivation process set
forth through your App once you log in. Deactivations
cannot be accepted for billing cycles that have already begun. The GLlinx
Services are designed to be used by one phone number and for voice services
only. Any misuse of service will result in termination of Your Services.
Currency. All pricing and charges shown in this
document are in Canadian currency.
4. USE OF THE
WEBSITE AND THE SERVICES
(a) Third-Party Content and Websites. The Website may contain links to websites that
are not owned or controlled by PINBank. PINBank assumes no responsibility for
the content, privacy policies, or other practices of third-party websites. You
are encouraged to read the terms and other policies of such websites. By using
the Website, You agree that PINBank shall not be liable in any manner due to
your use of any third-party contents or website. In
addition, PINBank will not and cannot censor or edit the content of any
third-party site. By using the Website, You expressly relieve PINBank from any
and all liability arising from your use of any third-party website.
Transmission of Personal
Data. You acknowledge and agree that by providing PINBank with any
personal or proprietary user information through the Website, you consent to
the transmission of such personal or proprietary user information over
international borders as necessary for processing in accordance with PINBank's standard business practices.
No Commercial Use. The Services are for personal use only and any
unauthorized commercial use of Services is strictly prohibited. Furthermore, You
shall not use the Services for mass communication purposes such as bulk
messaging, auto-messaging, auto-dialing, or the like.
and Account. When registering your
account, You must provide accurate and complete information
as requested, including your current mobile phone number. You agree to receive text messages and phone
calls (from us or our third-party providers) with codes to register the GLlinx Services.
Book. You agree to provide
us the phone numbers of contacts in your mobile phone address book on a regular
basis to allow us to provide our Services.
and Software. You understand and agree that You must
provide certain devices, software, and data connections to use the GLlinx Services
as these are not otherwise supplied by PINBank. So long as you use the GLlinx Services,
you consent to downloading and installing updates to our Services.
(g) Username/Password. PINBank may issue You
(or you may choose) a username and/or password for access to the Services. You
must hold and secure any such username or password as strictly confidential.
Accordingly, You shall not allow friends, family,
business associates or other persons access to or use of such username or
password. PINBank shall not be responsible whatsoever in the event that your
password is misappropriated by a third party. You must notify PINBank immediately of any
breach of security or unauthorized use of your account. Although PINBank will
not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses incurred by PINBank or
others due to such unauthorized use. Access to and
use of password protected and/or secure areas of the Services is restricted to
authorized users only. Unauthorized individuals attempting to access these
areas of the Services may be subject to prosecution.
(h) Use of "Cookie" File Features. PINBank reserves the right to store
information on a user's browser in the form of a "cookie" or similar
file for purposes of modifying the Website to reflect users' preferences. The PINBank
(i) Data Usage and Third Party Fees.
You shall be responsible for all carrier data plan and other third party
fees and taxes associated with your use of GLlinx Services.
(j) Unauthorized Use of GLlinx Services. You
shall not use or obtain the Service in any manner that is contrary to or avoids
PINBank policies and procedures, including in an illegal or improper manner. Furthermore, You shall not use the Services
in any way that (i) is against any applicable laws;
(ii) is in violation of the rights of PINBank or any third party; (ii) is indecent,
deceptive, defamatory, libelous, harassing, fraudulent, obscene or pornographic
material, hate speech
You shall notify us immediately, in writing or by calling our customer support
line, if you become aware at any time that your Service is being stolen,
fraudulently used or otherwise being used in an unauthorized manner.
OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
General. By using the Website and the Contents, You
expressly agree that such use is at your sole risk. The Website and the
Contents are provided on an "AS IS" and "as available"
basis. Neither PINBank nor its affiliated entities nor each of their respective
officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, sponsors, licensors or the
like (collectively, "Affiliates") warrant that use of the Website or Contents
will be uninterrupted or error-free or free from viruses, security breaches or
Neither PINBank nor its Affiliates warrant the accuracy, integrity, usefulness or
completeness of the Contents offered for sale on the Website. Those who choose to access this Website and
the Services do so at their own risk and are responsible for compliance with
any and all local laws, if and to the extent such local laws are applicable.
PINBANK DOES NOT CONTROL,
AND IS NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OTHER USERS OF THE SERVICES
USE THE SERVICES OR THE FEATURES, SERVICES, AND INTERFACES THAT THE SERVICES
PROVIDE. PINBANK IS NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE
ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OTHER USERS OR OTHER THIRD
PARTIES. YOU HEREBY RELEASE US AND OUR AFFILIATES (AS DEFINED IN SECTION 4(a)
ABOVE, FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE AND DAMAGES,
KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
ANY SUCH CLAIM YOU MAY HAVE AGAINST ANY THIRD PARTIES.
PINBANK AND ITS AFFILIATES
DO NOT MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES SOLD THROUGH THE WEBSITE.
PINBANK NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU PURSUANT TO YOUR USE OF THE SERVICES
OR THE TERM OF THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO THE GREATER OF THE
AMOUNT PAID TO PINBANK PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH
PRECEEDING THE TIME THAT THE CAUSE OF
ACTION AROSE, AND ONE HUNDRED U.S.
ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES
WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC
EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS
(e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS,
THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PINBANK
CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE
WITHOUT WAIVING THE
EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PINBANK AND ITS AFFILIATES SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
agree to defend, indemnify and hold harmless PINBank and its Affiliates from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees)
arising from: (i) your use of and access to the Website or Contents; (ii) your
violation of any term of these Terms and Conditions; (iii) your violation of
any third party right, including without limitation any copyright, property, or
privacy right. These defense and indemnification obligations will survive these
Terms and Conditions and your use of the Services or Website.
6. GENERAL TERMS
(a) Notices. Notices by PINBank to You may be given by means of a
general posting at the Website. Notices (including questions, complaints, or
legal notices) by You may be given by electronic messages or conventional mail,
as follows: (i) Electronic mail (e-mail) must be sent to support@GLlinx.com; (ii)
Mail and courier deliveries must be sent to: PINBank Group Inc 180 West Beaver Creek Road, Richmond Hill,
Ontario L4B 1B4 Canada.
Agreement. These Terms and
Conditions constitute a written agreement between You
and PINBank. A printed version of these Terms and Conditions, and of any notice
given in electronic form related to this agreement, shall be admissible in
judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records
originally generated and maintained in printed form. Furthermore, You hereby waive
any and all defenses You may have based on the electronic form of these Terms
and Conditions and the lack of signing by the parties hereto to execute these
Terms and Conditions.
Agreement. These Terms and
Conditions constitute the entire agreement between You and PINBank related to this Website. These Terms
and Conditions supersede all prior written, oral, or electronic agreements between You and PINBank relating to this Website.
of Cause of Action. You and PINBank agree that any cause of
action arising out of or related to the Services must commence within one (1)
year after the cause of action arose or be forever barred.
to Accept Terms of Service. You
affirm that You are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website
is not intended for children under 13. If You are
under 13 years of age, then please do not use this Website.
(f) Assignment. You
may not assign your rights and obligations hereunder. However, PINBank's
rights and obligations are fully assignable.
(g) Modifications. PINBank has the right to modify these Terms
and Conditions and any policies affecting the Website. Any modification is effective immediately
upon posting to the Website. Your continued use of the Website shall be
conclusively deemed an acceptance of all such modification(s). Your only right
with respect to any dissatisfaction with any modifications made pursuant to
this provision, or any policies or practices of PINBank in providing the
Website, including without limitation (i) any change in the Content, or (ii) any
change in the amount or type of fees associated with the Services, is to cancel
your subscription in accordance herewith.
PINBank has the right to modify, suspend or discontinue the Website or
any portion thereof at any time. PINBank may also impose limits on certain
features and services or restrict your access to parts or all
of the Website without notice or liability.
Waiver and Severability.
The failure of either party to exercise or enforce any
right or provision of these Terms and Conditions shall not constitute a waiver
of such right or provision. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms and Conditions shall
continue in full force and effect.
policy to respect the privacy of our users.
Please click on the
pages to view our policy.
(j) Access to Your User Account.
agree that PINBank may access your user account where necessary.
Acceptance. Your receipt of an
electronic or other form of order confirmation does not signify PINBank's acceptance of your order, nor does it constitute
confirmation of our offer to sell. PINBank reserves the right at any time after
receipt of your order to accept or decline your order for any reason
whatsoever, with no liability whatsoever.
terminate your access to any part or all of the Services at any time, if PINBank
decides in its sole and absolute discretion for any reason whatsoever to do so,
without any liability to You. If PINBank terminates
your subscription based on a breach of any portion of these Terms and
Conditions, PINBank reserves the right to refuse to provide Services to You in the future. All provisions of this Agreement which by
their nature should survive termination shall survive termination,
including, without limitation, Section 2 “Intellectual Property Rights”; Section
4 “Disclaimers of Warranty, Limitation of Liability and Indemnification”; and
certain subsections of Sections 5, “General Terms”.
(m) Violations. PINBank reserves the right
to seek all remedies available at law and in equity for violations of these Terms
and Conditions, including but not limited to the right to block access from a
particular Internet address to the Website.
Arbitration. Any dispute or disagreement of any kind
between You and PINBank shall be resolved by binding
arbitration in accordance with the laws of the province of Ontario and the then
current Rules of Procedure for Commercial Arbitration of the ADR Institute of
Canada, Inc. (www.amic.org)
(“Institute”). The arbitration tribunal shall consist of one arbitrator chosen
by the parties from a slate of three (3) proposed arbitrators provided by the
Institute. If the parties are unable to agree on the arbitrator within seven
(7) days after receipt of the slate provided by the Institute, the Institute
shall appoint the arbitrator. The decision of the tribunal shall be final and
binding and no appeal shall lie therefrom. The tribunal shall have the power to
order one party to contribute to the reasonable costs and expenses of the other
party, or to pay all or any portion of the costs of the arbitration, as the
panel determines in its discretion.
Law/Forum Selection. These Terms and Conditions
are governed by the laws of the Province of Ontario to contracts made and
performed solely in the Province of Ontario, without regard to conflict of laws
© 2019 PINBank. All Rights Reserved.