This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
“Lonak” means the service as described below (including all applications and website) and/or the provider of this service, JAN ENGINEERING GROUP OÜ (referred to as “we”, “our” or “Lonak”, “Lonak.com” hereinafter).
1.2. You may not use the Services and may not accept the Terms if (1) you are not of legal age to form a binding contract with Lonak, or (b) you are not permitted to receive any Services under the laws of Estonia or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3. You acknowledge and agree that Lonak may amend any Terms (including additional policies/agreements of Lonak Services such as Lonak Platforms Affiliate Program Policy) at any time by posting the relevant amended and restated Terms on Lonak. By continuing to use the Services or the Lonak, you agree that the amended Terms will apply to you.
1.4. You may be required to enter into a separate agreement, whether online or offline, with Lonak or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- PROVISION OF SERVICES
1. Lonak contracting entity that you are contracting with is Jan Engineering Group OÜ / Estonia. You must register as a member on Lonak in order to access and use some Services. Further, Lonak reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Lonak may impose in our discretion.
2.2. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Lonak may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.3. Lonak may change, upgrade, launch, impose conditions to stop or suspend any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in using that Service.
2.4. Some Services may be provided by Lonak’s affiliates on behalf of Lonak.
- SUBJECT FOR USING LONAK
1. Lonak is a service that pursues the aim of improving and simplifying the user’s business life by providing a wide variety of applications. Lonak focuses both on professional and private domains.
3.2. Social Network is core application of Lonak. Profile Page created by User on Social Network (herein after referred as “User Profile” and “Company Profile”) represents the identity of User (personal or company) within Lonak and Services. Each User needs a profile that is visible on Social Network.
3.3. Company Profile is a profile page which is being managed by Authorized Users of Member company (hereinafter “Authorized User”). Member Authorization of a User can be done with master account (account which is created by Member Company) or Authorized Users as Admin (hereinafter referred as “Admin User”).
3.4. Lonak provide the user with new opportunities (generally within a professional context, but also within a private context), facilitates for the user to form networks, democratise information, exchange of information, and promote learning. Lonak collects information in order to provide the user with certain information, offers, recommendations and services, and to promote interaction within the user’s network. This takes place in line with the user’s privacy settings and declarations of consent.
3.5. Social Network provides the user with various options to present themselves with a personal user profile and to present its activities on Lonak and, where applicable, outside of Lonak, and to interact with other users and, where applicable, with third parties in real time.
3.6. A user who registers with Social Network initially becomes a free member of Lonak.
3.7. Users and Member Companies have the option of switching its free membership to a paid membership on Lonak (paid membership on Lonak is hereinafter referred to as “Plus Member” for personal accounts and “Company Plus Member” for companies, “Paid Membership” for both personal and company accounts). In contrast to free membership, Paid Membership provides a number of additional and advanced features. Free membership and Plus membership will hereinafter be collectively referred to as “Lonak membership”.
3.8. If Lonak offers User the option to book one or more free or paid third-party supplementary services, User shall enter into separate agreements with the respective third party that have no legal connection to the user's Lonak membership. The amendment, discontinuation, other termination or exchange of such third-party services or any default of performance thereof in relations between the user and third party does not have any impact on the contractual relationship between Lonak and the user in terms of the user's Lonak membership. The terms and conditions and privacy policies of the respective third parties, who are also the contractual and contact partners of the user, apply to all third-party supplementary services.
- OBLIGATIONS FOR USING LONAK
1. User shall not upload viruses or other malicious code.
4.2. User shall not use Lonak to do anything malicious, discriminatory, unlawful or misleading.
4.3. User shall not facilitate or encourage any violations of this Statement or our policies.
4.4. User shall not harrass, intimidate, or bully any user.
4.5. User shall not solicit login information or access an account belonging to someone else.
4.6. User shall not post unauthorized commercial communications (such as spam) on Lonak.
4.7. User shall not operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
4.8. User shall not send chain letters.
4.9 User shall not engage in unlawful multi-level marketing, such as a pyramid scheme/ponzi scheme, on Lonak.
4.10. User shall not collect users' content or information, or otherwise access Lonak, using automated means (such as harvesting bots, robots, spiders, or scrapers).
4.11. User shall not do anything that could overburden, disable, or impair the proper working or appearance of Lonak, such as a denial of service attack or interference with page rendering or other Lonak functionality.
4.12. User shall not use any pornographic, abusive, immoral or violence-glorifying, threatening, hate speech materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors.
4.13. User shall not use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law
4.14. User shall not send flood posts.
4.15. User shall not communicate in any insinuating or sexual way (suggestive or explicit).
4.16. User shall not post anyone's identification documents or sensitive financial information on Lonak.
4.17. User shall not tag users without their consent.
4.18. User shall not use an image that is his/her likeness or a head-shot photo for user profile.
4.19. Create a false/fake identity on Lonak. The occasional creation of clearly fictional profiles by Lonak or with its express permission in connection with a promotional campaign does not waive this obligation.
4.20. User shall not mispresent his identity, position, skills, affiliations with a person or an entity.
4.21. User shall not use or attempt to use another's account.
4.22. User shall not use Lonak invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact.
4.23. User shall not create profiles or provide content that promotes escort services or prostitution.
4.24. User shall not decompile, disassemble, decipher, reverse engineer or otherwise attempt to derive the source code for Services or any related technology that is not open source.
4.25. User shall not sell, re-sell, rent, trade, loan, lease access to the Services or related data.
4.27. User shall not remove, cover or obscure any advertisement included on the Services.
4.27. User shall not use any automated methods to access the Services, add or download contacts, send or redirect messages.
4.28. User shall not monitor the Services’ availability, performance or functionality for any competitive purpose
4.29. User shall not override any security feature of the Services;
4.30. User shall comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
4.31. User shall provide accurate information and keep all information up to date;
4.32. User shall use real name on your profile;
4.33. User shall carry on your activities on the Sites in compliance with any applicable laws and regulations;
4.34. User shall use real company name and information on company profile;
4.35. User shall conduct your business transactions with other users Lonak in good faith;
4.36. User shall use Lonak in a professional manner.
4.37. User shall carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- TRANSACTIONS BETWEEN USERS
1. Lonak.com provides electronic platforms for exchanging information between buyers and sellers of products and services. Lonak.com additionally provides electronic web-based transaction platforms for Users to accept, place, manage, conclude and fulfill orders for the provision of products and services online within Lonak.com. However, for any Services, Lonak.com does not represent either the seller or the buyer in specific transactions. Lonak.com does not check and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on Lonak.com or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
6.2. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Lonak or the Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using Lonak. Such risks shall include, but are not limited to, mis-representation of products and services, unsatisfactory quality, fraudulent schemes, defective, failure to meet specifications or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Lonak.com may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Lonak.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.3. User agrees to provide all information and materials as may be reasonably required by Lonak. com in connection with your transactions conducted on, through or as a result of use of Lonak. Lonak .com has the right to suspend, deactivate or terminate any User’s account if User fails to provide the required information and documents.
6.4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use Lonak and Services, including, without limitation, terms regarding warranties, shipping, insurance, payment, returns, fees, taxes, permits, handling, transportation, storage, title, licenses and fines.
6.5. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Lonak.com (and our agents, affiliates, directors, officers and employees) from all proceedings, costs, expenses claims, demands, actions, and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
6.6. Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Lonak.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on Lonak. However, Lonak.com cannot and does not confirm each User's purported identity (including, without limitation, paid Users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. Being a verified member at Lonak does not mean that User is trustable. Verification only means that User’s name and Company’s name is correct according to supplied documents by User. Supplied documents may not be correct as well. In this case Lonak is not liable to control each document’s accuracy.
6.7. Transactions which has been completed/placed via Third party escrow services at Lonak are subject to the Third Party Escrow Payment Terms as well. Lonak is not responible to follow transactions which are done by Third party escrow services. Any dispute or request should be directly sent to Third party Escrow Services.
- PAYMENTS AND REFUND POLICY
1. If you buy any of our paid Services (personal subscriptions, enterprise subscriptions, ads, featuring products and job posts, credits, featuring users and resumes and all other paid services) you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that: our purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
7.2. We and 3rd party credit card processors that we use, may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
7.3. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel a subscription from FAQ pages.
7.4. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
7.5. Plus Membership, Company Membership, Personal Identity Verification, Company Verification and LonakTrust services are non-refundable. All of this subscription types start with a manual verification process which is completed in 24-72 hours. This services allows access to logistics exchange, buying leads, data of company database and more. For many cases, even one day usage may be enough to collect data, customers and jobs at Lonak. A User / Member Company can take advantage of listed business opportunities and prevent our paid members to get benefit. Once manual controls completed and subscriptions are enabled, you shall not request a refund.
7.6. For Users in European Union: If you buy Lonak Credits to use for Services, you may request refund in 14 days. All expenses to refund will be deducted from your funds (chargeback fee, bank transfer fee, ..). If you deactivate/delete your account when you have Lonak Credit balance, we will be able to refund only the amount which is bought within last 14 days.
7.7. ALL SUBSCRIPTIONS WILL, UNLESS WE RECEIVE NOTICE FROM YOU TO THE CONTRARY, RENEW AUTOMATICALLY AT THEIR EXPIRY FOR A ONE YEAR TERM AT THEN CURRENT RATES. If at any point you do not wish to have your subscription automatically renewed, you may cancel it without penalty before the end of the subscription term. For each subscription renewal, Lonak will charge or debit the payment method you originally used to make the purchase. If your credit card expires or your payment method is otherwise invalid, Lonak reserves the right to immediately terminate and/or fail to renew your subscription. Lonak will notify you that the payment method failed, and allow you to update or change your payment method and either permit you to keep your subscription running or require you to start a new subscription.
- THIRD PARTIES AND CONTENT
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos, banners, advertising materials and other content materials, displayed on Lonak.com is provided or posted by third parties or other Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, User, and not Lonak.com, is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by Lonak.com.
Users must be aware that messages or information sent by other Users through communication systems provided by Lonak or through emails and fax or letters to addresses obtained from Lonak.com is out of Lonak's control and monitoring ability and so User acknowledges that Lonak.com can not be held responsible or liable for the content of these messages and information. The message sender shall be responsible for the content of all the messages communicated, as well as the consequences of any such message.
Users acknowledge and agree that by using the features, products and services provided in Lonak.com, a user may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Lonak.com be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by Lonak.
- REGISTRATION AND MEMBERSHIP
1. Certain of the products and services will require the user to register. A User must fill out some online registration forms to become a User of Lonak.com. These forms contain information about the user and its company such as name, address, contact information, details of business, etc. As registering for Lonak, you (User) agree that; you have provided true, accurate, valid and complete information about yourself or company you represent and you also agree that you will promptly update the member information to keep it true, accurate, valid, and complete when changes occur. Users may edit, update or alter their personally identifiable information at any time by using the tools provided by Lonak.
9.3. All information given through registrations becomes the exclusive property of Lonak.com and its subsidiaries. By becoming a User, you consent to the inclusion of your personal data in Lonak.com's database and authorize Lonak.com to share such information with other Users and Members. Lonak.com reserves the right to use and reuse all registration and other personally identifiable user information.
9.5. Members may be allotted some telecommunication means including but not limited to email account, audio or visual meeting facilities, making inquiries, etc. The member shall not use these facilities for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, abusive, threatening, harmful, vulgar, indecent, obscene or otherwise objectionable material of any kind. User acknowledges that Lonak.com may and has the authority to refuse registration and deny the issuance of Member ID and Password to any User for whatever reason.
9.6. By filling out registration forms, a member is assigned a unique Member ID among member IDs and a password the member chooses for logging in its account. Members are responsible for maintaining the confidentiality of the member ID and password, and are fully responsible for all activities that occur under that member ID or password. So you must ensure that you exit (log out) from your account at the end of each session. Lonak.com cannot be and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Disclaimer of Warranties & Limit of Liability
com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on this web site. Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice.
User expressly understands and agrees that the use of the features and services of this web site is at User's own risk. Lonak.com cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. Also, any material or information downloaded or otherwise obtained through Lonak.com is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
Lonak.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Lonak.com makes no warranty that (a) the features, products and services provided by Lonak.com will meet User's requirements, (b) The service will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of the services will be accurate or reliable, (d) The quality of any products, services, information, or other material purchased or obtained by User through the features and services of this Site will meet User's expectations.
User expressly understands and agrees that Lonak.com shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from; (a) the use or the inability to use Lonak.com (b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through Lonak.com (c) Unauthorized access to or alteration of any User's transmissions, data or private information by third parties (d) statements or conduct of any User of Lonak.com (e) any material, data or information posted by third parties.
Further, Lonak.com makes no representations whatsoever about other web sites which you may access through this one. When a User accesses a web site other than Lonak.com, User acknowledges and understands that it is independent from Lonak.com, Lonak.com has no control over the content on that web site, and that a link to other web site does not mean that Lonak.com endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
IN NO EVENT WILL LONAK.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE.
INFORMATION, FEATURES, PRODUCTS AND SERVICES ON LONAK.COM SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
- DISPUTE AND RESOLUTION
If you live in the European Union: You agree that the laws of Estonia, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in Tallinn, Estonia, and we each agree to personal jurisdiction of the courts located in Tallinn, Estonia.
For all others, including those who live outside of the European Union and Estonia, you agree that the laws of Estonia, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in courts Tallinn, Estonia, and we each agree to personal jurisdiction in those courts.
All notices or demands to or upon Lonak.com shall be effective if in writing and shall be duly made when sent to Lonak.com in the following manner: to Lonak.com Jan Engineering Group OU Pikk 7-17 Kesklinna, Harju County, Tallinn Estonia 10123, Attn: Legal Department.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Lonak.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
Lonak.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b. immediately upon Lonak.com's posting such notice on an area of the Site that is publicly accessible without charge.
- FORCE MAJEURE
In no event shall Lonak be held liable or responsible for any disruption, failure or delay of the content or services delivered through Lonak resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, strikes, labor disputes, go slows, lock outs, riots, commotion, insurrections, civil disturbances, shortages of labor or materials, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, fires, flood, storms, explosions, contamination by radio activity from any nuclear fuel or from any nuclear waste from combustion of nuclear fuel, radio-active toxic explosive, acts of God, rebellion, revolution, insurrection, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- GENERAL TERMS
If a court with authority over this Contract finds any part of it not enforceable, User and Lonak agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, User and Lonak agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
PAYMENTS AND REFUND POLICY
If you buy any of our paid Services (personal subscriptions, enterprise subscriptions, ads, featuring products and job posts, credits, featuring users and resumes and all other paid services) you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
our purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
e and 3rd party credit card processors that we use, may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
f you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel a subscription from FAQ pages.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Plus Membership, Company Membership, Personal Identity Verification, Company Verification and LonakTrust services are non-refundable. All of this subscription types start with a manual verification process which is completed in 24-72 hours. This services allows access to logistics exchange, buying leads, data of company database and more. For many cases, even one day usage may be enough to collect data, customers and jobs at Lonak. A User / Member Company can take advantage of listed business opportunities and prevent our paid members to get benefit. Once manual controls completed and subscriptions are enabled, you shall not request a refund.
If you buy Lonak Credits to use to use for services, you may request refund in 14 days. All expenses to refund will be deducted from your funds (chargeback fee, bank transfer fee, ..). If you deactivate/delete your account when you have Lonak Credit balance, we will be able to refund only the amount which is bought within last 14 days.
POLICY OF LONAK PLATFORMS (AFFILIATE PROGRAM)
Lonak’s Affiliate Program (referred to as “Lonak Platforms”, “Partnership Program”) offers eligible Users (referred to as “Platform Owner”), the opportunity to earn commissions on qualifying sales that originates from subscribed users and companies which registered at Lonak via invitations/suggestions from Platform Owner, and also users/companies determined by Lonak . This Terms of Lonak Platforms explains you rights and responsibilities when participating in Lonak’s Affiliate Program. Lonak Platforms is a free affiliation program only for Verified Users. Lonak never asks for investment, fee to enable Lonak Platforms for a User. Any payment to Lonak for services of Lonak (for example: Lonak Plus Memberships, Company Membership Packages, Advertising, …) cannot be related to opening Lonak Platforms.
- ELIGIBILITY AND ENROLLMENT
Prospective Users must apply and be approved by Lonak in order to gain access to the Lonak Platforms. Users must have a verified account at Lonak.
Prospective Users are evaluated based on criteria such as country and alignment with Lonak’s values. Lonak Platforms is available only for Users from countries which have not any sanctions or limitations from European Union. Lonak is free to decides the countries where Lonak Platforms Program can work.
Participation in the Lonak Platforms Program may be limited to Users located in certain countries and is void where prohibited by law. Lonak reserves the right to approve or reject any application to join Lonak Platforms Program for any reason.
- USAGE, LIMITATIONS, LIABILITIES
By participating Lonak Platforms Program, you are agreeing that you completely understand and agree;
Lonak Platforms is a free commission sharing program which is only for verified personal Users of Lonak.
Paying for a Lonak Plus Membership is not paying for Lonak Platforms and it doesn’t guarantee that you will become a Platform Owner. Lonak Platforms is completely free for Verified Users.
Lonak Platforms shares commissions from revenues that generated from some of Lonak services (such as memberships, advertisements, featuring posts).
Lonak is free to decide which revenues can be shared.
Lonak Platforms is not an investment tool.
Lonak Platforms is not an unlawful marketing scheme. Lonak is against to such activities.
Lonak Platforms doesn’t force Users to sell anything on behalf of Lonak.
Lonak Platforms is not a multi level marketing system and Lonak is free to decide amounts to be shared, and free to decide which Users are able to participate Lonak Platforms.
Lonak Platforms is an advanced commission sharing system.
You agree that you haven’t paid to become a Lonak Platform Owner.
If you get your account verified, after buying Lonak Plus membership. You understand that you paid for Lonak Plus membership which gives your account many capabilities like “sending messages to users that doesn’t accept messages from unverified users”, “connecting users who do not want to be connected to unverified users” and more. You agree that you understand that Plus Membership is another service/product of Lonak and payment for Plus Membership doesn’t guarantee that you will be a Platform Owner.
Lonak is not a money transfer company.
Lonak is not a digital wallet.
Lonak decides which payment methods to use for sending commissions to users. If User doesn’t have opportunity to get paid by payment methods preferred by Lonak; Lonak is free to cancel commissions and Lonak Platforms of User.
Commissions/revenues from Lonak Platforms cannot be transferred between users.
User doesn’t have any rights of any data of users/companies invited, including sales data, any at Lonak. Lonak Platforms doesn’t give User any authorization to access any data that other Users of Lonak can’t access. It doesn’t give any privileges to Lonak Platform Owner. The word “Platform Owner” doesn’t mean that User owns anything apart from a commission agreement at Lonak. Platform Owner means that User has a commission platform. User doesn’t have any rights of data in the program. Invited users / companies are not Platform Owner’s users, members, companies. All Users and Member Companies at Lonak have no contractual relation with Platform Owners.
Platform Owner shall not try to make users / member companies cancel their services or memberships at Lonak.
Commissions of Platform Owner can’t be paid to any other person.
- PROGRAM RESTRICTIONS
Platform Owners that violate any of the following program restrictions may be suspended or removed from Lonak Platforms Program and may not receive commissions, in Lonak’s sole discretion:
Platform Owners are not permitted to bid or appear on searches that include the term “Lonak”;
Platform Owners are not permitted to bid or appear on extended or hybrid searches that include the term “Lonak”;
Platform Owners are not permitted to bid or appear on misspellings or variations of searches that include the term “Lonak”;
Platform Owners are not permitted to use Lonak’s trademarks in any paid search activity, including ad text, copy or display URLs;
Platform Owners are not permitted to direct link PPC activity to Lonak.com, this includes using the Lonak.com website as a display URL;
Platform Owners are not permitted to send traffic through automatic redirects on a website page;
Platform Owners are not permitted to use the Lonak name (including misspells and variations) as a sub-domain or sub-folder.
Platform Owner must have only one account.
Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.
Chargeback fee will be deducted from earned commissions.
Platform Owner’s account cannot be sold, rented or used by third parties.
Platform Owner’s account or its features/portfolio can’t be transferred to a third party.
Platform Owner’s account cannot be inherited.
- LIABILITIES, TERMINATION AND MISCELLANEOUS
Lonak and Platform Owner are independent contractors, and nothing in these Lonak Platforms Affiliate Program Terms will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably contradict anything in these Lonak Affiliate Program Terms.
Lonak is not obligated to and shall not provide you with tax and/or legal advice. Lonak undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are responsible for your own sales tax collection and reporting obligations arising from Commission income. If Lonak provides you with information, that information shall not be deemed tax or legal advice, and Lonak shall not be responsible for the accuracy of such information.
You agree that Lonak may identify you as a Lonak Affiliate and may use your name and/or logo solely for such purpose in its marketing materials. Any other uses of your name and/or logo not otherwise described or contemplated herein shall require your prior written consent.
You confirm that you have read, acknowledge and agree to all the terms and conditions of Lonak Platforms Affiliate Program Terms. You acknowledge that you have independently evaluated the desirability of accepting Lonak Platforms Affiliate Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in Lonak Platforms Affiliate Program Terms. Neither party may assign this Agreement without the prior express written permission of the other party.
Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
You shall defend, indemnify and hold Lonak harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys' fees) incurred, claimed or sustained by Third Parties, directly or indirectly as a result of (i) your breach of or non-compliance with this Agreement, (ii) your violation of any law, or an alleged violation of law by Lonak, that is a direct or indirect result of your use of the network service, (iii) your use of the network service, (iv) your participation in any program, (v) any content, goods or services offered, sold or otherwise made available by you to any person, (vi) your acts or omissions in using, displaying or distributing any internet links obtained from the network service or elsewhere, including but not limited to your use of internet links via email distribution, (vii) any claim that Lonak is obligated to pay tax obligations in connection with payment made to you pursuant to this Agreement, and (viii) any violation or alleged violation by you of any rights of another, including breach of a person's or entity's intellectual property rights.
Should any Claim give rise to a duty of indemnification under this Section, Lonak shall promptly notify you, and Lonak shall be entitled, at its own expense, and upon reasonable notice to you, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of your obligations to indemnify or hold Lonak harmless. Platform Owner shall not settle any claim without Lonak prior written consent. You also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this Section. In the context of this section only, the term "Lonak" shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.
Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party’s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
ANY OBLIGATION OR LIABILITY OF LONAK UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR COMMISSIONS PAID TO YOU BY US UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT LONAK SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER AFFILIATE OR ANY THIRD PARTY OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.