Last updated September 23, 2024

This is an agreement between you and Amazon Commercial Services Pty Ltd (with its affiliates, “Blink”, “we”, or “us”) regarding Blink websites, devices, products, services, and applications (collectively, “Blink Services”).

These Terms of Service and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Blink Services:

• Amazon.com.au Conditions of Use and Sale;  and

• Blink Subscription Plan Terms.

These Terms of Service are “Service Terms” under the Amazon.com.au Conditions of Use, and the Amazon.com.au Conditions of Use should be read in conjunction with these Terms of Service. In the event of a conflict between these Terms of Service and the Amazon.com.au Conditions of Use, these Terms of Service prevail.

By purchasing or using Blink Services, you agree to the Terms, on behalf of yourself and all members of your household and others who use any Blink Services under your account. Please read them carefully. If you do not agree to the Terms, then you may not use any Blink Service and you may return a Blink Device in accordance with the applicable return policy.

For the purpose of these Terms of Service:

“Blink Device” means the Blink hardware products, including, without limitation, Blink devices and related accessories.

“Blink Recordings” means all audio, video, images, or other types of recordings made by Blink Devices or provided to us in connection with Blink Services. 

“Software” means all software or firmware that we make available to you for use of Blink Services, including Blink apps and websites that provide access to video clips, Blink Services, Blink Device firmware and settings, and other information.

PRIVACY
Please review the Blink Privacy Notice and Blink Cookie Policy to understand our practices.

INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow the Notice and Procedure for Making Claims of Right Infringements instructions in the Amazon.com.au Conditions of Use.

YOUR ACCOUNT
You may need your own Blink or Amazon account to use certain Blink Services and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Blink Services are intended for adults and are not directed to children. If you're under 18, you may use Blink Services only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate your rights to use Blink Services, remove or edit content, or cancel orders in accordance with the Amazon.com.au Conditions of Use and Sale.

SOFTWARE TERMS
The following terms (“Software Terms”) apply to any Software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Blink Services.

A. Use of Blink Software.
You may use Blink Software solely for purposes of enabling you to use the Blink Services as provided by us, and as permitted by the Terms. You may not incorporate any portion of the Blink Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Blink Software in whole or in part. All software used in any Blink Service is the property of Blink or its software suppliers and is protected by applicable copyright and other intellectual property laws.

B. Use of Third Party Services.
When you use the Blink Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

C. No Reverse Engineering.
Except to the extent permitted by law, you may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Blink Software, whether in whole or in part.

D. Updates.
From time to time, we may offer automatic or manual updates, upgrades, patches, and other modifications to improve the performance of the Blink Services and/or the Blink Devices or for other reasons.

E. Conflicts.
In the event of any conflict between these Terms of Service and any other Blink or third-party terms applicable to any portion of Blink Software, such as open-source license terms, such other terms will control as to that portion of the Blink Software and to the extent of the conflict.

USE OF BLINK SERVICES

Information Provided To Others.
You are responsible for any information you provide to others using Blink Services. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

Third Party Products. Blink Devices may include third party products that Blink does not manufacture or develop. We may automatically update the firmware for certain of these products on behalf of the applicable manufacturer. Blink has no responsibility or liability for such third party products or manufacturer-provided firmware.

Functionality; Information Purposes Only.
To the extent permitted by law, we do not guarantee that Blink Services, including any notifications or alerts, are accurate, reliable, always available, timely, or complete. Blink Services are provided for informational purposes only. To the extent permitted by law, you agree that Blink is not responsible for any damages caused by the failure or delay of Blink Services, regardless of whether such failure or delay is within Blink’s control. Blink Services do not include a monitored security service or an emergency notification service. You understand that Blink Services do not include the monitoring of emergency notifications nor dispatching of emergency authorities to your home.

Compliance with Law.
You are responsible for ensuring that your Blink Recordings and use of Blink Services comply with any applicable laws, including any laws relating to the recording and sharing of video or audio content involving other people, and any laws requiring notice or consent for video or audio recording. You may not use Blink Services in any manner that does not comply with these Terms. Without limiting the previous sentence, you may not use Blink Services, including to record video, in a manner that is illegal, obscene, defamatory, invades privacy, infringes intellectual property (including publicity rights), or otherwise injures third parties or is objectionable. To the extent permitted by law, Blink is not liable for your use of Blink Services or your Blink Recordings.

Blink Recordings.
Blink Recordings are streamed to the cloud. Blink processes and retains your Blink Recordings in the cloud in accordance with the Blink Privacy Notice, including to provide and improve our products and services. You give us all permissions we need to use your Blink Recordings to do so. These permissions include, for example, the rights to copy your Blink Recordings, modify your Blink Recordings to generate clips, use information about your Blink Recordings to organize them on your behalf, and review your Blink Recordings to provide technical support.

Internet and Wireless Connectivity.
Your Blink Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms, and limitations imposed by your provider.

Availability.
Some Blink Services may be unavailable, vary (by device or geography, for example), or be offered for a limited time. In addition, if your Blink Services require wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Blink Services or other features of your Blink Device. We are not responsible for the unavailability of wireless data services or any corresponding loss of Blink Services.

BLINK SUBSCRIPTION PLANS

When you choose to subscribe to a Blink Subscription Plan, we will automatically receive for storage any Blink Recordings captured by your Blink Devices that are associated with your Blink Subscription Plan. For more information on Blink Subscription Plans, please see the Blink Subscription Plan Terms and Blink Privacy Notice.

GENERAL

Suspensions and Termination.

Your rights under these Terms will automatically terminate without notice if you fail to comply with any of its terms. We may terminate the Terms or restrict, suspend, or terminate your use of Blink Services, including if we determine that your use violates the Terms, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of Blink Services or harms our interests or those of another user of Blink Services. If your use of Blink Services is restricted, suspended, or terminated, you may be unable to access your video clips and, unless required under applicable law, you will not receive any refund or any other compensation. In case of termination, Blink may immediately revoke your access to Blink Services without refund. Blink’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.

Contact Information. For help with your Blink Device, Blink Services, or resolving other issues, please contact Blink Customer Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Without limiting the Disclaimer and Liability terms in the Amazon.com.au Conditions of Use, and unless otherwise required by applicable law, in no event will our or our licensors' or our service providers' aggregate liability with respect to any claim arising from or relating to the Terms or your use of any Blink Service or Blink Device exceed fifty dollars (AUD$50).

DISPUTES

Any dispute or claim relating in any way to the Terms, your use of any Blink Service, or to any products or services sold or distributed by us or through Amazon.com.au is subject to the Applicable Law, Disclaimer and Liability, and all other terms in the Amazon.com.au Conditions of Use.

BLINK SERVICES, MODIFICATION AND SEVERABILITY
We reserve the right to cease providing any Blink Service, or any part thereof, to discontinue any Blink Service, and to make changes to any Blink Service at any time. We reserve the right to make changes to the Terms at any time by posting the changes on Blinkforhome.com, or such other website or application that is used to provide the Blink Services. Where we make a materially adverse change to the Terms or the Blink Services, as reasonably determined by us, we will provide advance notice to you via email or reasonably substitutable means. Your continued use of the Blink Services after the effective date of the revised Terms constitutes your acceptance of the terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.