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Terms & Conditions

Supplier Terms & Conditions

About these Terms and Conditions

These Terms form a binding contractual agreement between you, the user of the Site and us, Clik Clik Pty Ltd (ACN 154 028 690) (“Clik Clik”).
These Terms and Conditions (“Terms”) govern your access to and use of our website ("Site"), and any information, text, graphics, photos or other materials that you upload to or download from the Site (collectively referred to as "Content").
These Terms also apply to your use of the Site to attract bookings. In particular, your use of the Site for this purpose is governed by clauses 4 and 5 below.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on support@clikclik.com.au.
Your access to and use of the Site is conditional on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Site.
You may use the Site only in compliance with these Terms and all applicable laws.

About the Site

You are responsible for your use of the Site, for any Content you post to the Site, and for any consequences thereof.
The Site is always evolving and the form and nature of the Site may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally.

Conditions of Use

All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of Clik Clik and its licensors.
The intellectual property that underpins the Site is licensed, not sold, to you by us for use only under these Terms (“License”). Clik Clik and its licensors retain ownership of the intellectual property and reserve all rights.
This License will govern any updates provided by us that upgrade, enhance, supplement or replace the intellectual property, unless such an update is accompanied by a separate license, in which case the terms of that license will govern your use.
You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.
Nothing in the Terms gives you a right to use the Clik Clik name or any of the Clik Clik trademarks, logos, domain names, and other distinctive brand features.
You agree to not use the Site to:
(a) advertise services commonly accepted to form part of the "Adult industry" (including but not limited to escort agency work);
(b) upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(e) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or electronic equipment, whether belonging to us or a third party;
(f) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) interfere with or disrupt the software or servers or networks connected to the software, or disobey any requirements, procedures, policies or regulations of networks connected to the software;
(h) intentionally or unintentionally violate any laws of Australia or of any Australian State or Territory.
If, in our reasonable opinion, any of your Content breaches clause 3.6, we may remove it without prior notice to you.
By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.

Use of the Site to attract bookings

You acknowledge that Clik Clik will advertise and promote the services you nominate, at the prices notified by you from time to time, on the Site at Clik Clik’s absolute discretion.
You warrant that the information you provide to Clik Clik regarding your services will be accurate, current and lawful, and you undertake to immediately notify Clik Clik in the case of any information becoming out dated, incorrect, or unlawful.
You warrant that you have the appropriate and necessary insurances, certifications, accreditations or licences necessary to carry out the services that you advertise on the Site. You will provide evidence of any such insurances, certifications, accreditations or licences if reasonably requested by Clik Clik.
Clik Clik will list the services on the Site, such that they are publicly available to consumers.
Clik Clik will, at its absolute discretion, determine the layout, format and content of the Site, including the location of your services and Clik Clik reserves full editorial rights concerning all information to be placed on the Website.
Clik Clik will provide the capability for consumers to make bookings of your services using the Site.
Clik Clik will send regular booking reports electronically to your nominated contact, detailing all bookings for the specified period.
You must check all bookings and advise Clik Clik of any discrepancies against your own records. This includes missing bookings, cancellations and date mismatches.
You will honour all bookings, even in circumstances of a double or over booking.
Where a double or over booking has occurred, you will give priority to a booking received through this Site, over any other order you have received.
If you are unable to honour a booking, you must contact the consumer with an alternative to suit the consumer’s needs.
You licence to Clik Clik any intellectual property rights in photos and information that you provide to Clik Clik for use on the Site.
You warrant that you have the necessary rights and legal authority to enter these Terms and to honour each of your obligations.
You indemnify Clik Clik against any loss or claim by a third party arising out of a breach by you of these Terms.
You agree to comply with the Terms and Conditions that are supplied to consumers who use the Site. A copy of the Terms and Conditions is located here: http://www.clikclik.com.au/terms-conditions/#tab=users.
We are not partners or joint venturers, nor is Clik Clik an agent or employee of yours.

Payment for Site Access

You will pay a monthly fee in advance for access to the Site. The fee entitles you to receive unlimited bookings for your services for the relevant month.
The monthly fee will vary depending on the size of your business, as follows:
  • Small (1-5 staff/resources) = $19 AUD inc GST
  • Medium (6-10 staff/resources) = $49 AUD inc GST
  • Large (11-15 staff/resources) = $89 AUD inc GST
  • Enterprise = Price on application
Additional fees may be payable for additional services provided to you by Clik Clik as notified by Clik Clik from time to time.
You will pay the fee in accordance with Clik Clik’s chosen method of payment.
Your obligation to pay will continue until you notify Clik Clik in writing of your intention to terminate your access to the Site. Such notice can be given prior to the next month’s payment, however no amount paid by you will be refundable.
If you fail to make payment for a specified month, this Agreement is terminated automatically, subject to any further agreement between Clik Clik and you.

Warranties

You represent and warrant to us that you have the legal capacity to enter these Terms.

Privacy

From time to time, we may collect certain information from your use of the Site. Any information that you provide when using the Site is subject to our Privacy Policy.

Password

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.

Indemnity and Release

You agree to defend, indemnify, release from liability and hold harmless Clik Clik (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
(a) your use of and access to, or inability to use or access, the Site;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right.

Limitation of Liability

To the maximum extent permitted by applicable law, Clik Clik and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Site;
(b) any dealings between you and a third party or consumer arising out of your use of the Site;
(c) any failure to pay by a consumer who has booked your services on the Site;
(d) any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(e) any content obtained from the Site; and
(f) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory.
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Site, and these Terms supersede and replace any prior agreements between us and you regarding the Site.
We may revise these Terms from time to time, the most current version will always be available on the Site.

Choice of Law

These Terms will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.

Termination

These Terms terminate automatically if, for any reason, we cease to operate the Site.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

User Terms & Conditions

About these Terms and Conditions

These Terms form a binding contractual agreement between you, the user of the Site and us, Clik Clik Pty Ltd (ACN 154 028 690) ("Clik Clik").
These Terms and Conditions ("Terms") govern your access to and use of our website ("Site"), and any information, text, graphics, photos or other materials that you upload to or download from the Site (collectively referred to as "Content").
These Terms also apply when you make a booking using the Site. In particular, your bookings on the Site are governed by clause 4 below.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on support@clikclik.com.au.
Your access to and use of the Site is conditional on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Site.
You may use the Site only in compliance with these Terms and all applicable laws.

About the Site

You are responsible for your use of the Site, for any Content you post to the Site, and for any consequences thereof.
The Site is always evolving and the form and nature of the Site may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally.

Conditions of Use

All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of Clik Clik and its licensors.
The intellectual property that underpins the Site is licensed, not sold, to you by us for use only under these Terms ("License"). Clik Clik and its licensors retain ownership of the intellectual property and reserve all rights.
This License will govern any updates provided by us that upgrade, enhance, supplement or replace the intellectual property, unless such an update is accompanied by a separate license, in which case the terms of that license will govern your use.
You may not copy, distribute, sell, modify, or create derivative works of the intellectual property or any part thereof.
Nothing in the Terms gives you a right to use the Clik Clik name or any of the Clik Clik trademarks, logos, domain names, and other distinctive brand features.
You agree to not use the Site to:
(a) upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or electronic equipment, whether belonging to us or a third party;
(e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) interfere with or disrupt the software or servers or networks connected to the software, or disobey any requirements, procedures, policies or regulations of networks connected to the software;
(g) intentionally or unintentionally violate any laws of Australia or of any Australian State or Territory.
If, in our reasonable opinion, any of your Content breaches clause 3.6, we may remove it without prior notice to you.
By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.
Stock images have been used for some of our testimonial customers to protect their identity.

Use of the Site to make bookings

When you make a booking using the Site, the following terms and conditions apply in addition to the Terms generally:
(a) Booking Confirmation: We will provide a confirmation of your booking to you and the relevant service provider. You agree to attend at the nominated time and place.
(b) Payment: You agree to pay the service provider when you use the booked services, or at such other time as agreed between you and the service provider.
(c) Changes to bookings: If you want to change any details of your booking, you must contact our Customer Service Centre by emailing to support@clikclik.com.au. We will do our best to assist you, but cannot guarantee that changes can be made. Please note that
(i) bookings with certain service providers, or in certain time periods cannot be cancelled or changed; and
(ii) some service providers may permit cancellations or changes but this may involve that service provider imposing a charge, and this information will be displayed (see cancellation policy) on the relevant service details page and the booking page, which you access prior to making a booking; and
(iii) we may apply an administration charge to all booking changes and permitted cancellations - this amount, if any, will be displayed on the booking page (this is in addition to any cancellation charges imposed by the service provider); and
(iv) If Clik Clik receives notification that you have failed to cancel a booking and do not use the services of a service provider or multiple service providers, then Clik Clik reserves the right to terminate your account.
(d) Site information: We make every effort to ensure all information displayed on the Site is accurate; however, as considerable information is provided by the specific service providers and posted by our customers, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the Site is free of errors or faults. We reserve the right to change information displayed on the Site (including these terms and conditions) at any time without notice to you.

Warranties

You represent and warrant to us that you have the legal capacity to enter these Terms.

Privacy

From time to time, we may collect certain information from your use of the Site. Any information that you provide when using the Site is subject to our Privacy Policy.

Password

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above suggestions.

Indemnity and Release

You agree to defend, indemnify, release from liability and hold harmless Clik Clik (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
(a) your use of and access to, or inability to use or access, the Site;
(b) your violation of any term of these Terms; or
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right.

Limitation of Liability

Without affecting any statutory consumer rights that cannot be lawfully excluded or limited:
(a) we will not be liable for any losses, damages, liability, claims or expenses (howsoever caused, including negligence, and whether direct, indirect or consequential) arising from the use of or connected with the Site or any products or services purchased on the Site, and
(b) we make no warranty or representation as to the fitness or suitability of any product or service displayed on the Site or any linked site.
Where our liability cannot be excluded, to the extent permitted by law such liability is limited to either:
(a) for breach of implied terms, at our option, to resupply the service or the cost of resupplying the service; or
(b) otherwise, to the value of the booking made.
In addition to clause 9.1, and to the maximum extent permitted by applicable law, Clik Clik and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Site;
(b) any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(c) any content obtained from the Site; and
(d) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory.
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the Site, and these Terms supersede and replace any prior agreements between us and you regarding the Site.
We may revise these Terms from time to time, the most current version will always be available on the Site.

Choice of Law

These Terms will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.

Termination

These Terms terminate automatically if, for any reason, we cease to operate the Site.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.