Hello and welcome to Clickability!

This page outlines the Terms of Use (“Terms”) for using Clickability.com.au.

For the purpose of these Terms Clickability.com.au is referred to as the “Site”. You agree to these Terms when you use Clickability.com.au, so read them carefully before using the Site.

This document is long, so to help, we’ve added a column to the right that gives a short, easy-to-read explanation of the Terms on the left! The column on the right is just a summary though, and not legally binding.

These Terms, together with the Privacy Policy (link), explain your use and access of Clickability.com.au. They also tell you about how we manage the information you give us.

But first, some definitions…

“You” and “your” mean a user of the Site.
A “user/s” is someone who in any way interacts with the Site (this can, but is not limited to people who view the sire, or register as a member).
Site” refers to Clickability.com.au.
“User content” refers to content produced and published by users of the Site.
A “subscriber/s” is specifically someone who has subscribed through the Site in a paid capacity or as a free member.
A “paid subscriber/s” is someone who has subscribed through the Site in a paid capacity.
“We”, “us”, and “our” refer to Clickability Pty Ltd.

All web pages available at the Site are owned and operated by Clickability Pty Ltd.

Terms of Use

Basically…

Acceptance Of Terms

By accessing the Site, viewing any content or using any services available on the Site you agree to be bound by these Terms as well as the Privacy Policy.

Together with the Privacy Policy, these Terms supersede any proposal or prior agreement oral or written and any other communications between us relating to the subject matter of these Terms.

By using clickability.com.au you are agreeing to the Terms of Use and Privacy Policy.
Changes to Terms

We can amend these Terms at any time and will update these on the Site in the event of any such amendments.  We will notify you of material changes of the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. It is your sole responsibility to check Clickability.com.au from time to time to view any such changes to the Terms. If you continue to use Clickability.com.au, you agree to our revisions to these Terms of Use. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Clickability Pty Ltd’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Clickability Pty Ltd. No purported waiver or modification of this Agreement by Clickability Pty Ltd via telephonic or email communications shall be valid.

We might change these Terms from time to time. We will let you know if these Terms change by emailing you or putting a notice on the Site. Keep your contact information up to date so you don’t miss out.
Services

The Site allows members to read, rate and write reviews about Australian disability support services, post and respond to forum posts, read and comment on blogs.

Published content can be viewed by all users including the general public.

The Site allows paid subscribers to view and update their personalised profiles, respond to reviews, read and comment on blogs, and access information that relates to their services.

We reserve the right to manage content published on the Site.

Clickability.com.au is an online community for people to share information about disability services.
Subscriber Accounts

If you register as a subscriber of the Site, you will create a personalised account which includes a unique username and a password for access. You will need to provide certain information about yourself to do this. Please refer to our Privacy Policy. The information must be complete and accurate. You may not impersonate or register on behalf of someone else or provide information that is intentionally misleading.

Some professional bodies/associations do not permit their members to associate themselves or use testimonials as a means of advertising. Please be aware of this and refer to your professional body/association for more information. Clickability accepts no responsibility or liability for damages incurred as a result of professional misconduct.

While users who need support to help them register can seek this out from us, if you are a carer/support person you may assist someone to provide feedback if they require assistance to do so. You can not write something on behalf of another person or based on something you think they might say.

People will need to register on their own behalf to generate content based on their own perspective/experience.

You’ll need to answer a few questions when you register for the Site. Please answer these honestly and not on behalf of someone else. We’re all about people speaking for themselves here.

If you are part of a professional body or association – please check their rules and regulations before subscribing to Clickability.

Eligibility

You need to be at least 13 years old and a resident of Australia to register as Member on the Site.

If you are a service provider and registered for a paid account, you need to renew your account quarterly via the Site to maintain your membership.

You agree to notify us immediately of any unauthorised use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.

To become a subscriber of Clickability, you have to be older than 13 and be an Australian resident.

If something goes wrong or you notice someone else is using your account, tell us straight away. We don’t take responsibility for this, but do want to help.

Restrictions to Use and Conduct

Content Use

You, not we, are solely responsible for your account and the activity that occurs while signed in to or while using your account. This includes any disclosure by you of information that makes you personally identifiable. (See our Privacy Policy link)

You agree that you will be liable and will not under any circumstances:

  • Post any content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • Use Clickability.com.au for any unlawful purpose or for the promotion of illegal activities;
  • Attempt to, or harass, abuse or harm another person or group;
  • Provide content that breaches copyright or any other intellectual property or proprietary right;
  • Use another user’s account without permission;
  • Interfere or attempt to interfere with the proper functioning of Clickability.com.au

We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice. We will determine appropriateness according to our User Guidelines (LINK).

Conduct

You will not

  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to Clickability.com.au or use any software, technology, or device to scrape, spider, or crawl Clickability.com.au or harvest or manipulate data;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

At our discretion, we, or technology we employ, may monitor and/or record your interactions with Clickability.com.au.

We’ve created a great space for people to get a good source of information, so try not to mess that up for others!

Be respectful and responsible when using Clickability.com.au. You can’t post pornographic material, harass people, send spam, present misleading or intentionally harmful content, or do other silly stuff like that.

Make sure that you’re allowed to publish the things you post.

If you do something inappropriate, we can remove what you post and cancel your account without giving you any notice.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or User Content made available through Clickability.com.au, but not directly by Clickability Pty Ltd, are those of their respective authors. Such authors are solely responsible for such content.

Clickability Pty Ltd does not endorse or guarantee the accuracy, completeness, or usefulness of any information on Clickability.com.au that is made by any party other than Clickability Pty Ltd.

Clickability Pty Ltd takes no responsibility and assumes no liability for any User Content published or directed to via Clickability.com.au.

Under no circumstances will Clickability Pty Ltd be responsible for any loss or damage resulting from anyone’s on information or other content posted on Clickability.com.au, or transmitted to users.

We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Clickability Pty Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Clickability Pty Ltd is not liable for any statements, representations or content provided by its Users in any public forum, service listing page, or other Interactive Area (including but not limited to, comment areas, reviews, ratings, blog, and forum). Although Clickability Pty Ltd has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any content posted or stored on the site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

You must indemnify us for any damages, costs and related losses incurred, directly or indirectly, as a result of your failure to comply with these terms of use.

If, on the basis of User Content, we form the view that an offence of any nature involving any person may have occurred, we reserve the right to report the matter to the appropriate authorities.  You expressly waive any right to privacy in such circumstances and you expressly consent to us disclosing such information, whether or not it is in your interests or for your benefit that we do so.  This is a right which would only be exercised at our discretion and in what we consider to be appropriate and compelling circumstances.  At the same time, we give no undertaking whatsoever, and accept no responsibility whatsoever, to necessarily report suspected offences or to take any other action in this regard.

Ownership

The user content published belongs to the publisher/author. Content published by or authored by us, belongs to us. This includes, but is not limited to:

Software, computer code, products, aggregate user review ratings, content generated by us, and all other elements and components of the Site.

Graphics, visual interfaces, interactive features, design, compilation.

This excludes User Content developed by you, and Third Party Content.

We also own the copyrights and other intellectual and proprietary rights throughout the world associated with Clickability.com.au.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Clickability.com.au, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on Clickability.com.au may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Notice may be provided by email to [email protected].

Communications made through Clickability.com.au’s e-mail and messaging system will not constitute legal notice to Clickability Pty Ltd or any of its officers, employees, agents or representatives in any situation where notice to Clickability Pty Ltd is required by contract or any law or regulation.

The Content and the Site are protected by copyright and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Clickability.com.au. Content in whole or in part except as expressly authorised by us.

It’s up to you to decide what you do with the information presented on Clickability.com.au.

Stuff you post on Clickability belongs to you or it’s author. Stuff we have developed (including software and content) belong to us.

You can’t use our content without crediting us correctly. Be careful about this, as there are laws that cover all of this.

Clickability provides an interactive service, and although we monitor the content before it’s published, we aren’t liable for the content our users post.

If something that gets posted makes us suspect something illegal has happened, we may report it.

Though Clickability Pty Ltd strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable.

Clickability Pty Ltd reserves the right, but has no obligation, to

  • monitor the materials posted in the public areas of  Clickability.com.au
  • limit or deny a user’s access to Clickability.com.au
  • take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
  • Remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.

Note: E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at [email protected]

We take the publishing of any unlawful, offensive, harmful, or mean stuff seriously. If you notice any of that kind of thing on Clickability, let us know! Contact us on [email protected]
Links to Other Sites and/or Material

As part of Clickability.com.au, Clickability Pty Ltd may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Clickability.com.au users. Clickability Pty Ltd has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Clickability Pty Ltd.

Clickability Pty Ltd is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Clickability Pty Ltd. If you decide to leave Clickability.com.au and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.

Every website, online service, and online software has it’s own set of Terms of Use. If you visit another website (even if the link came from Clickabilty.com.au), we have no control over their Terms.

You can usually find Terms of Use at the bottom of a home page. We recommend checking them out before using a new website.

Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringer Accounts. Clickability Pty Ltd respects the intellectual property rights of others and requests that the users do the same. Clickability Pty Ltd may terminate access for participants or users who are found repeatedly to publish protected third party content without necessary rights and permissions.

(b) If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Clickability.com.au infringe upon your copyrights, you may submit a notification to Clickability Pty Ltd’s via email at [email protected] Subject Line “Copyright Notification”. Ensure contact details are provided and a designated representative will contact you for details of the copyright notification.

(c) Counter-Notices. If you believe that User Content has been removed from the Site and it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to i[email protected] so we can investigate. In the subject line write “Counter-Notice”.

If a counter-notice is received by Clickability Pty Ltd’s copyright agent, Clickability Pty Ltd may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Clickability Pty Ltd’s discretion) be reinstated on Clickability.com.au in 10 to 14 business days or more after receipt of the counter-notice.

If you’ve seen something that you think breaks copyright laws, contact us at [email protected] so we can check it out.

If we’ve taken down information because of copyright issues and you don’t agree with us, please contact us at i[email protected] so we can check it out.

Licence Grant

By posting any User Content via Clickability.com.au, you expressly grant, and you represent and warrant that you have a right to grant, to Clickability Pty Ltd a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Clickability.com.au.

By posting on the Clickability, you agree for us to publish and retain the content for our use.

We’ve written about the way we use what you write in these Terms and in our Privacy Policy.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from Clickability Pty Ltd in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Clickability Pty Ltd provides to you electronically satisfy any legal requirement, as would satisfy if it were in writing.

We may also use your email address to send you other messages, including information about Clickability Pty Ltd and special offers. You may opt out of this by unsubscribing via the link in our newsletter, or by emailing us at [email protected]. Opting out may prevent you from receiving messages regarding Clickability Pty Ltd or special offers.

By registering as a member, you agree to us sending you emails. If you want us to stop, click on the “unsubscribe” link in our newsletter or email us on [email protected]
Limitation of Damages; Release

To the extend permitted by applicable law, in no event shall Clickability Pty Ltd, its affiliates, Directors or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from a) the use, disclosure, or display of your User Content; b) your use or inability to use Clickability.com.au; c) Clickability.com.au generally or the software or the systems that make Clickability.com.au available; or d) any other interactions with Clickability Pty Ltd or any other user of clickability.com.au, whether based on warranty, contact, tort (including negligence) or any other legal theory and whether or not Clickability Pty Ltd has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

Clickability is not liable for any losses or incidents that may arise from your use of the Site.
If you have a dispute with one or more users, disability service providers or a merchant of a product or service that you review using Clickability.com.au, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any arguments or disputes arise between you and another user or service provider, it’s up to you and them to work it out.
General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Clickability Pty Ltd to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Clickability Pty Ltd must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of Clickability.com.au are governed by the federal and state laws of Australia and its states and territories, without regard to conflict of law provisions.

Clickability Pty Ltd may assign or delegate these Terms of Service and/or Clickability Pty Ltd’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Clickability Pty Ltd’s prior written consent, and any unauthorised assignment and delegation by you is void. This includes anyone providing support to Users accessing the Site, where the User’s disability impedes their autonomous use.

We can only address a problem within a year of it happening, so if something comes up, let us know straight away.

If some of the Terms are not quite right, it does not mean the rest of them are out too.

Warranty Disclaimer

Clickability Pty Ltd is provided “as is” without warranty of any kind. Without limiting the foregoing, we expressly disclaims all warranties, whether express, implied or statutory, regarding clickability.com.au including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warrant or representation that access to, or operation of clickability.com.au will be uninterrupted or error free. You assume all responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from us. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

We want to make Clickability as accessible as possible for everyone. This is a work in progress though, and we might not always get it right. If you have feedback on how to make it better, we would love to hear it! Please contribute to our forum or email us at [email protected]