Hello and welcome to Clickability!
2.1. In this Agreement:
“Agreement” has the meaning in clause 1.2;
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Disability Service Advisor” means our employees, agents or contractors who we engage to specifically connect Users with Providers;
“Disability Service Advisor Network” means an opt-in network of Providers that Disability Service Advisors may connect with Users from time-to-time;
“Fees” means the fees set out in clause 5, calculated at the rates set out in clause 5 or as otherwise published by us on the Site from time to time;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trademarks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Premium Account” means an Account which a Provider pays Fees in order to access greater features and functionality;
“Products” means the products, goods or items listed or advertised on the Site for sale or otherwise;
“Provider” means a provider of services for persons with disabilities that list their offering on the Site for sale or for information purposes (whether said provider is registered with the National Disability Insurance Agency or otherwise);
“Referral Fee” means a 3% portion of the total amount paid by a User to a Provider in the first twelve (12) months of the Provider providing services to a User after a referral is made;
“Services” means the services listed or advertised on the Site for sale or otherwise;
“Site” has the meaning in clause 1.1;
“User” means the person or entity accessing, using or relying upon the Site for the use of the Services, and excludes Providers; and
“you” or “your” means the person or entity accessing, using or relying upon the Site and includes, when applicable, a User or Provider.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- Site Use
3.1. In order to use the Site, you have the option of becoming a member. To become a member of the Site you must open a membership account with us (“Account”) by providing your name, address, telephone number, a valid email address and nominate a password (Password”). Registration is free. If you do not provide accurate and complete details we may not be able to activate your membership or provide the Services to you. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Site or by contacting us at [email protected]
3.2. You will receive an email confirming registration with us shorty after you have created your Account via the Site.
3.3. As a User, you may provide a rating (based on a rating system of 1 to 5 stars) regarding the goods and/or services after you engage with a Provider for the use of any goods and/or services via your Account or submitting a form to us via www.clickability.com.au/quickreview.
3.4. You may not use one email address to register for multiple Accounts.
3.5. You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
3.6. You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
3.7. We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time (including a failure to pay any charges in relation to a Premium Account). Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
3.8. The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
3.9. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
3.10. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
3.11. You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site do not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
4.1. You acknowledge and agree that a listing on the Site for the provision of goods and/or services by a Provider constitutes mere information, and does not form part of any offer to sell those goods and/or services.
4.2. A registered User may communicate with Providers via the Website for the purchase of goods and/or services. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between you and the Provider to the exclusion of us.
4.3. You are responsible for checking the suitability of services offered by Providers via the Site with Providers directly.
5.1. A Provider has the option to upgrade an Account to a Premium Account. If you are a Provider, you may contact us for more information regarding any fees for upgrading your Account at [email protected]
5.2. Where you (a Provider) hold a Premium Account, you may perform the following actions (as listed at www.clickability.com.au/why-subscribe):
(a) access our customer support team via phone, chat and email;
(b) respond to customer reviews;
(c) use the Clickability blog for content marketing;
(d) opt-in to be connected with our Disability Service Advisor Network;
(e) edit listings and resources; and
(f) utilise analytical tools.
5.3. As a Provider that holds an Account, you must adhere to the following criteria:
(a) Creation and Maintenance of Profile
You bear sole responsibility for creating a profile to be displayed via the Site. Your profile must be reflective of the actual goods and/or services offered by you, be kept up-to-date at all times and must not be misleading or deceptive. You must ensure that content uploaded to your profile does not infringe any Intellectual Property rights.
(b) Defamatory Content
You must not upload any content to the Site that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Site without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause 5.3).
(c) Viruses and Hacking
You must not misuse any part of the Site by introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not engage in any activity that interferes with or disrupts the Site or the servers or networks which host the Site and you must not attempt to circumvent, disable or otherwise interfere with any security-related features of the Site or any features which prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or the content of the Site.
(d) Interactions with Users
You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any Provider may see such Provider(s) removed from the Site, result in the termination or suspension of their account and/or lead to restricted access to the Site and/or Account, at our absolute discretion.
(e) Service Quality
You must ensure that all services that you sell or advertise via the Site are provided to a User with acceptable care and skill and in compliance with any applicable obligations under the Competition and Consumer Act 2010 (Cth). This includes, but is not limited to compliance with any NDIS or other state or commonwealth requirements (as applicable to you) at all times.
(f) Willing and Able
At the time that you list any goods and/or services via the Site, you must be willing and able to provide such goods and/or services to Users. All prices listed on the Site should be in Australian Dollars and include goods and services tax (GST), unless otherwise specified.
5.4. A Provider and a Premium Account holder may also opt-in to the Disability Service Advisor Network and will have the ability to be connected with Users of the Site by our Disability Service Advisors. When you opt-in to the Disability Service Provider Network, you agree that:
(a) in order to be connected with a User, you must pay a fee to us (that will be quoted to you immediately prior to the time that you are connected with that User);
(b) if the User chooses to purchase any services from you, you must pay the Referral Fee on and from the date you first start delivering services to the User; and
(c) you will use all reasonable efforts to notify us as to the approximate date you begin delivering services to a User.
5.5. If you wish to upgrade to a Premium Account we will submit an invoice to you for the Fees and you agree to pay such Fees in accordance with the invoice provided to you.
5.6. In order to opt in to the Disability Service Provider Network, you must agree to and sign a separate referral agreement on terms acceptable to us.
5.7. Refunds of any Fees (including Referral Fees) are at our absolute discretion.
5.8. In the event that you are a Provider and wish to have your services removed from the Site, you may write to us at [email protected] with the request for information related to you to be removed, however we are under no obligation to do so unless you are able to demonstrate that your business is no longer operational.
- Legal Capacity
6.1. You must be eighteen (18) years of age or over to use or access the Site. If you are under the age of 18 years (a “Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to create an Account in accordance with clause 6.3.
6.2. Your continued use of the Site is an acknowledgement by you that:
(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account;
(b) you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
6.3. If you are a parent or guardian permitting a Minor to create an Account, you agree to:
(a) exercise supervision over the Minor’s use of the Site;
(b) assume all risks associated with use of the Site as outlined in the Agreement;
(c) ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
(d) assume all liabilities resulting from the Minor’s use of the Site and their Account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor;
(f) provide the consents contained in this Agreement on behalf of the Minor.
6.4. We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use the Site.
6.5. We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, the use of the Site by a Minor.
- Intellectual Property
7.1. You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
7.2. If you are not a Provider, you may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only.
7.3. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
7.4. By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
7.5. We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.
7.6. You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
- Linking to the Site
8.1. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2. You must not establish a link to the Site from any website that is not owned by you.
8.3. This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
9.1. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
10.1. To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services purchased on, or via, the Site and this Agreement.
10.2. Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $250. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
10.3. You acknowledge that we provide a service for connecting Users and Providers to use the Services, and are in no way involved in purchases or payments in relation to goods and/or services displayed on the Site. To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the goods or services sold on, or via, the Site (including any dispute or complaint regarding refunds, payment, goods or services).
10.4. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
12.1. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
12.2. Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
12.3. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
12.4. A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
12.5. This Agreement is governed by, and must be construed according to the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.