Terms & Conditions

Clique Software Limited

Terms and Conditions

These terms and conditions outline the obligations and responsibilities of the Clique app and users of the Clique app.

You must take the time to read and understand these terms and conditions the privacy policy and the community standards before using the Clique website or the Clique app platforms. Links to the privacy policy and community standards can be found on the Clique app during sign up or in the “Help” section in the menu of this website.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to all of the Terms, you may not access or use the Clique platform or Services. These Terms expressly supersede prior agreements or arrangements with you. Clique may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

User agreement for: www.clique.mobi website and the Clique App for iOS and Android.

Clique operates an iOS and Android mobile app platform that allows users to connect with other users who offer events and/or activities.

Intellectual Property Rights

Unless otherwise indicated, the Clique app is our proprietary property and all source code, databases, functionality, software, website designs, app designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Site or Platform “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

Copyright Infringements

We respect the intellectual property rights of others.  If you believe that any material available on or through the Clique Site or Clique App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.  Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

Scope of Clique’s services

1.1 Clique Software Limited (hello@clique.mobi) (Clique, we, our or us) allows users (User or you) to connect and perform business and personal events and activities (the Services) through our platform (Clique App Platform), which includes but is not limited to our:

  1. iPhone application;
  2. Android application;
  3. website, www.clique.mobi; or
  4. any other platform that may be introduced by us in the future.

Last updated – 04/07/2019

Cliques’s Role and Obligations

Clique only permits individuals 18 years of age or older to create a User profile on Clique.

Clique has no obligation to any User to assist or involve itself in any dispute between Users, although we may do so to improve User experience.

Users Role and Obligations

Users on the Clique platform must be 18 years of age or older.

Users must not use the Clique Platform for any illegal or immoral purposes.

Payments and Payouts

When you request to withdraw stored funds or earned funds from your Clique account you will be asked to provide your billing information such as name, billing address, and financial instrument information either to Clique or its third-party payment processor(s). You must provide accurate, current, and complete information when making a withdrawal request, and it is your obligation to keep your payment details up-to-date at all times. The information required for Payout will depend on the particular Payout Method and may include the following, your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

If your selected currency location is different to the purchase currency, or your selected currency is different to the given withdrawal requests bank account destination, your payment may be processed outside your country of residence. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. As a result, the amount listed on your card statement may be different to the amount displayed on the Clique payment pages. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

You are responsible for the accuracy and completeness of your payment and payout information. Clique is not responsible for any loss suffered by you as a result of incorrect payment or payout information provided by you.

Fees

Clique may charge service fees to Users for the use of the Clique Platform. More information about when Service Fees apply and how they are calculated can be found on our “Fee’s and Pricing” page. [CLICK HERE]

Clique reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

You are responsible for paying any Service Fees that you owe to Clique. The applicable Service Fees (including any applicable Taxes) are collected by Clique. Clique will deduct any Fees from the listing sale price after the listing has been completed. Except as otherwise provided on the Clique Platform, Service Fees are non-refundable.

Payment facility

Account Registration

You must create an account (“Clique user profile”) to access and use certain features of the Clique Platform, such as creating or booking a Listing. If you are registering a Clique user profile for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must provide accurate, current and complete information during the registration process and keep your Clique user account information up-to-date at all times.

You may not register more than one Clique user account unless Clique gives you permission in writing to do so. You may not assign or otherwise transfer your Clique user account to another party. Users with multiple or duplicated accounts may have their accounts deleted or suspended by the Clique admin team.

You are responsible for maintaining the confidentiality and security of your Clique user account credentials and may not disclose your credentials to any third party. You must immediately notify Clique if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Clique user account. You are liable for any and all activities conducted through your Clique user Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).

Clique may enable features that allow you to authorise other users or certain third parties to take certain actions that affect your Clique user account. For example, we may enable users to link their Clique user accounts to businesses and take actions for those businesses, we may enable eligible users to create Listings on behalf of other users, or we may enable eligible users to help manage their business listings. These features do not require that you share your credentials with any other person. No third party is authorised by Clique to ask for your credentials, and you shall not request the credentials of another user.

User Verification 

Clique may use Identity Verification Services. These Services may not be fully accurate as all Clique Services are dependent on User-supplied information and/or information or verification services provided by third parties. You are solely responsible for identity verification and Clique accepts no responsibility for any use that is made of an Clique Identity Verification Services.

No Agency

No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular you have no authority to bind Clique, its related entities or affiliates in any way whatsoever.

Notices

Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Clique’s contact address as displayed on the Clique Platform, or to Clique Users’ contact address as provided at registration. Any notice shall be deemed given:

  1.  if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
  2.  if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia.
  3.  Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.

Dispute Resolution

Clique has no obligation to any User to assist or involve itself in any way in any dispute between an event or activity Poster and a Clique Host or Guest. If you wish to take Disputes Tribunal (or other) proceedings against another User, you can contact Clique for a statutory declaration form, which must be completed before we will consider releasing anyone else’s information to you. You may only request contact details for the sole purpose of making a claim. Clique has the right to hold any funds subject of any dispute in the Escrow Account, until the dispute has been resolved.

No Warranty

Except for liability in relation to any Non-excludable Condition, Clique’s service is provided on an “as is” basis, and without any warranty, representation or condition, whether express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.

Platform Outages and Issues

Clique will try to promptly address (during normal business hours) all technical issues that arise on the Clique Platform. However, Clique will not be liable for any loss or damage suffered as a result of any partial or total outages of the Clique Platform or any technical malfunctions on it, the Clique Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User’s computer system.

Termination

Termination by breach of terms. If a User does not abide by these Terms and conditions, Clique may terminate or suspend that User’s account with Clique and refuse to provide its Services to that User for any reason and at any time.

General Termination. Either party to these Terms may terminate a Clique account and these Terms (so far as they relate to that User) at any time for any reason. All Third Party Services are subject to Third Party Service provider terms and conditions.

Third Party Websites and Consent

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party 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 Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Limitation of Liability

To the fullest extent permitted by law, in no event will Clique, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (1) your access to or use of or inability to access or use the service, (2) the conduct or content of other users or third parties on, through, or following use of the service; or (3) unauthorized access, use or alteration of your content, even if Clique has been advised of the possibility of such damages. in no event will Clique’s aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to Clique for the service while you have an account. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the exclusions and limitations in this section may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site;  (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Submissions and Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Privacy

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the Australia.  If you access the Site from the European Union, United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Site or Services, you are transferring your data to the Australia, and you expressly consent to have your data transferred to and processed in the United States.[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

Community

Please review our Community Standards [CLICK HERE]. By using the Site, you agree to be bound by our Community Standards, which is incorporated into these Terms of Use. This applies to all users of the Clique website and the Clique apps.

User Registration

You may be required to register with the Clique Site or Clique App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Guidelines for Reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Reviews are not endorsed by us, and do not necessarily represent our opinions or  the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule.

Foreign Use

Clique makes no warranty or representation that the Clique Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Clique Platform are not illegal or prohibited in their relevant country.

Corrections

There may be information on the Clique Site or Clique app that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Changes to The Terms and Conditions Agreement

We may update our Terms and Conditions from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by using the Notifications within the Clique app the next time you login in after any changes and via email. The new Terms and Conditions will be posted on this page. These changes are effective immediately, after they are posted on this page.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.  You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

If you have any questions about our Terms and Conditions, do not hesitate to contact us.

Hello@clique.mobi