Terms and Conditions
These terms and conditions outline the obligations and responsibilities of the Clique app and users of the Clique app.
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
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.
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 (firstname.lastname@example.org) (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:
- iPhone application;
- Android application;
- website, www.clique.mobi; or
- 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.
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.
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.
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, 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.
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:
- 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
- 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.
- 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.
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.
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 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
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.
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.
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.
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.
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.
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.
If you have any questions about our Terms and Conditions, do not hesitate to contact us.