Terms of Use

The Join The Clicks website at www.jointheclicks.com (Site) is a service provided by Kelly Street Digital (ACN 128 115 659), trading as Join The Clicks (JTC) (KSD) for the following purposes:

  • informing its Customers,
  • enabling Customers to provide information to KSD, and
  • providing information and commercial services to its Customers.

By accessing or otherwise using the Site you agree to be bound by these Terms of Use and you acknowledge that KSD provides the Site to you subject to these Terms of Use. KSD is entitled at its sole discretion to change, modify, amend, add or remove any part of these Terms of Use and to change, amend or delete any features of the Site at any time without notice. Your continued use of the Site after this time constitutes an agreement by you to abide by and be bound by these Terms of Use, as so amended.

INTELLECTUAL PROPERTY PROTECTION

KSD owns all intellectual property in the Site, unless indicated otherwise. Subject to these Terms of Use, KSD grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the Site
  • Use information directly accessible through the Site.

You agree that, subject to your use of the Site in accordance with the limited licence granted to you, you will not infringe KSD's intellectual property in the Site and will not modify, copy, republish, frame, distribute or communicate any part of the Site or any information contained therein or otherwise use the Site in a way which infringes KSD's intellectual property or other property rights.

DISCLAIMER

Except as provided by law, the Site is provided "as is" and without any warranty or condition, express or implied. KSD does not warrant that the information contained in or accessible through the Site is accurate, suitable for your purposes or without errors, omissions or viruses nor does KSD guarantee continuous, uninterrupted or secure access to the Site. You acknowledge that access and use of the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of KSD's control. KSD does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Site. Subject to the provisions of the Trade Practices Act 1974, KSD makes no representations or warranties in respect of the information and materials available on the Site or the means of accessing that information and material (including the software operating in connection with the Site).

KSD makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than KSD which are or may become linked or framed to or from the Site.

USE OF INFORMATION

If you upload or otherwise provide any information or content in the course of accessing or using the Site (Content), you agree that such Content will be available to KSD to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services KSD considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms of Use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant KSD a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or yet to be devised. You also agree to KSD doing any act in relation to your copyright Content which would, but for this permission, be an infringement of any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

USE OF SITE

Your use of the Site is at your sole risk. The Site is provided on an 'as is' and 'as available' basis.

Technical support is only provided to paying account holders and is only available via email.

You understand that KSD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.

You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site, KSD, or any other KSD service.

KSD may, but have no obligation to, remove Content that KSD determines, in its absolute discretion, are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or infringe any party intellectual property, or breaches these Terms of Use.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KSD Customer, employee, member, or officer will result in immediate termination of access to the Site.

You must not upload, post, host, or transmit unsolicited email, SMSs, or 'spam' messages to or via the Site.

You must not transmit any worms or viruses or any code of a destructive nature to or via the Site.

You expressly understand and agree that KSD will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KSD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Site.

The failure of KSD to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision.

PUBLIC FORUMS

The Site and KSD make chat rooms, forums, message boards and/or newsgroups (collectively, 'Public Forums') available to its visitors, and users of the Site. Any information disclosed in these areas become public information. By posting or transmitting, inputting or uploading Content to Public Forums, You warrant that such Content does not violate or infringe the rights of any third parties. In addition, You automatically grant KSD and all users of the Site a royalty-free, perpetual, non-exclusive worldwide licence (with the right to grant sub-licences) to use, copy, modify, distribute, publicly display, perform and otherwise take advantage of such Content, without compensation to You. Responsibility for what is posted in the Public Forums lies with each user of the Site - such users, and not KSD, alone are responsible for the material they post. KSD does not control the messages, information or files that You or others may post to a Public Forum. KSD has no obligation to maintain the Public Forums, and can discontinue them and delete and erase any and all content therefrom, at any time without notice.

You understand that KSD has no obligation to monitor any Public Forum or any Content. However, KSD reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. KSD reserves the right to refuse to post or remove all or any part of the Customer Data from the Site or or remove any Content, information or materials from a Public Forum, in whole or in part, without notice, for any reason in its sole discretion, including Customer Data, Content or any information or materials that, in the sole opinion of KSD, is objectionable or in breach of these Terms of Use, breaches applicable laws, breach or infringes the rights of others, including rights under copyright, trademark or patent law, rights of publicity or privacy, rights under defamation law; contain viruses or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorised use of or limit the functionality of any computer software or hardware, and any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent, or would give rise to civil liability or otherwise violate any applicable law or regulation.

LINKS TO THIRD PARTY WEBSITES

This website may contain links to other websites that are not operated or controlled by KSD. These links are provided for convenience only and may not be current. Provision of a link does not amount to an endorsement or approval of the third party website by Kelly Street Digital and we are not responsible for the content or privacy policies of those websites. Third party websites should have their own terms of use and privacy policies, which we encourage you to read.

GENERAL CONDITIONS

  1. Your use of the Site is at Your sole risk. The Site is provided on an 'as is' and 'as available' basis.
  2. Technical support is only provided to paying Account holders and is only available via email.
  3. You understand that KSD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the .
  4. You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the , KSD, or any other KSD service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by KSD.
  6. KSD may, but have no obligation to, remove Content and Accounts containing Content that KSD determines, in its sole discretion, are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or infringe any party intellectual property, or breaches these Terms of Use.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KSD customer, employee, member, or officer will result in immediate Account termination.
  8. You understand, and hereby agree, that the technical processing and transmission of the Site, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or 'spam' messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature to or via the Site.
  11. KSD does not warrant that (i) the Site will meet Your specific requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations; and (v) any errors in the Site will be corrected.
  12. You expressly understand and agree that KSD will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KSD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Site.
  13. The failure of KSD to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. These Terms of Use together with the Privacy Policy, constitute the entire agreement between You and KSD and govern Your use of the Site, superseding any prior agreements between You and KSD relating to Your use of the Site (including, but not limited to, any prior versions of the Terms of Use).
  14. Questions about the Terms of Use should be sent to support@jointheclicks.com .

LIMITATION OF LIABILITY

You agree that KSD is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Site, the use by KSD of Content or information provided by you to KSD through the Site or any such loss or damage which may arise should you be unable to access the Site, for whatever reason and however arising, including negligence.

To the extent that KSD is able to limit the remedies available under these Terms of Use, KSD expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at KSD's absolute discretion):

  • in the case of goods, any one more of the following:
    • the replacement of the goods or supply of equivalent goods;
    • the repair of the goods;
    • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
    • the payment of the costs of having the goods repaired; and
  • in the case of services:
    • supply of the services again; or
    • the payment of the cost of having the services supplied again.

You indemnify KSD against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these Terms of Use; or
  • any breach or inaccuracy in any of your representations or warranties.

BREACH AND TERMINATION

If you breach any provision of these Terms of Use, KSD may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Site. In any event, KSD may terminate your right to use the Site at any time and for any reason without prior notice to you.

CHOICE OF LAW AND USE OF SITE

These Terms of Use, and the agreement of which they form part, is to be governed by the laws of the State of New South Wales, Australia.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and KSD by these Terms of Use.

DEFINED TERMS

  • Customer - means existing or potential customers of KSD or persons accessing or otherwise using the Site for domestic or commercial purposes.
  • Site: means the website accessible through the following address www.jointheclicks.com operated by KSD.
  • You: means Customers of KSD.

Click here to view the JTC Privacy Policy