CLICKON IQ- TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE/PLATFORM
1. Who we are and how to contact us?
1.1 https://clickoniq.com/ (our “Website”) and the ClickOn Platform/web-based app (our “Platform”) is operated by CLICK ON IQ LIMITED (“we”, “us”, “our”). We assist businesses and individuals to streamline their workflow and create, manage & distribute premium content at speed, cost effectively & sustainably (the “Services”).
1.2 We are registered in England and Wales under company number 12372116 and have our registered office at Unit R, Ivanhoe Business Park, Ashby-De-La-Zouch, England, LE65 2AB. We are a limited company.
1.3 To contact us, please email email@example.com.
2. By using our site and/or Platform you accept these terms
2.2 We recommend that you print a copy of these terms for future reference. These terms apply to your use of the Website and/or Platform, including use made available to you free of charge.
3. Some terms may not apply to you
You may be using our Website and/or Platform when you sign up directly with us (“Individual Users”), or where you have access to the Website and/or Platform through your Employer (“Corporate Users”). We have indicated where any aspect of these terms applies differently to different types of user.
4. There are other terms that may apply to you
5. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Website and/or Platform, please check these terms to ensure you understand the terms that apply at that time.
6. We may make changes to our Website and/or Platform
We may update and change our Website and/or Platform from time to time to reflect changes to our Services, our clients’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
7. How we provide the services to you
7.1 Some parts of our Website and/or Platform are made available free of charge. Our Website and Platform are provided on an “as is” basis.
7.2 We do not warrant or represent that:
7.2.1 your use of the Website and/or Platform and Services will be uninterrupted or error-free;
7.2.2 that the Website and/or Platform, Services and/or the information obtained by you through the same will meet your requirements or that our data will be accurate and/or complete; or
7.2.3 that the Website and/or Platform and services will be free from viruses.
7.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our Website, Platform and Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8. Your obligations and acceptable use
8.1 You shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that:
8.1.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
8.1.2 facilitates illegal activity;
8.1.3 depicts sexually explicit images;
8.1.4 promotes unlawful violence;
8.1.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
8.1.6 is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to the Platform and/or Website and/or Services and/or any material that breaches the provisions of this clause 8.1.
8.2 You shall not:
8.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under these terms:
18.104.22.168 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
22.214.171.124 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;
8.2.2 access all or any part of the services or Platform in order to build a product or service which competes with the Services;
8.2.3 use the Services/Website/Platform to provide services to third parties;
8.2.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party; or
8.2.5 attempt to obtain, or assist unauthorised third parties in obtaining, access to the Services.
9. Suspension or withdrawal of our Website and/or Platform
9.1 We may suspend or withdraw or restrict the availability of all or any part of our Website and/or Platform:
9.1.1 for business and operational reasons;
9.1.2 where you breach clause 8 above; or
9.1.3 where you have materially breached any other terms.
10. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12. Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13. You must keep your account details safe
13.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
13.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
14. How you may use material on our Website and/or Platform
14.1 We are the owner or the licensee of all intellectual property rights in our Website and/or Platform (and in the materials published on them). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website and/or Platform must always be acknowledged.
14.3 You must not use any part of the content on our Website and/or Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
15. Do not rely on information on this Website and/or the Platform
Although we make reasonable efforts to update the information on our Website and/or Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and/or Platform is accurate, complete or up to date.
16. Our responsibility for loss or damage suffered by you
16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
16.2 Subject to clause 16.1 above, we exclude all implied conditions, warranties, representations or other terms that may apply to our Website and/or Platform or any content on it. Although we make reasonable efforts to update the information on our Website and/or Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and/or Platform is accurate, complete or up to date.
16.3 Subject to clause 16.1 and 16.2:
16.3.1 we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms; and
16.3.2 subject to clause 16.3.1 our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms shall be limited to: (1) the total fees paid by you to us for the services for Individual Users; or (2) £100, for Corporate Users.
17. How we may use your personal information
18. Uploading content to our Website and/or Platform
18.1 Any content you upload to our Website and/or Platform will be considered non-confidential and non-proprietary and you warrant that such content is complete and accurate. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website and/or Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
18.2 When you upload content to our Website and/or Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and prepare derivative works of that content for the purpose of providing the services.
18.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website and/or Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
18.4 We have the right to remove any of your content on our Website and/or Platform. You are solely responsible for securing and backing up your content.
19. Price and Payment (Individual Users only)
19.1 This clause 19 applies to Individual Users only.
19.2 You shall pay a monthly subscription fee as set out on [clickoniq.com/pricing] (“Subscription Fee”). The price of our Services will be the price indicated on this page as at the time you place the order for our Services. We shall request payment for use of our Services upon checkout. Following a successful first payment, your access to our Services and Platform will then commence.
19.3 We reserve the right to change the Subscription Fee from time to time, on 30 days’ written notice to you.
20. If there is problem with the Services we have provided
If you have any questions or complaints about our services, please contact us at email@example.com. Although we do not generally provide refunds, in exceptional circumstances we may.
21. Terminating these terms and this contract
21.1 To end your contract with us, please let us know by notifying us at firstname.lastname@example.org.
21.2 Without affecting any other right or remedy available to us, we may terminate these terms with immediate effect by giving written notice if:
21.2.1 you fail to pay any amount due under these terms on the due date for payment; or
21.2.2 you commit a material breach of any of these terms (including, but not limited to, those found at clause 8) and (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so.
22. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
24. You will still have all legal remedies available to you
Unless we have expressly said otherwise in these terms, the rights and remedies provided here are in addition to any rights and remedies provided by law.
25. Which country’s laws apply to any disputes?