Website Terms & Conditions of use

1. About the Website

a) Welcome to www.clickadvisory.com.au (the ‘Website‘). The Website provides you with an opportunity to browse accounting and bookkeeping services and browse and purchase various products and services that have been listed for sale through the Website (the ‘Products and Services‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).

b) The Website is operated by Gordana Cuch (Dana Cuch) t/a Click Advisory (ABN 90 902 861 691). Access to and use of the Website, or any of its associated Products or Services, is provided by Dana Cuch t/a Click Advisory. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

c) Dana Cuch t/a Click Advisory reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dana Cuch t/a Click Advisory updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dana Cuch t/a Click Advisory in the user interface.

3. Registration to use the Purchase Services

a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including

(i) Email address

(ii) Name and address and/or preferred username

b) You warrant that any information you give to Dana Cuch t/a Click Advisory in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a member you will be granted immediate access to the Purchase Services

(d) You may not use the Purchase Services and may not accept the Terms if:

i) You are not of legal age to form a binding contract with Dana Cuch t/a Click Advisory; or

ii) You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services

4. Purchase of Products and Returns Policy

a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the “Purchase Price”):

b) Payment of the Purchase Price may be made through PayPal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by the applicable Terms and Conditions of Use, privacy Policy and other relevant legal documents provided by the Payment Gateway Providers.

c) Following payment of the Purchase Price being confirmed by Dana Cuch t/a Click Advisory, you will be issued with a receipt to confirm that payment has been received and Dana Cuch t/a Click Advisory may record your purchase (details for future use.

d) Dana Cuch t/a Click Advisory may, at their sole discretion, provide a refund on the return of the products within 7 days. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this cause.

5. Warranty

a) Dana Cuch t/a Click Advisory’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).

6. Copyright and Intellectual Property

a) The Website, the Purchase Services and all of the related products of Dana Cuch t/a Click Advisory are subject to copyright.  The material on this Website is protected by copyright under the laws of Australia and through international treaties.  Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Dana Cuch t/a Click Advisory or its contributors.

b) Dana Cuch t/a Click Advisory retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Dana Cuch t/a Click Advisory; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process)

c) You may not, without the prior written permission of Dana Cuch t/a Click Advisory and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for this purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

(a) Dana Cuch t/a Click Advisory takes your privacy seriously and any information provided through your use of the Website and/or the purchase Services are subject to Dana Cuch t/a Click Advisory’s Privacy Policy, which is available on the Website.

8. General Disclaimer

a) You acknowledge that Dana Cuch t/a Click Advisory does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

b) Dana Cuch t/a Click Advisory will make every effort to ensure a Product is accurately depicted on the Website.

c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded, and

ii) Dana Cuch t/a Click Advisory will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these terms (including as a result of not being able to use the Purchase Services or the late supply of Purchase Services), whether at common law, under contract, tort (including negligence), in equity pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Dana Cuch t/a Click Advisory is at your own risk. Everything on the Website, the Purchase Services, and the Products of Dana Cuch t/a Click Advisory, are provided to you on an “as is” and “available” basis, without warranty or condition of any kind. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct or theft, destruction, alteration or unauthorised access to records.

(ii) the accuracy, suitability, or currency. of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User’s convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

9. Limitation of Liability

(a) Dana Cuch t/a Click Advisory’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Gordana Cuch t/a Click Advisory is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Dana Cuch t/a Click Advisory, it's affiliates, employees, agents, contributors, third party content providers, and licencors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation or any other intangible loss.

(c) Dana Cuch t/a Click Advisory is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Dana Cuch t/a Click Advisory, by third parties or by any of the Purchase Services offered by Dana Cuch t/a Click Advisory.

10 Termination of Contract

(a) The terms will continue to apply until terminated by either you or by Dana Cuch t/a Click Advisory as set out below.

(b) If you want to terminate the terms, you may do so by:

(i) notifying Dana Cuch t/a Click Advisory at any time, and

(ii) closing your accounts for all of the Purchase Services which you use, where Dana Cuch t/a Click Advisory has made this option available to you.

(c) You notice should be sent in writing to Dana Cuch t/a Click Advisory via the ‘Contact Us’ link on our homepage.

(d) Dana Cuch t/a Click Advisory may at any time, terminate the Terms with you if:

(i) you have breached any provision of the terms or intend to breach any provision;

(ii) Dana Cuch t/a Click Advisory is required to do so by law;

(iii) the partner with whom Dana Cuch t/a Click Advisory offered the Purchase Services to you has terminated its relationship with Dana Cuch t/a Click Advisory or ceased to offer the Purchase Services to you.

(iv) Dana Cuch t/a Click Advisory is transitioning to no longer providing the Purchase Services to Users in the country in which you are a resident or from which you use the service; or

(v) the provision of the Purchase Services to you by Dana Cuch t/a Click Advisory is, in the opinion of Dana Cuch t/a Click Advisory, no longer commercially viable.

(e) Subject to local applicable laws, Dana Cuch t/a Click Advisory reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dana Cuch t/a Click Advisory’s name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dana Cuch t/a Click Advisory have benefited from, been subject to (or which have accrued over time whilst the Terms had been in force) or which are expressed to continue indefinitely should be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

11. Indemnity

(a) You agree to indemnify Dana Cuch t/a Click Advisory, its affiliates, employees, agents, contributors, third party content providers and licensors from and against

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website:

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms

12. Dispute Resolution

16.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

iv) The mediation will be held in Adelaide, South Australia.

(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of mediation

If 30 days have elapsed after the start of mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

(a) The Purchase Services offered by Dana Cuch t/a Click Advisory is intended to be to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that exclusive venue for resolving any disputes should be in the courts of South Australia, Australia.

14. Governing Law

(a) The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power, or general grounds of restraint of trade.

16. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.