This website is owned by Click Frenzy Pty Ltd (CF)
These Terms and Conditions apply to your use of the website www.clickfrenzy.com.au (Site). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these Terms and Conditions.
CF reserves the right in its sole discretion to modify these Terms and Conditions from time to time and you should regularly review them. Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions and any modifications to them.
CF reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that CF believes, in its sole discretion violates any term or provision of these Terms and Conditions or violates the rights of CF or third parties or is otherwise inappropriate for continued access and use of the Site.
You acknowledge that CF has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
Use and Eligibility
The Site is only for individuals who can form legally binding contracts. By using the Site you are representing that you are 18 years of age or over.
You must use this Site for lawful purposes only. You must not use the Site to:
Infringe any third party rights including copyright or other intellectual property;
impersonate or otherwise misrepresent your identity or affiliation with any other person or entity, or commit forgery (or attempted forgery);
interfere with or disrupt the Site or servers or networks connected to the Site;
defame, abuse or harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
harvest or otherwise collect or store data about other users or merchants, including e-mail addresses; and
violate any applicable state, Commonwealth or international law or regulation.
CF will not be liable for interference to or damage to your computer systems which occur in connection with the use of this website.
Links and Advertising
CF has not investigated or verified third party sites which may be linked to or from this Site. These links are provided for convenience only. Neither CF nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on the Site or linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and that CF is not responsible for third party sites.
The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
Terms and conditions may apply to specific third party advertisements hosted on the Site – customers must check the specific terms and conditions that apply when visiting any third party advertising site.
You agree to indemnify, defend, and hold harmless CF, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
To the extent permitted by law, CF makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Site or the availability of users to complete a transaction with third parties.
Intellectual Property Rights/ Limited Licence to use the Site
The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.
You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 – Division 4A of the Copyright Act 1968 (Cth).
Click Frenzy’s logo and name are the property of Global Marketplace Pty Ltd (GMP) and may not be used as part of your business or in connection with any goods and services without the prior written consent of GMP.
If you consider that any Content on the Site breaches your intellectual property rights please notify CF. Notification and any action that CF may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that CF accepts any liability in relation to such a breach. CF does not guarantee to take any action if notified under this clause.
Disclaimer of Warranties and Limitation of Liability
Subject only to clause 8.2 below:
this Site is provided by CF without any express or implied warranty of any kind;
you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
CF does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
CF does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
CF may change any of the material on the Site at any time without notice;
CF makes no commitment to update any material on the Site;
you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
in no event shall CF be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
the availability and utility of products and services;
the availability or accuracy of third party websites; or
any breach of any third party intellectual property rights.
Where the consumer guarantees provided in the Competition and Consumer Act 2010 (Cth) apply and there has been breach of any of those consumer guarantees, then CF relies on Section 64A of the Competition and Consumer Act 2010 in that respect and CF’s liability for any breach of the consumer guarantee is limited to:
Where there is a supply of goods to the replacement or resupply of equipment goods or the payment of the costs of replacing the goods or acquiring replacement goods;
Where there is a supply of services to supply of the services again or the payment of the costs of having the services supplied again.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law CF absolutely disclaims all warranties expressed or implied including but not limited to implied warranties of merchantability and fitness for any particular purpose.
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without CF’s prior written consent. You agree that CF may assign this agreement to a third party without notice.
These Terms and Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
Except as provided for in clause 1.3, these Terms and Conditions constitute the entire agreement between you and CF with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
CF shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason action or any cause which is beyond the reasonable control of CF, including any form of technological failure or the actions of third parties.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The failure by CF to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of CF in respect of any existing or subsequent breach of these Terms and Conditions. Dated: 14/03/2018