Terms and Conditions of Service

Please read these terms and conditions carefully before using the Service.

  1. Interpretation and Definitions
    • Interpretation

      The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

    • Definitions
      • For the purposes of these Terms and Conditions:
      • Applicable Law means the law of South Australia
      • Country means Australia
      • Provider (referred to as either “the Provider”, “We”, “Us” or “Our” in this Agreement) refers to Kono Designs.
      • Device means any device that can access the Service and includes a computer, a smart phone or a digital tablet.
      • Product means Clerkible, and any content created via Clerkible.
      • Service refers to the Website and the Product and includes all software, data, text, images, and other content made available through the Website and the Product, but does not include and Third-party Services.
      • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Provider regarding the use of the Service.
      • Third-party Services means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
      • Website refers to Clerkible accessible at www.clerkible.com.au and its subdomains.
      • You/User means the individual accessing or using the Service, or the company, or other legal entity or organisation on behalf of which such individual is accessing or using the Service, as the case may be.
      • User Content refers to any text, images, videos, reviews or other content created and published by the user whilst engaging in the Service.
  2. Application of Terms and Conditions
    • These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Provider. These Terms and Conditions set out Your rights and obligations and the rights and obligations of all Users regarding the use of the Service.
    • Your access to and use of the Service is subject to and evidence of Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Users and others who access the Website or use the Service.
    • By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
    • Your access to and use of the Service is also conditional on Your acceptance of and compliance with the Privacy Policy of the Provider. Please read Our Privacy Policy carefully before using the Website and the Service. The Privacy Policy can be accessed at www.clerkible.com.au.
  3. User Accounts
    • Registration
      • You must register for an account to access features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
    • Account Responsibility
      • You are responsible for safeguarding your account, including maintaining the confidentiality of your account information and password. You are responsible for all activities that occur under your account, whether or not you have authorised such activities.
  4. Use of the Service
    • You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms ("Your Licence").
    • You agree not to use the Service for any illegal or unauthorised purpose, and you agree and warrant that you will abide by all applicable laws, contracts, intellectual property, and third-party rights. Any infringement of laws or third-party rights is the sole responsibility of the User.
    • Prohibited Conduct You agree not to engage in any conduct that violates these Terms or applicable laws. Prohibited conduct includes, but is not limited to, the following:
      • a) Unauthorized access or use of the Service;
      • b) Interfering with or disrupting the Product or its systems;
      • c) Reverse engineering, decompiling, or disassembling the Service
      • d) Uploading or transmitting viruses, malware, or any other harmful code;
      • e) Violating the intellectual property rights of others;
      • f) Engaging in any activity that may cause harm to the Product or its users;
      • g) Engaging in any unsolicited advertising, marketing, or other activities, including any form of spam or unsolicited bulk email.
      • h) Posting, linking to, or otherwise making available any information that is harmful, threatening, defamatory, obscene, or otherwise objectionable as determined by the Provider.
      • i) Using any automated means or interface not provided by us to access the Service or to extract data.
      • j) Circumventing or attempting to circumvent any filtering, security measures, or rate limits on the Service.
    Engaging in prohibited conduct will result in immediate termination of the licence by the Provider and deletion of Your user account.
  5. User Content
    • You retain all your rights to any text, images, or other content you submit to the Service ("User Content").
    • You grant the Provider a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and perform your User Content on the Service and to use your User Content to improve and develop the Service and other services and websites owned or operated by the Provider.
  6. Links to Other Websites
    • Our Service may contain links to Third-party Services that are not owned or controlled by the Provider.
    • The Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-party websites or services.
    • You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
    • You should read and familiarise yourself with the terms and conditions and privacy policies of any third-party web sites or services that You visit.
  7. Termination
    • We may terminate or suspend Your Licence at any time without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
    • Upon termination, Your right to use the Service will cease immediately.
    • You can terminate Your Licence at any time, including by requesting that We delete your account, provided that You have paid any outstanding liabilities to the Provider for Your use of the Service.
  8. Limitation of Liability
    • Notwithstanding any damages that You might incur and to the extent permitted by the Applicable Law, the liability of the Provider and any of its suppliers under any provision of this Terms and Your exclusive remedy for all loss or damage suffered by You shall be limited to the amount actually paid by You through the Service, if anything.
    • To the maximum extent permitted by applicable law, in no event shall the Provider or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Provider or any supplier has been advised of the possibility of such damages.
    • Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
  9. Disclaimer
    • The Service is provided to You “as is” and “as available” basis.
    • We make no warranty that the Service does not contain faults or defects.
    • To the maximum extent permitted under the applicable law, the Provider expressly disclaims all warranties, whether express or implied, statutory or otherwise, with respect to the Service, including all implied warranties title and non-infringement of intellectual property rights.
    • Without limiting the foregoing, the Provider makes no warranty or undertaking, and no representation of any kind that the Service will:
      • a) meet Your requirements;
      • b) achieve any intended results;
      • c) be compatible or work with any other software, applications, systems or services;
      • d) operate without interruption;
      • e) meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
    • Without limiting the foregoing, the Provider makes no representation or warranty of any kind, express or implied:
      • a) as to the operation or availability of the Service, or the information, content, and materials or products;
      • b) that the Service will be uninterrupted or error-free;
      • c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
      • d) that the Service, its servers, the content, or e-mails sent from or on behalf of the Provider are free of harmful components
    • Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under the law of the relevant jurisdiction.
  10. Applicable Law
    • The Applicable Law governs Your use of the Service.
    • Your use of the Product and the Service may also be subject to other local, state, national, or international laws.
    • You acknowledge and warrant that You are complaint with the relevant laws of the jurisdiction that may apply to your use of the Service, if governed by laws other than the Applicable Law.
  11. Severability and Waiver
    • Severability
      • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    • Waiver
      • Unless otherwise provided in these Terms and Conditions, the failure of a party to exercise a right or to require performance of an obligation under these Terms shall not affect its ability to exercise such right or require such performance at any later time, nor constitute a waiver of any subsequent breach.
    • Changes to These Terms and Conditions
      • We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at notice prior to any new terms taking effect.
        By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You should not use the website and the Service.