Website terms and conditions
1. Clipped Assist Digital Platforms
These terms and conditions (‘Terms’) apply when you visit or use an app, social media site, online account or website operated by or on behalf of Clipped Assist (us, we, our) referred to collectively in these terms and conditions as the ‘Digital Platforms‘.
2. Conditions of Use
Your use of our Digital Platforms is governed by these terms and conditions and any additional terms and conditions posted on any of our Digital Platforms from time to time (‘Additional Terms‘). Should any term within these Terms conflict with the Additional Terms of a particular Digital Platform, the Additional Terms will prevail to the extent of the conflict.
By continuing to use a Digital Platform you consent and agree to these Terms and any applicable Additional Terms.
3. Online Transactions
You can purchase Clipped Assist memberships, products and services online as either:
- a logged in user; or
- as a visitor (or non-logged in member).
If, for whatever reason, we do not receive confirmation of payment, we are not liable to you in any way for loss or damage, however caused, arising directly out of, or indirectly in connection with, the transmission of your confirmation to us.
Payments must be made using a payment method acceptable to us. The payment methods we accept in a Digital Platform will be notified to you at the time of the transaction (‘Payment Method’). You can complete your payment using a Digital Platform by completing the details for your preferred Payment Method as prompted in the relevant payment form.
Payments must be made using a Payment Method. All payments must be paid in full by clear funds by the due date specified in the relevant confirmation at the time of purchase, renewal or amendment (as the case may be) of the applicable policy or service.
4. Digital Accounts
Some of our Digital Platforms require or otherwise allow you to set up accounts (‘Digital Account’). The services and transactions accessible by a Digital Account will vary between our Digital Platforms.
You can set up a Digital Account by completing the registration process on the applicable Digital Platform and providing details as specified by the Digital Platform, including a username and password that you may use to log into your Digital Account at later times (‘Login Details’). You may also need to accept any Additional Terms that govern your use of the relevant Digital Account and the services it provides.
5. Linking to our Clipped Assist Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Clipped Assist website must not be framed on any other site, nor may you create a link to any part of the Clipped Assist website other than the home page. We reserve the right to withdraw linking permission without notice.
6. Digital Platform Features
Our Digital Platforms may contain or offer tools, calculators, software programs or other features to assist you in choosing from and understanding our products and services.
While we have taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.
Any figures used by these features in calculations are estimates only and may not take account of your particular circumstances.
7. Access
We make no representation in relation to and do not warrant that functions available on a Digital Platform will be uninterrupted or error free, that defects will be corrected, or that a Digital Platform or the server that makes it available are free of viruses or bugs.
You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8. Privacy
Your privacy is governed by our Privacy Policy, which can be viewed at https://clippedassist.com/privacy-policy.
9. IP, Digital Platforms and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Digital Platforms, as between you and us, remain our property and are protected by copyright laws and treaties around the world. We reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on any Digital Platform nor may you use any such content in connection with any business or commercial enterprise.
10. Advertising
Individual advertisers are solely responsible for the content of any advertising material which is submitted to us and published on a Digital Platform, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any third party advertising material published on a Digital Platform.
11. Disclaimers
The information on our Digital Platforms is for general information purposes only. You must not rely on any statement on our Digital Platforms without taking specialist advice. While we endeavour to ensure the accuracy and completeness of the information contained our Digital Platforms, we make no warranties and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
We make no representations or warranties and exclude all liability to the fullest extent permitted under applicable law:
- in relation to any of the material of our Digital Platforms (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
- in relation to any material of any other websites referred to or accessed by a hyperlink through a Digital Platform (‘Third Party Websites’). We do not endorse or approve the material of any Third Party Website, nor will we have any liability in connection with any Third Party Website howsoever arising; or
- that our Digital Platforms, or any of their material, is virus free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using our Digital Platforms.
12. Prohibitions
You must not misuse any Digital Platform. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through the Digital Platforms.
Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Without limitation to clause 13 of these Terms, We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this the Digital Platforms or to your downloading of any material posted on it, or on any linked sites.
13. Liability and Indemnity
You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any Additional Terms or any other legal obligation by you or your use of or conduct on our Digital Platforms.
We do not exclude any rights and remedies available to you under the Competition and Consumer Act 2010 (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via our Digital Platforms which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law.
To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:
- in the case of services supplied or offered by us:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied; and
- in the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
You agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising from your use of the Digital Platforms.
14. General
These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after the variation has been posted.
We may amend, remove, or vary the Digital Platforms and / or provided services provided under such Digital Platforms from time to time in our absolute discretion.
If any of these Terms are determined to be unfair, illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
The information on our Digital Platform is provided for Australian residents only. Terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.