1.1 Welcome to ClickandCollection.com a trading name of Click and Collection Limited.
1.2 ("Clickandcollection.com", "we", "us" and "our") offers you access to clickandcollection.com, our free online interactive website builder/hosting platform (the "Website") that allows you to create a website hosted at a subdomain URL using the clickandcollection.com domain (each a "Site"). These terms of use and our Privacy Policy document ("Terms of Use" or "Privacy Policy", as applicable) govern your use of the Website.
1.3 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
1.4 If you are agreeing to these Terms of Use on behalf of someone else (your employer for example), then you are warranting to us that you have full legal authority to bind that third party.
1.5 We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
1.6 Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website or any Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.
2.1 In order to publish your Site, you have to become a registered user. You need to be 18 years or older to register. If you are under the age of 18, then you are not permitted to publish a Site, register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
2.2 If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.
2.3 During registration, you will create a user name and password (an "Account"). You are responsible for any use of the Website or a Site using your Account and for safeguarding and maintaining the confidentiality of your Account. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Account. We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
3.1 Becoming a registered user will provide you with 7 day free trial of the platform to assess its suitability for your business. Upon becoming a registered user you will not be asked for credit card details or payment details. During the free trial, each transaction occurring on your Site will be subject to the transaction cost connected with the plan selected.
3.2 If on becoming a registered user you wish to use a paid subscription plan, you will be prompted to fund your account by prepaying a balance through credit/debit card. All prepaid balances are the exclusive property of clickandcollection.com and can be used to purchase, renew or upgrade to other subscription plans, which provides some additional features that are not available on other plans.
3.3 The fees and transaction costs due for any subscription are set out for each subscription plan on our Website. Plans will renew each month if not previously cancelled. Optionally, subscription plans may also be automatically renewed on an annual basis and remain in effect until cancelled by you.
3.4 If you have insufficient funds in your account to perform an upgrade or manual renewal, you will be prompted to add to your account balance. Optionally, you may add a saved payment method (e.g. a credit card) to replenish your account balance or to automatically cover charges in excess of your account balance. If you have insufficient funds in your account to perform an automatic renewal and you do not have a saved payment method, your account will, after a short grace period, be automatically downgraded or hidden and your sites will lose access to some or all the features they may be using. Saved payment methods are stored remotely by our third-party payment providers, and balances are stored in Euros or the currency that you have paid in.
3.5 You may optionally apply to upgrade or downgrade subscriptions.
3.6 Excluding earnings from clickandcollection.com affiliate programme and refunds which shall be granted in our sole discretion, balances cannot be withdrawn. Once funds have been deposited in your account, they can only be used to purchase Products. Except for any sales tax that we may be required to collect on any purchase by you, you are responsible for paying all fees and taxes associated with your use of the Website, if any.
4.1 Subject to the terms and conditions of these Terms of Use, we grant you a limited, non-transferable, and revocable license to use the Website, Website Content, and services. Except for the rights and licenses expressly granted, we reserve all other rights and no other rights are granted by implication or otherwise. We may terminate this license at any time for any reason or no reason and you acknowledge that we reserve the right to discontinue the Website services, in whole or in part, at any time.
4.2 When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.
4.3 Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by using Website Content.
4.4 Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; (ix) violate export laws, including, without limitation, engage in any conduct that restricts or inhibits any other user from using or enjoying the Website; or (xi) solicit other users to join or become members of any commercial online service or other organization without our prior written approval.
4.5 You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
5.1 We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
5.2 You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
5.3 You represent, warrant, and covenant that you will not submit any User Content that: (i) impersonates another or is unlawful, threatening, abusive, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; (ii) any material that is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other protected class or causes damage or injury to any person or property ; (iii) any material that contains Viruses; (iv) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (v) includes sensitive personal information as defined in Directive 95/46/EC; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (viii) is a chain letter of any kind.
5.4 By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Website and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
5.5 We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 4.4 or 5.3 above, to suspend or delete a Site.
5.6 Without prejudice to our other rights in law or equity, we reserve the right without liability to you to suspend your access to the Services and/or terminate this Agreement where you breach the provisions of Clause 4 and this Clause 5 and you shall not thereby be entitled to claim any refund or compensation.
We provide the Website and Website Content for entertainment and/or promotional purposes only. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7.1 The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the Website and all intellectual property rights to the same, including without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Website (collectively, the "Website Content") are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you will not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
7.2 We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may terminate and/or disable the Site and/or users account suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Website or any Site that may be infringing or the subject of infringing activity.
7.3 If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.4 We will investigate notices of copyright infringement and take appropriate action at our discretion.
You agree to indemnify and hold harmless clickandcollection.com and its officers, directors, employees, members, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including professional and legal fees and costs on indemnity basis) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through creation or publication of a Site and any other use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; or (iv) your acts or omissions. You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKANDCOLLECTION.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (i) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (iii) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (iv) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (v) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (vi) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (viii) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10.1 UNDER NO CIRCUMSTANCES SHALL CLICKANDCOLLECTION.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, REVENUE, USE, OR GOODWILL OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CLICKANDCOLLECTION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.
10.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CLICKANDCOLLECTION.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY CLICKANDCOLLECTION.COM DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR €100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
10.3 In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
10.4 This section does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11.1 Publication of a Site not an automatic right; it is a benefit for users who follow our reasonable rules. We hope that you will be with us for a long time, but we do reserve the right in our sole discretion (acting reasonably) and at any time to terminate or suspend your Site and/or block your access to the Website for any reason including, without limitation if you have failed to comply with these Terms of Use. You agree that clickandcollection.com shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
11.2 Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, choice of law, and all of the miscellaneous provisions in Section 14.
These Terms of Use and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ireland. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms of Use, its subject matter or formation (including non-contractual disputes or claims).
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms and our Privacy Policy. The website also uses cookies and by using the website you agree to the placement of cookies. To learn more about the cookies we use and how to manage them please review our Cookie Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other websites.
14.1 If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.2 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure or delay by the Website provider to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
14.3 Unless otherwise expressly provided, no provision of these Terms of Use is intended or shall be construed to confer upon or give to any person or entity other than us and you any rights, remedies or other benefits under or by reason of these Terms of Use.
14.4 The headings used in these Terms of Use are for convenience only and shall not affect the meaning or scope of these Terms of Use or otherwise be given other legal effect.
14.5 You agree that Company shall carry no responsibility for non-fulfilment or delayed fulfilment of its obligations owing to a force majeure event, including but not limited to, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, failure in telecommunications services and networks, shortage of labour, fuel or power or any other cause beyond the control of us which may delay or impede the Website services.
14.6 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
14.7 We have no obligation to resolve disputes between you and another user of the Website services. If such a dispute arises, we may, in our sole discretion and without incurring liability, facilitate communication between you and the other party, or otherwise take any actions we deem appropriate to resolve the dispute. Our goal is to resolve any dispute between you and us quickly and cost-effectively. Accordingly, if you are dissatisfied with the Service or have any claim against us at law or equity, you agree to first contact us directly at [*] to seek dispute assistance.
14.8 These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
14.9 You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. These Terms, and any rights and licenses granted hereunder, may be assigned by us without restriction.
15.1 You agree to pay all fees and charges that relate to your subscription and agreed transaction costs based on all transactions made through ClickandCollection.com software, together with all relevant taxes.
15.2 Debit of Charges. Charges and other sums payable by you, or by us on your behalf, will be debited from you in the manner provided in the Agreement.
15.3 Debits will be debited from the Credit Card linked to Authipay on ClickandCollection. These debits will occur every 10 calendar days or at otherwise agreed intervals.
15.4 In the event of fees not being able to be collected, we will try and collect twice more. If those attempts fail we will suspend the webshop from taking orders until the negative balance has been cleared.