Innovating Lead Generation, Serving Businesses & Marketers Worldwide

Terms and Conditions

The DEFINITIONS

The following expressions shall have the following meanings:

  • "CliqForms” means CLIQ ONLINE PTY LTD of 81-83 Campbell Street, Surry Hills, NSW 2010, Australia.
    "Agent" means CliqForms"
  • “Client” or "Customer" means any person or company that purchases Services from the Agent;
  • “Proposal” means a proposal, application, quotation or other similar object describing the agency Services;
  • “Services” means the agency as described in the Proposal;
  • “Fee” means the monies due to the Agency from the Client for providing the Services;
  • “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Right in any part of the world whether or not presently existing or applied for;
  • “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent and conditions agreed in writing by the Agent;
  • “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;

2 GENERAL

  • These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall any other documentation or communication between parties.
  • Any variation to these Terms and Conditions must be agreed in writing by the Agent.
  • These Terms and Conditions shall be attached to any Proposal and signed and returned to the Agent by the Client.
  • Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
  • The Agency acts as a principal at law and not as the agent of the Client in all its dealings with third party suppliers and shall be responsible to such parties for payment of their fees/invoices.
3 PROPOSAL
  • The Proposal is attached to these Terms and Conditions.
  • The Proposal shall remain valid for acceptance for a period of 14 days.
  • The Proposal must be accepted by the Client in its entirety.
  • The Agreement between the Agent and the Client, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance in writing to the Client.
4 SERVICES
  • The Services are as described in the Proposal.
  • Any variation to the Services must be agreed by the Agent in writing.
  • The Services shall commence and on the dates specified on the Proposal unless terminated according to the terms of this Agreement.
  • Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall be of the essence of the Agreement and the Agent shall not be held liable for any loss, damages, charges or expenses caused directly or indirectly by any delay in the Services.
  • The Client appoints the Agent as a provider of advertising agency services in respect of the Services plus any other brands launched or acquired by the Client which the parties agree should be covered by this Agreement.

5 PRICE AND PAYMENT

  • The Fee is as specified in the Proposal and is inclusive of VAT (if applicable) any other charges as outlined in that document.
  • The terms for payment are as specified in the Proposal.
  • The Client hereby agrees to reimburse the Agent in respect of all reasonable travel, subsistence and courier expenses incurred by the Agent in performing the Services, and in respect of any other reasonably incidental, provided they are approved in advance by the Client.
  • The Client shall pay all reasonable legal fees related to the creation of the Advertising as well as production, licensing and for use and shall pay all other third party costs (including licensing and performer fees) associated with producing the Advertising provided they are approved in advance by the Client.
  • The Client must settle all payments for Services within 7 days from the invoice date.
  • The Agent is entitled to recover all expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
  • The Client is not entitled to withhold any monies due to the Agent.
  • The Agent is entitled to vary the price to take account of:
  • any additional Services requested by the Client which were not included in the original Proposal;
  • any additional work required to complete the Services which was not anticipated at the time of the Proposal;
  • any reasonable increase in hourly, if applicable; and any variation must be intimated to the Client in writing by the Agent.
6 SUB CONTRACTS
  • The Agent shall monitor all production companies and suppliers to whom work is allocated on a sub-contracting basis to ensure that:
  • all deadlines are met and that all budgets are not exceeded;
  • all necessary consents, clearances and licences are obtained;
  • all necessary consents, clearances and licences are obtained in respect of copyright and any other rights performances, music and all other constituent elements of the advertising as defined in the description of the Services;
  • all artists are properly contracted for, repeats and/or buy-outs.
7 CLIENT OBLIGATIONS
  • The Client agrees to cooperate with the Agent and shall provide any support, information and facilities to the Agent as may be required.
  • The Client agrees to refrain from indirectly recruiting any person employed or engaged by the Agent for the purpose of providing the Services for a period of six months following completion of the Services.
  • The Client shall nominate a named to whom all requests for approval should be sent by the Agent.
  • The Client’s written approval of copy or artwork will be the Agent’s authority to buy production materials and prepare proofs. The Client’s written approval of television, cinema and radio scripts and/or will be the Agent’s authority to enter into production agreements and to engage performers.
  • The Client agrees to fill in the on-boarding form for the set-up of the account within 14 days.
  • The Client agrees to not create multiple cliqforms accounts of the Free pricing tier.
8 AGENT OBLIGATIONS
  • The Agent shall supply the Services as specified in the Proposal.
  • The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
  • The Agent shall have the authority to any obligations to other employees or subcontractors but undertakes to notify the Client of any significant changes to personnel.
  • The Agent will maintain appropriate in accordance with industry practice.
  • The Agent shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Client.
  • The Agent will provide exclusive services for digital marketing to IVF clinics within the Czech Republic area.
9 INTELLECTUAL PROPERTY
  • Any Intellectual Property Rights created as a product of the Services shall remain the property of the Agent and/or its.
  • On termination of this Agreement and subject to payment of all monies due to the Agent under it, the Agent shall, in of the payment of £1.00, assign absolutely to the Client all intellectual property rights in all advertising created by the Services, to the extent that such intellectual property rights are vested in the Agent.
  • The Client shall provide the Agent with copies of all trademarks and other intellectual property that represents the of the Client which are to be included in the performance of the Services. The Client hereby the Agent a royalty free licence to use, copy and reproduce such trademarks and for the purpose of developing the advertising created by the Services.
  • The Agent will use all reasonable efforts to obtain all copyright and a waiver of moral rights in respect of work acquired from third parties but it cannot undertake that in all cases it will be able to do so. In the event that the Agent is unable to obtain copyright or a waiver of moral rights in respect of such work the shall inform the Client before any appropriate agreement is entered into.
  • The Client agrees that on termination of this agreement the Agent shall be entitled to use the advertising products created by the solely for its own internal and external promotional purposes.
10 CONFIDENTIALITY
  • The parties agree to keep all confidential information in relation to the business of the other confidential during and after the term of the Agreement. This clause 10.1 will not apply to:
  • any information which has been other than through a breach of this Agreement;
  • information in the possession of the recipient party before the disclosure under this Agreement took place;
  • information obtained from a party who is free to disclose it;
  • information which a party is required by law to disclose.
11 TERMINATION
  • The Agreement shall continue until the Services have been provided in terms of the Proposal or any subsequent date as agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
  • The Client may terminate the Agreement anytime to the end of the current month.
  • The Agent may terminate the Agreement at any point in time.
  • Either party may terminate the Agreement by notice in writing to the other if:
  • the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
  • the other party commits a material of these Terms and Conditions which cannot be remedied under any circumstances; or
  • the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
  • the other party ceases to carry on its business or substantially the whole of its business; or
  • the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
  • In the event of termination the Client must make over to the Agent any payment for work done and expenses incurred up to the date of termination.
  • Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
12 STATEMENTS
  • The Client and the Agent agree to:
  • inform each other immediately if any claim, statement or representation in any copy to be published is, or is likely to be defamatory, in breach of copyright, in breach of the terms of any Act or provision of law, or is in any other way unlawful;
  • inform each other without delay if it considers any claim or trade description in any copy is false or misleading in relation to the product or service to be advertised.
13 WARRANTY

Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

14 LIMITATION OF LIABILITY
  • Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Client’s claim is first notified.
  • The Agent cannot guarantee any follower increase throughout the agreement.
  • The Agent will not be responsible in case Twitter takes action on your account, including filtering your Tweets from search results or suspending your account.
  • As part of the agreement the agent will make all efforts to avoid engagement with profiles who are linked to Pornography, Political Activists, Drugs, Explicit Material, Crime, Violence or similar contents. However, due to the open nature of the Twitter platform engagement with these profiles cannot be entirely avoided.
15 INDEMNITY

The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.

16 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

17 ASSIGNMENT

The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.

18 THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

19 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

20 WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

21 NOTICES

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

22 ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

23 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of NSW, Australia and the parties hereby submit to the exclusive jurisdiction of the courts.

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

  • "CliqForms", "we", "us", or "our" means CLIQ ONLINE PTY LTD (ABN: 75 685 058 440), a company registered in Australia, trading as CliqForms, with its registered office at 81-83 Campbell Street, Surry Hills, NSW 2010, Australia.
  • "Platform" means the CliqForms web application, tools, APIs, and related services available at cliqforms.com and forms.cliqforms.com.
  • "User", "you", or "your" means any individual or organisation that registers for or uses the Platform.
  • "Account" means your registered user account on the Platform.
  • "Subscription" means a paid or free plan that grants you access to the Platform and its features.
  • "Form Data" means any data submitted by end users through forms created using the Platform.
  • "Content" means all text, images, form structures, designs, and other material you create or upload using the Platform.
  • "Services" means all products, features, and tools provided by CliqForms, including form building, QR code generation, landing pages, and electronic signatures.
  • "Intellectual Property Rights" means all patents, trademarks, copyright, design rights, database rights, and other proprietary rights, whether registered or unregistered, anywhere in the world.
  • "Agreement" means these Terms and Conditions together with our Privacy Policy, Cookie Policy, and any applicable Order Form or Subscription confirmation.

2. Acceptance of Terms

  • By creating an Account, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
  • If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
  • We reserve the right to update these Terms at any time. We will notify you of material changes by email or by posting a notice on the Platform. Your continued use of the Platform after such notice constitutes acceptance of the updated Terms.
  • These Terms were last updated on the Effective Date shown above.
3. Account Registration and Security
  • You must register an Account to access most features of the Platform. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
  • You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.
  • You must notify us immediately at hi@cliqforms.com if you suspect any unauthorised access to or use of your Account.
  • You must not share your Account with any other person or allow others to access the Platform using your credentials.
  • We reserve the right to suspend or terminate any Account where we reasonably suspect that account details have been shared, compromised, or used fraudulently.
  • You must be at least 18 years of age to register an Account. By registering, you confirm that you meet this requirement.
4. Services and Subscriptions
4.1 Free Trial
  • CliqForms may offer a free trial period to new users. Free trials are subject to usage limits as specified on the Pricing page.
  • No payment details are required to access the free tier unless you choose to upgrade to a paid plan.
  • We reserve the right to modify or discontinue the free trial offering at any time.
4.2 Paid Subscriptions
  • Paid Subscriptions are offered on a monthly or annual basis as set out on our Pricing page at cliqforms.com/pricing.
  • Subscription fees are charged in advance at the start of each billing cycle.
  • All payments are processed by Paddle, our authorised payment processor. By subscribing, you agree to Paddle's terms of service.
  • Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date.
  • You may upgrade or downgrade your Subscription plan at any time. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle.
4.3 Cancellation and Refunds
  • You may cancel your Subscription at any time via your Account settings. Your access to paid features will continue until the end of the current billing period.
  • We do not offer refunds for partial billing periods, except where required by applicable consumer protection law (including the Australian Consumer Law).
  • If we terminate your Account due to a material breach of these Terms, no refund will be provided.
4.4 Price Changes
  • We reserve the right to change Subscription pricing. We will provide at least 30 days' notice of any price increase by email. Continued use of the Platform after the price change takes effect constitutes your acceptance of the new pricing.

5. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform:

  • To collect, process, or store personal data in a manner that violates any applicable privacy law, including the Australian Privacy Act 1988, the EU General Data Protection Regulation (GDPR), or any other applicable data protection legislation.
  • To send unsolicited commercial communications (spam) or to engage in phishing, fraud, or deceptive practices.
  • To collect data from minors under the age of 16 (or the applicable age of digital consent in the relevant jurisdiction) without verifiable parental consent.
  • To upload or distribute malicious code, viruses, or any software designed to damage, disrupt, or gain unauthorised access to any system.
  • To impersonate any person or entity or falsely represent your affiliation with any person or entity.
  • The Agent is entitled to recover all expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
  • To engage in any activity that infringes the Intellectual Property Rights of CliqForms or any third party.
  • To create multiple free accounts to circumvent usage limits.
  • To resell, sublicense, or commercially exploit the Platform without our express written consent.
  • To use the Platform in connection with any illegal activity, including but not limited to money laundering, drug trafficking, or financial fraud.
  • any reasonable increase in hourly, if applicable; and any variation must be intimated to the Client in writing by the Agent.

We reserve the right to suspend or terminate Accounts and remove Content that we reasonably believe violates this Acceptable Use Policy, without prior notice.

6. Platform Abuse and Fraudulent Form Use

We reserve the right to suspend or terminate Accounts and remove Content that we reasonably believe violates this Acceptable Use Policy, without prior notice.

6.1 Prohibited Form Purposes

You must not create, publish, or distribute forms using the Platform for any of the following purposes:

  • Phishing and credential harvesting — creating forms designed to trick individuals into submitting passwords, banking credentials, government identification numbers, credit card details, or other sensitive personal information under false pretences.
  • Impersonation fraud — creating forms that impersonate a bank, government agency, well-known brand, employer, or any other organisation or individual in order to deceive respondents.
  • Fake surveys and research — conducting fraudulent surveys, polls, or research studies that misrepresent their purpose, sponsor, or how collected data will be used.
  • Prize and lottery scams — operating fake competitions, giveaways, or prize draws designed to collect personal or financial information from respondents who falsely believe they have won or may win something of value.
  • Investment and financial fraud — using forms to collect money, financial details, or expressions of interest for fraudulent investment schemes, Ponzi schemes, or any other deceptive financial product.
  • Advance fee fraud — using forms as part of any scheme in which respondents are deceived into paying upfront fees in expectation of a larger reward that does not exist.
  • Illegal data harvesting — bulk collecting personal data including names, addresses, email addresses, or phone numbers without a lawful basis or disclosed purpose, for the purpose of selling, trading, or exploiting that data.
  • Unauthorised payment collection — collecting payment card details or bank account information outside of a lawful, disclosed, and secure payment process.
  • Employment and recruitment fraud — posting fake job applications or recruitment forms to harvest personal information from job seekers under false pretences.
  • Charity and donation fraud — soliciting donations through forms while misrepresenting the recipient organisation, its charitable status, or how funds will be used.
  • Health and medical fraud — collecting personal health information under false pretences, or using forms to promote unregistered medical treatments, illegal pharmaceuticals, or health scams.
6.2 Prohibited Data Collection Practices

Regardless of the stated purpose of a form, you must not use the Platform to:

  • Collect sensitive personal data — including health information, biometric data, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, or financial account details — without explicit, informed consent from respondents and a clear, lawful purpose.
  • Collect personal data from children under the age of 16 (or the applicable age of digital consent in the relevant jurisdiction) without verifiable parental or guardian consent.
  • Use pre-ticked consent boxes, hidden fields, or deceptive form design to obtain consent that respondents have not meaningfully given.
  • Share, sell, or transfer Form Data collected through the Platform to third parties without the knowledge and consent of the individuals who provided that data.
  • Use Form Data for a purpose that is materially different from the purpose disclosed to respondents at the time of collection.
6.3 Prohibited Technical Misuse

You must not use the Platform in any technically abusive manner, including:

  • Automated or bot-driven submissions — using scripts, bots, or automated tools to generate fake form submissions, inflate response counts, or manipulate form data.
  • Form scraping — using automated tools to extract data from other users' forms or the Platform itself without authorisation.
  • Embedding forms on malicious websites — publishing CliqForms-hosted forms on websites that contain malware, drive-by downloads, or other harmful content.
  • Bypassing security controls — attempting to circumvent any access controls, rate limits, CAPTCHA systems, or other security measures on the Platform.
  • Stress testing or load attacks — deliberately submitting excessive volumes of requests or form submissions with the intention of degrading Platform performance.
6.4 Reporting Abuse
  • If you become aware of any form on the Platform that you believe is being used for fraudulent, deceptive, or abusive purposes, please report it immediately to hi@cliqforms.com with the subject line 'Abuse Report'.
  • We will investigate all abuse reports promptly and take appropriate action, which may include removing the form, suspending the Account, and reporting the matter to relevant law enforcement authorities.
  • We will not disclose the identity of individuals who submit abuse reports except where required by law.
6.5 Consequences of Abuse
  • Any Account found to be in breach of this Section 6 will be suspended or permanently terminated immediately, without prior notice and without refund.
  • We reserve the right to preserve and disclose Account data, Form Data, and activity logs to law enforcement or regulatory bodies where we reasonably believe that illegal activity has occurred or is likely to occur.
  • We may pursue civil remedies against users whose abuse causes loss or damage to CliqForms, other users, or third parties.
7. Data, Privacy and Security
7.1 Your Form Data
  • You retain ownership of all Form Data collected through forms you create on the Platform.
  • By using the Platform, you grant CliqForms a limited, non-exclusive licence to process Form Data solely for the purpose of providing and improving the Services.
  • You are solely responsible for ensuring that your collection and use of Form Data complies with all applicable privacy laws, including obtaining any required consent from your end users.
7.2 Data Processing
  • Where CliqForms processes personal data on your behalf (as a data processor), we do so in accordance with our Privacy Policy, available at cliqforms.com/privacy-policy.
  • For users subject to GDPR or other applicable data protection laws, a Data Processing Agreement (DPA) is available upon request at hi@cliqforms.com.
  • CliqForms stores data on servers hosted by DigitalOcean. Data may be processed in Australia or other jurisdictions where DigitalOcean operates. We take appropriate steps to ensure cross-border data transfers comply with applicable law.
7.3 Security
  • We implement industry-standard security measures, including encrypted API keys, role-based access controls, and secure authentication, to protect the Platform and data stored on it.
  • Notwithstanding our security measures, no system is completely secure. You are responsible for securing your Account credentials and for any Content you upload to the Platform.
  • In the event of a data breach that is likely to result in a risk to individuals, we will notify affected users and relevant authorities as required by applicable law, including within 72 hours where required under GDPR.
7.4 Data Retention and Deletion
  • We retain your Account data and Form Data for as long as your Account is active. Upon termination of your Account, we will retain your data for 30 days, after which it will be deleted unless a longer retention period is required by law.
  • You may request deletion of your data at any time by contacting hi@cliqforms.com. We will process such requests in accordance with our Privacy Policy and applicable law.
8. Electronic Signatures
  • CliqForms provides electronic signature functionality as part of the Services. Electronic signatures created through the Platform are intended to be legally binding in jurisdictions that recognise electronic signatures, including under the Australian Electronic Transactions Act 1999 and the EU eIDAS Regulation.
  • You are responsible for ensuring that the use of electronic signatures via the Platform is appropriate and legally valid for your specific use case and jurisdiction. We recommend seeking independent legal advice for high-value or legally sensitive transactions.
  • CliqForms does not provide legal advice and does not guarantee the legal enforceability of any specific electronically signed document.
  • We maintain audit trails and signing records for documents signed via the Platform. These records are available to you through your Account dashboard.
  • You must not use the electronic signature feature to execute documents involving fraud, coercion, or other unlawful purposes.
9. INTELLECTUAL PROPERTY
9.1 Our Intellectual Property
  • CliqForms and all of its underlying technology, software, code, designs, trademarks, and content (excluding your Content) are owned by CLIQ ONLINE PTY LTD or our licensors and are protected by applicable Intellectual Property Rights.
  • We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the purposes described in these Terms. This licence does not include the right to sublicense, resell, copy, or modify the Platform or its underlying code.
9.2 Your Content
  • You retain all Intellectual Property Rights in the Content you create using the Platform.
  • By uploading Content to the Platform, you grant CliqForms a limited licence to host, display, and process your Content solely for the purpose of providing the Services.
  • You warrant that your Content does not infringe any third-party Intellectual Property Rights, and you indemnify CliqForms against any claims arising from such infringement.
10. Third-Party Integrations and Services
  • The Platform integrates with various third-party services including Paddle (payment processing), Postmark (email delivery), Google Analytics, Zapier, and others. Your use of these integrations is subject to the respective third-party terms of service.
  • CliqForms is not responsible for the availability, accuracy, or reliability of any third-party services. We will not be liable for any loss or damage arising from your use of third-party integrations.
  • We may add, modify, or remove third-party integrations at any time. Where this materially affects your use of the Platform, we will provide reasonable notice.
11. Service Availability and Maintenance
  • We aim to provide a reliable and available Platform, but we do not guarantee uninterrupted access. Scheduled maintenance, security updates, or events beyond our control may result in temporary unavailability.
  • We will endeavour to provide advance notice of scheduled maintenance where practicable.
  • We are not liable for any loss or damage resulting from Platform downtime or unavailability.
12. Limitation of Liability
  • To the maximum extent permitted by applicable law, CliqForms shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, arising from your use of or inability to use the Platform.
  • Our total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total amount paid by you to CliqForms in the 12 months preceding the event giving rise to the claim, or AUD $100, whichever is greater.
  • Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, death, or personal injury caused by negligence, or any liability that cannot be excluded or limited under applicable law, including the Australian Consumer Law.
  • We do not warrant that the Platform will be free from errors, bugs, or security vulnerabilities. We provide the Platform on an 'as is' and 'as available' basis.
13. Indemnity

You agree to indemnify, defend, and hold harmless CLIQ ONLINE PTY LTD, its directors, employees, contractors, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Platform in breach of these Terms;
  • Your Content or Form Data infringing any third-party rights;
  • Your violation of any applicable law or regulation; or
  • Any dispute between you and your end users.
14. Confidentiality
  • Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms and not to use such information for any purpose other than performing its obligations under these Terms.
  • This obligation does not apply to information that is or becomes publicly available other than through a breach of this clause, information already known to the recipient, or information required to be disclosed by law.
15. Termination
  • You may terminate your Account at any time by cancelling your Subscription and deleting your Account via your Account settings, or by contacting us at hi@cliqforms.com.
  • We may suspend or terminate your Account immediately, with or without notice, if we reasonably believe that you have breached these Terms, your use poses a security risk to the Platform or other users, or you have engaged in fraudulent or illegal activity.
  • On termination for any reason, your right to access the Platform ceases immediately. We will retain your data for 30 days following termination, after which it will be permanently deleted.
  • Termination does not affect any rights or liabilities accrued before the date of termination.
  • Clauses 9 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnity), 14 (Confidentiality), and 18 (Governing Law) survive termination of these Terms.
16. Cookies and Tracking
  • The Platform uses cookies and similar tracking technologies for functionality, analytics, and performance purposes. Full details are set out in our Cookie Policy at cliqforms.com/cookie-policy.
  • By using the Platform, you consent to our use of cookies as described in our Cookie Policy. You may withdraw consent at any time by adjusting your browser settings or using our cookie consent manager.
17. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government action, pandemic, power outages, or internet infrastructure failures. The affected party will notify the other as soon as practicable and will use reasonable efforts to resume performance as soon as possible.

18. Governing Law and Dispute Resolution
  • These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
  • For users located in the European Union, nothing in these Terms limits your rights under applicable EU consumer protection laws or GDPR.
  • We encourage you to contact us in the first instance at hi@cliqforms.com to resolve any dispute informally before commencing formal legal proceedings.
19. General Provisions
19.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and CliqForms in relation to the Services and supersede all prior agreements and representations.

19.2 Severance

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it at a later date.

19.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets.

19.5 Notices

All legal notices to CliqForms must be sent in writing to hi@cliqforms.com or to our registered address at 81-83 Campbell Street, Surry Hills, NSW 2010, Australia. We may send notices to you at the email address registered on your Account.

19.6 Third Party Rights

These Terms do not confer any rights on any third party.

20. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

CLIQ ONLINE PTY LTD

Email: hi@cliqforms.com

Website: www.cliqforms.com

Address: 81-83 Campbell Street, Surry Hills, NSW 2010, Australia