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