1. Introduction and Acceptance
1.1 Welcome to ClickandCollection.com a trading name of Click and Collection Limited.
2. How the Website Works
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. Subscription and Fees
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. Website Access and Use
4.2 When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.
5. User Content
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.
5.5 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.
6. Website Content & Third Party Links
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. Intellectual Property
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 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. Limitation on Liability
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.
12. Choice of Law; Jurisdiction and Venue
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.
14.5 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.
14.7 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.
15. AIBMS Authipay Gateway Fees and Charges
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.