6clicks Marketplace Terms and Conditions

6clicks Trading Pty Ltd ACN 634 263 166 of 165 Martin Street, Brighton Victoria 3186, Australia (6clicks) owns and operates this marketplace (Marketplace). Access to and use of this Marketplace and the products and services available through this Marketplace (collectively, Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Marketplace, you are agreeing to these Terms of Use, as may be updated by us from time to time. 

1. Amendments to Terms of Use

6clicks reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Marketplace. Your continued use of the Marketplace following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

2. Marketplace

(a)    Access to this Marketplace is permitted for free, on a temporary basis, and we reserve the right to withdraw or amend the Marketplace or the Services without notice. We will not be liable if, for any reason, this Marketplace is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Marketplace.
(b)    6clicks has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Marketplace.

3. Accounts 

You are responsible for any and all activity that happens under your account including maintaining the confidentiality of your user names and passwords. 6clicks will not be liable for any loss that you may incur as a result of someone else using your username, passwords or your account, either with or without your knowledge. However, you will be held liable for losses incurred by us or by another party due to someone else using your username, passwords or your account.

4. Linked Sites

(a)    You may include a link to your website on the Marketplace to offer your Services (Linked Sites). 6clicks does not have any control over the content and any Services offered via the Linked Sites and accepts no responsibility for the Linked Sites or for any loss or damage that you may suffer from the Linked Sites. You are responsible for the information contained within the pages of your Linked Sites including but not limited to ensuring: 
(i)    that all information contained within is accurate, true, complete and up to date including but not limited to the description, specifications, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content;
(ii)    that all information contained within is not misleading or deceptive or likely to mislead or deceive a user;
(iii)    the integrity of all dealings that you have with any users including but not limited to providing information about the terms and conditions of your Services and honoring any sales or arrangements agreed to with other users; and
(iv)    that your Services comply with any laws, regulations, rules, trade sanctions, trade embargoes or ordinances that may apply in connection with your Services.
(b)    6clicks has the right to remove any page, information or withdraw linking permission without notice where we deem that you are in breach of these Terms of Use. 6clicks will not be liable for any loss or damage suffered by you in connection with our removal of any page, information or withdrawing any linking permission.

5. Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found at https://www.6clicks.com/privacy. By using this Marketplace, you consent to us handling your personal information described in the privacy policy and you warrant that all personal information provided by you is accurate.

6. Prohibitions

(a)    You must not use the Marketplace for purposes for which it was not intended.  In particular, you agree that you will not:
(i)    commit or encourage a criminal offense;
(ii)    transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii)    hack into any aspect of the Service; corrupt data; cause annoyance to other users;
(iv)    infringe upon the rights of any other person's proprietary rights;
(v)    attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover or attempt to derive the source code or underlying program of any software making up the Marketplace;
(vi)    harvest or otherwise collect information (including personal information) about other users of the Marketplace for any purpose whatsoever;
(vii)    send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(viii)    attempt to affect the performance or functionality of any computer facilities of or accessed through this Marketplace.
(b)    We will not be liable for any loss or damage caused to you by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Marketplace or to your downloading of any material posted on it, or on any Linked Sites.

7. Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Marketplace remain the property of 6clicks or its licensors and are protected by intellectual property law. All such rights are reserved by 6clicks and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Marketplace.

8. Disclaimer of Liability

(a)    To the fullest extent permitted by law, the material displayed on this Marketplace is provided without any guarantees, conditions or warranties as to its accuracy. 
(b)    To the fullest extent permitted by law, 6clicks hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Marketplace or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

9. Linking to this Marketplace

You may include a link to the Marketplace on your website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Marketplace must not be framed on any other site, nor may you create a link to any part of this Marketplace other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, or Services featured on this Marketplace are in no way associated, linked or affiliated with 6clicks and you should not rely on the existence of such a connection or affiliation. Any trade marks featured on this Marketplace are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 6clicks.

11. Payments 

6clicks does not facilitate any payments for the purchase of any of the Services. You are responsible for facilitating and collecting payment for any Service sold by you on the Marketplace and you are solely liable for any taxes which may be imposed on your Services. 

12. Indemnity

You agree to indemnify, defend and hold harmless 6clicks, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Marketplace or your breach of the Terms of Use.

13. Termination 

We may in our sole discretion immediately suspend, terminate or limit your access to the Marketplace if we deem that you are in breach of these Terms or our privacy policy. 

14. Invalidity

If any clause of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

15. Disputes and Complaints

6clicks does not operate a disputes or complaints handling procedure in relation to the Marketplace or the Services. You must resolve any complaints or disputes that you have relating to the Marketplace directly with the relevant user.

16. Governing Law

These Terms of Use will be construed in accordance with the laws in force in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.