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Privacy Policy

Welcome to Clapit, which is owned and operated by Clap Online Pty Ltd (ACN 604 803 367). By using the Clapit website, mobile application or services (collectively, Clapit), you are agreeing to comply with and be bound by this Privacy Policy, which together with our Terms of Use govern Clap Online Pty Limited’s relationship with you in connection with Clapit. Should you not agree with any of this Privacy Policy please do not use Clapit.

The terms ‘us’, ‘our’ or ‘we’ refer to Clap Online Pty Ltd, the owner of the Clapit website, app and service, whose registered office is located at c/- Ash Street Partners at Level 1, 25 King Street, Sydney NSW 2000, Australia. The terms ‘you’ or ‘your’ refers to the visitor, user or other person accessing Clapit.

Clapit is a social network which allows users to bring content from any web or personal source by users posting content. The clap button rates the content and elevates the content higher up in accordance with the amount of “claps” (a clap is a “like”).  The Clap button also broadcasts the content to the user’s social media pages. In this way Clapit and the clapit community uses the Clap button to crowd-source the best content being a content democratization.

In this Privacy Policy we tell you how we collect, store, protect and disclose your personal information.  We also explain your rights in relation to the information we hold.

The policy is written in simple language.  Our specific legal obligations when collecting and handling your personal information are outlined in the Privacy Act 1988 and in particular in the Australian Privacy Principles found in that Act. 

Clapit is dynamic and evolving and we anticipate changes to this policy from time to time as we continue to develop our products and services.  We may let you know when this happens, where the changes are material. By continuing to use our products and services you will be taken to have consented to any changes we make to the policy. The most recent version of the policy will always be available on our website.

We encourage you to read this policy carefully so that you understand our information handling practices. 

1. How we collect personal information

We only collect personal information by lawful and fair means. 

For the most part we collect personal information directly from you.  This occurs when you join or login to our website or mobile application.

However, we may also collect personal information from third parties or a third party application where you access Clapit products or services.

We will handle any unsolicited information in accordance with Australian law, including destroying or de-identify such information where we are permitted to do so by a relevant law.

2. Information we collect

When you visit our website or use our service we collect personal information sent to us from your computer, mobile phone or other access device. This includes data on the pages you access, your device IP address, device identifiers, type of operating system, your mobile network information and certain information from your browser. We also collect personal information about you when you use a Clapit service, including when you create a Clapit user profile.

The type of information we may collect includes your name, username, password, photo, email address, date of birth, content you post, information about your contacts, device identifiers, log file identifiers/IP address, cookies and your metadata. You may choose to access Clapit using a pseudonym, but you will need a real, unique email address.

You may choose to provide us with sensitive information about you.  This might include information about your health or disability, racial or ethnic origin, political opinions, association memberships, religious beliefs or sexual orientation.  

We take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from misuse, interference or loss and from unauthorised access, modification or disclosure. 

3. How we store your personal information

We and our suppliers:

  1. store and process your personal information on computers located in various countries around the world;
  2. protect your information using logical, physical and administrative security measures to reduce the risk of loss or interference with your personal information; and
  3. use current and up to date software, firewalls, network security and information authorisation access controls to protect your personal information as it is transmitted from your devices or third party sites to Clapit.

Access to personal information is limited to those of our personnel who specifically need it to carry out their business responsibilities.  Our employees are contractually bound to respect the confidentiality of any personal information held by us. 

We keep your personal information for as long as your account is active or as needed.  For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this Privacy Policy or our Terms of Use.

We deploy commercially reasonable steps to safeguard the security of your personal information and to verify your identity before granting you access to your account.  However, we cannot ensure the security of any information you transmit to Clapit or guarantee that information on Clapit will not be accessed, disclosed, altered or destroyed.

You are responsible for maintaining the secrecy of your unique password and your account information, and for controlling access to emails between you and Clapit, at all times.  Your privacy settings may also be affected by changes which the social media services you connect to Clapit make to their services.  Clapit is not responsible for the functionality, privacy or security measures of any other organisation.

4. How we use your personal information

Any information that you upload or sync with Clapit is covered by this Privacy Policy and our Terms of Use.

By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting our Terms of Use and freely accepting and agreeing to our processing of your personal information in ways set out in this Privacy Policy.

We use your personal information for the purpose for which it was collected and related purposes, including:

  1. managing and improving our products and services;
  2. helping efficient access to your information after sign in;
  3. remembering information so you don’t have to re-enter;
  4. providing personalised content and information, which may include online ads or other forms of marketing;
  5. statistical purposes;
  6. testing new products and services;
  7. developing application and website metrics;
  8. diagnosing for fixing technology problems; and
  9. providing you with information about third party products or services you might find interesting or useful. Sometimes these third parties may contact you directly.

Except as stated above, we will not use or disclose personal information unless:

  1. you consent to the disclosure;
  2. the disclosure is reasonably necessary to enforce the Privacy Policy or our Terms of User Agreement; or
  3. c)                   the disclosure is otherwise permitted, required or authorised by or under law including the Australian Privacy Principles.

5. Quality and correction

At all times we strive to ensure that the information we hold about you is accurate, complete and up-to-date.  If at any time you believe the personal information that we hold about you is incorrect, incomplete or inaccurate, you should let us know.  We will take steps that are reasonable in the circumstances to correct the information.

6. Managing your “cookies”

We do not collect personal information about people who access Clapit, except where personal information is voluntarily supplied. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, personal information such as the following may be stored by us for use by third parties: name, date of birth, photo.

We use cookies placed on your device to tell us when you have returned to the Clapit webserver. This helps identify you and simplifies your login and process of recording your personal data. We may also collect some information from your mobile device when you use it to log into the Clapit application. You can control cookies through your browser settings and other tools.

7. How we share personal information with other Clapit users or organisations

d) Your profile and information will be visible to other Clapit users in accordance with the settings you select for your account.

We may share your personal information with:

  1. service providers under contract who help with our business operations, such as marketing and technology services;
  2. third party advertising networks;
  3. companies that we plan to merge with or be acquired by (should this occur, we may either require the new entity to comply with this Privacy Policy or we may comply with its privacy terms).
  4. d)            law enforcement, government officials or other third parties pursuant to a subpoena, court order or other legal process or requirement applicable to us or any related or acquiring entity.

8. Disclosure to overseas recipients

As Clapit is a global service with data held around the world, we will be storing and disclosing your personal information to overseas recipients in the course of delivering our products and services to you.  By using Clapit you consent to transfer of information to any of the various countries around the world in which Clapit operates or stores information.

9. Right to access, correct, delete your information or close your account

You have a right to:

  1. access, modify, correct, or delete your personal information controlled by us regarding your profile;
  2. change or remove your content;
  3. close your account.

You can also contact us for any account information which is not on your profile or readily accessible to you.  We may charge you a fee where access is provided.  We may refuse to provide access if the privacy legislation allows us to do so, in which case we will provide reasons for our decision as required by law. 

If you close your account(s), your information will generally be removed from Clapit after  being retained for a commercially reasonable time for backup, archival, and/or audit purposes.

However, information you have shared with others on Clapit or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile.  In addition, you may not be able to access, correct, or eliminate any information about you that other Clapit customers copied or exported out of Clapit, because this information may not be in our control.  Your public profile may be displayed in search engine results until the search engine refreshes its cache.

10. Your obligations

As a client of Clapit, you have certain obligations to other Clapit clients including the following:

  1. You must, at all times, abide by the terms and conditions of this policy, Terms of Use, and other policies of Clapit from time to time. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights.
  2. You must not upload or otherwise publish or disseminate any information that may infringe on the rights of others or which may be deemed to be defamatory, injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Clapit and its clients.
  3. You must keep your username and password confidential and not share it with others.

Any violation of this policy or the Terms of Use may lead to the restriction, suspension, or termination of your account at our sole discretion of Clapit. 

We may remove content which we reasonably consider was uploaded or otherwise published or disseminated by you in breach of the obligations outlined above. 

11. Minimum age requirement

As described in the Terms of Use, you must be at least 16 years of age to use Clapit. We do not knowingly collect or solicit information from anyone under the age of 16 or allow such persons to register for Clapit.  Clapit is not directed at children under the age of 16.  In the event that we learn that we have collected personal information from a child under 16 without parental consent we will delete that information as quickly as possible.  If you believe that we may have any information from or about a child under 16 please contact us. 

12. Concerns and complaints

If you have any concerns regarding this policy, you should first contact us at info@clapit.com.

If contacting us does not resolve your complaint, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.

13. How to contact us about a deceased user

In the event of a death of a Clapit user, please contact us.  We will conduct our communication via email at the email address you provide us.

14. Other Web Sites and Services

Clapit is not responsible for the practices employed by any websites or services available via Clapit, including the information and content contained within them.  You should remember that when you use a link to go to another website or service this Privacy Policy does not apply to that website or service.  In addition, you agree that we are not responsible for and do not have control over third parties that you authorise to access your content.  If you allow a third party website or service to access your user content then you do so at your own risk.

15. Jurisdiction

This Privacy Policy, your use of Clapit and any dispute arising out of this policy or your use is governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts authorised to hear appeals from such courts.


CLAPIT TERMS AND CONDITIONS OF USE AGREEMENT – WEBSITE

Clap Online Pty Limited (“Clapit”)

Please read the terms and conditions of use carefully before using this website.

Welcome to Clapit. This website, www.clapit.com (referred to in this Term and Conditions of Use Agreement as the Website, is owned and operated by Clap Online Pty Limited (ACN 604 803 367) also known as the clapit website. By using the Clapit website, app or services (collectively, Clapit), you are agreeing to comply with and be bound by these Terms and Conditions of Use, which together with our Privacy Policy, govern Clap Online Pty Limited’s relationship with you in connection with Clapit.

The terms ‘Us’, ‘Our’ or ‘We’ refer to Clap Online Pty Limited, the owner of the Clapit website, apps and service, whose registered office is located at c/- Ash Street Partners Pty Ltd, Level 1, 25 King Street, Sydney NSW 2000, Australia. The terms ‘You’, ‘Your’ or ‘Member’ refers to the user. The term ‘content’ includes, without limitation, any text, graphics, images, video, audio, logos, information, software or other material.

If you do not agree to the terms and conditions of this agreement, you should not review any information contained on the website or obtain any goods, services or products from the website.

  1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (the Agreement) with respect to the Website. This Agreement constitutes the entire and only agreement between Us and You with respect to the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, and the subject matter of this Agreement. This Agreement may be amended by Us at any time and from time to time without specific notice to You. The latest Agreement will be posted on the Website, and You should review this Agreement prior to using the Website. If You do not agree with the content of this Agreement, or any future amendments to it, You should not use the Website. You will be required to expressly accept the terms and conditions of this Agreement in the event You become a member of the Website (which is required for purchases from the Website).

2. Copyright

The content, organization, graphics, design, code, compilation and other matters related to the Website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as allowed by Paragraph 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

Clapit reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(a) Re-sold and/or re-distributed in any material form;
(b) Stored in any storage media; and/or
(c) Re-transmitted in any media,

without the prior written consent of clapit.

By becoming an account holder, You confirm that the information provided by You on the Website is true and that You agree to abide by the Agreement. Your account may be terminated without notice if it is determined that false or misleading information has been provided, the Agreement has been violated or other abuses have occurred as determined by Clapit in its sole discretion. Clapit reserves the right to refuse any application for an account at its sole discretion.

4. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Website grants You a limited, non-exclusive licence for use solely by You for Your own personal non-commercial use and not for republication, distribution, assignment, sublicence, sale, preparation of derivative works or other use provided that You do not remove any copyright and trademark notices contained on the material.

No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal non-commercial use.

Notwithstanding the above, You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

You must not use the Website to:

(a) impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity (including where the Website requires You to register in order to use it);
(b) post or transmit to or from the Website junk, obscene, indecent, pornographic, offensive, defamatory, unlawful, ethically objectionable or threatening electronic mail or “spam” to people who would not wish to receive mail from You;
(c) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Website;
(d) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(e) attempt to gain unauthorised access to the Website or computer systems or networks connected to the Website through any means;
(f) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(g) collect, store, post, disclose or transmit personal data about other users;
(h) email, post or transmit any material that You do not have a right to email, post or transmit (such as inside information or confidential information);
(i) email, post or transmit any material that infringes the rights (including without limitation, copyright, patent, trade mark, trade secret or other proprietary rights) of any party; or
(j) violate any applicable law, convention or regulation or the lawful requirements of any relevant authority or the orders of any court of competent jurisdiction.

5. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without further notice to You.

6. Indemnification

You agree to indemnify, defend and hold Us and our subsidiaries, partners, legal representatives, employees and affiliates (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement or wrongful or negligent use of the Website.

7. Passwords

Your right to use the Website is not transferable. Any password or right given to You to obtain information or documents is not transferable and may only be used by You. You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Website and agree to accept responsibility for all activities that occur under Your username and password. You agree to notify Clapit immediately of any unauthorized use of Your password or any other breach of security.

8. Disclaimer

8.1 Nothing in this Agreement purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying any of Your statutory rights and remedies, including under the Australian Consumer Law.

8.2 To the fullest extent permitted by law, Clapit disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred

 to on the Website and/or of any linked websites; and

(b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked websites.

8.3 To the fullest extent permitted by law, Clapit will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:

(a) acting, or failing to act, on any information contained, or referred to, on the Website and/or any of the linked websites; and

(b) using or acquiring, or Your inability to use or acquire, any service or product contained, or referred to, on the Website and/or any linked websites.

8.4 To the fullest extent permitted by law, Clapit does not warrant, guarantee or make any representation that:

(a) the Website, or the server that makes the Website available on the world wide web, are free of software viruses or other harmful components;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

(c) errors and defects in the Website will be corrected.

8.5 Clapit is not liable to You for:

(a) errors or omissions in the Website or linked websites on the world wide web; and

(b) delays to, interruptions of, or cessation of the services provided in the Website or linked websites,

whether caused through the negligence of Clapit, its employees or independent contractors or through any other cause.

8.6 To the fullest extent permitted by law, You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Website.

8.7 The negation of damages in this Agreement are fundamental elements of the basis of the agreement between us. This Website and the information would not be provided without such limitations.

9. Limitation of Liability

The Disclaimers outlined in Clause 8 may not apply to You in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.

However, to the fullest extent permitted by law, the maximum liability of Clapit under all circumstances, including, but not limited to, a breach of any guarantee or implied warranty or condition, is limited to the purchase price You pay for any goods, services or information. Clapit may, at its own discretion, do one or more of the following:

If the breach relates to services:

(a) supply the services again; or
(b) pay the cost of having the services supplied again.

If the breach relates to goods:

(a) replace the goods or supply equivalent goods;
(b) repair such goods;
(c) pay the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

10. Use of Information

We reserve the right, and You authorize Us, to the use and assign all information regarding use of the Website by You and all information provided by You in any manner consistent with our Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
For the avoidance of doubt, Clapit and/or people authorized by Clapit may gather and process the information:

11. Termination of Access

Clapit may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Clapit has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

12. Links to Other Websites

The Website may contain links to other websites owned and operated by third parties which are not under the control of Clapit. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party websites, You do so at Your own risk.

13. Product Images

All images are for reference only and should not be relied on when making the purchasing decisions. All purchasing decisions should be made based on the product descriptions.

14. Submissions

All suggestions, ideas, notes, concepts and other information You may from time to time send to Us (collectively, Submissions) shall be deemed and shall remain the sole property of Clapit and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, We shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

15. Lapsed Accounts

In order to keep Clapit account information current, if You do not access Your account for a period of 90 days or more, Clapit may, in its sole discretion, terminate Your account. Clapit will endeavor to notify You of intent to terminate Your account by notice to Your provided email address at least 7 days prior to deactivation. If You fail to respond to such email notice within 7 days after the day it is sent by Clapit, Your account will be terminated as noted above. Therefore, Clapit strongly recommends that You keep Your account and contact data current and in use. While Clapit desires to prevent active accounts from being terminated prematurely, Clapit has no obligation to maintain accounts that appear to Clapit to have been abandoned. You agree that failure to access Your account for 90 days or more conclusively indicates that Your account has been abandoned and that the account may therefore be terminated.

16. Verify Account Holder’s Information

Clapit reserves the right to contact You via email or telephone to verify the accuracy of account information (including Your correct name and address) that is needed to provide You with the information or product or service You have requested from Clapit.

17. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

18. Waiver

The failure by Clapit to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Clapitin respect of any existing or subsequent breach of this Agreement.

19. Governing Law and Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.

Terms and Conditions of Purchase

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following terms and conditions regulate the business relationship between You (You or Your) and Clap Online Pty Ltd (ACN 604 803 367) (Clapit) for the purchase of goods and/or services through Clapit’s website. The Website Terms and Conditions of Use and Clapit’s Privacy Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Clapit shall be regulated by the terms and conditions outlined in this agreement.

1. Definitions

In these terms and conditions:

Agreement means these terms and conditions.
Carrier means any person or business used by Clapit to deliver goods and/or services from Clapit to You, whether all or part of the distance of the delivery.
Goods means any goods offered for sale by Clapit.
Services means any services offered for sale by Clapit.
Website means this website or any other website through which Clapit offers for sale the Goods and/or Services.
Written Material means any informational material published by Clapit in any medium from time to time with a view to providing information to any customer or prospective customer of Clapit.

2. Our Contract with You

2.1 Clapit shall accept purchases and orders placed by electronic transmission via our website provided that You have registered as a user of the Website.

2.2 Shipping costs of any products are influenced by Your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.

2.3 Clapit will notify You by email if any Goods or Service is unavailable and offer an alternative item or a full refund.

2.4 Receipt of full payment of Your order by Clapit is evidence of a binding and enforceable agreement between You and Clapit, and this Agreement can only be modified by written agreement between You and Clapit.

2.5 If applicable, any Goods ordered by You from Clapit are at Your own risk from the moment they are purchased and delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Clapit will retain title of the Goods until it has received payment in full for the Goods.

2.6 All clerical errors are subject to correction and will not bind Clapit.

3. Price and Payment

3.1 The price of any and all Goods and/or Services contained in any Written Material of Clapit is subject to change from time to time at the sole discretion of Clapit. All our prices are in United States Dollars (USD) and does not include GST (Goods and Services Tax) as of 1 January 2021.

3.2 Full payment of an order must be made and received by Clapit before the Goods and/or Services will be provided and/or delivered to You.

3.3 You shall pay all sums due to Clapit under this Agreement by the means specified without any set-off, deduction or counterclaim.

3.4 You represent and warrant that if You are purchasing something from Clapit that (i) any credit card information You supply is true, correct and complete, (i) charges incurred by You will be honored by Your credit card company and or bank, and (iii) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.

3.5 When purchasing from Clapit, Your financial details are passed through a secure server (payment gateway). If You have any questions regarding our security policy, please contact Clapit using the details in clause 16.

4. Information You give Clapit

4.1 You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Clapit to enable Clapit to provide You with the Goods and/or Services ordered.

4.2 Clapit agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.

5. Delivery

5.1 Where applicable, deliveries will be made to your user account or nominated address stipulated in Your order.

5.2 If Clapit is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Clapit shall notify You to arrange another date for delivery.

5.3 If the Goods ordered are not available to be delivered all at once, Clapit may, at its discretion and on its selected terms and conditions, give You the option to receive the Goods ordered in instalments.

6. Cancellation of order and Return of goods and /or services

6.1 Clapit has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, You have no right and are unable to cancel, refund and/or modify Your order. Clapit does not offer refunds simply in the event You change Your mind or make a wrong decision.

6.2 Notwithstanding clause 6.1, Clapit agrees to replace any Goods and/or Services purchased from Clapit that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Clapit promptly after becoming aware of this. Should this occur, Clapit may request proof of this alleged fault and/or defect as a condition of any refund.

7. Disclaimer

7. 1 Nothing in this Agreement purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying any of Your statutory rights and remedies, including under the Australian Consumer Law.

7.2 To the fullest extent permitted by law, Clapit disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked websites; and

(b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked websites.

2 To the fullest extent permitted by law, Clapit disclaims any and all warranties, express or implied, regarding:

7. 3 To the fullest extent permitted by law, Clapit will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:

(a) acting, or failing to act, on any information contained, or referred to, on the Website and/or any of the linked websites; and

(b) using or acquiring, or Your inability to use or acquire, any service or product contained, or referred to, on the Website and/or any linked websites.

7.4 To the fullest extent permitted by law, Clapit does not warrant, guarantee or make any representation that:

(a) the Website, or the server that makes the Website available on the world wide web, are free of software viruses or other harmful components;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

(c) errors and defects in the Website will be corrected.

7.5 Clapit is not liable to You for:

(a) errors or omissions in the Website or linked websites on the world wide web; and

(b) delays to, interruptions of, or cessation of the services provided in the Website or linked websites,

whether caused through the negligence of Clapit, its employees or independent contractors or through any other cause.

7.6 To the fullest extent permitted by law, You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Website.

7.7 The negation of damages in this Agreement are fundamental elements of the basis of the agreement between us. This Website and the information would not be provided without such limitations.

8. Indemnity

You indemnify and hold Clapit harmless in respect of any and all loss or damage suffered by Clapit, and any claims or demands that may arise against Clapit relating to or in connection with Your wrongful or negligent use of either the Website or any Goods or Services purchased from Clapit using the Website.

9. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.

10. No Waiver

The failure by Clapit to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Clapit in respect of any existing or subsequent breach of this Agreement.

11. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between You and Clapit, then You agree to attempt to settle the dispute by engaging in good faith with Clapit in a process of mediation before commencing any arbitration or litigation.

12. Force Majeure

Clapit is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Clapit to perform any obligation under this Agreement where such a failure is due to technology shut-down, power and communications outages, strike, lock-out, local or global pandemic, forced shut down, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Clapit and no such failure shall entitle You to terminate this Agreement.

13. Entire Agreement

This Agreement constitutes the entire agreement between You and Clapit for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.

14. Variation

Any variation to this Agreement shall be effective only if accepted in writing by Clapit.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.

16. Customer Service

You can contact Clapit by emailing support@clapit.com between 9am and 5pm EST Monday to Friday.

17. General Conditions

1. Clapit and the content available via Clapit is for your general information and use only. Clapit is subject to change without prior notice.

2. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of Clapit or the information and materials found or offered on Clapit for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

3. The availability of Clapit may be affected or interrupted due to maintenance, upgrades, repairs, telecommunications failures and other factors and we will have no liability for any lack of availability. 

4. Clapit may include links to other websites or apps which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites or apps. We have no control over the nature, content and availability of those websites and apps.

While we take steps to prevent the Clap button being misused or gamed, we cannot guarantee that this will happen.

We do not endorse, and are not responsible for, content available on or via Clapit and we do not have any obligation to monitor, pre-screen, edit or remove any such content.

Ownership and licence of content

  1. Clapit contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Clapit website and the app. Any reproduction of this material is prohibited other than in accordance with the Clapit copyright notice, which forms part of these Terms of Use.
  2. You hereby grant us a perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sub-licensable and worldwide licence to use, publish, communicate to the public and otherwise exploit content you post to Clapit. Without limiting any other rights of Clapit under these Terms of Use, you acknowledge that:
    1. we may re-format or otherwise alter content you post for display on Clapit; and
    2. Clapit is a commercial entity and intends to generate revenue from our products, services, and your content (including, but not limited to, targeted advertising, and the monetisation of your content in any manner we see fit). Clapit may, in its sole and exclusive discretion, share a proportion of any revenues generated in respect of your content with you, but is under no obligations to do so.
  3. If you or any third party retains any moral rights in any content you post or contribute to Clapit, you hereby unconditionally and irrevocably:
    1. consent to all or any acts or omissions by us or our licensees, successors and assigns in relation to the content which may infringe any such moral rights;
    2. agree that you do not require that any personally identifying information be used in connection with such content, or any derivative works of or upgrades or updates thereto;
    3. agree that you have no objection to the publication, use, modification, deletion and exploitation of such content by us or our licensees, successors and assigns; and
    4. release us and our licensees, successors and assigns from any claims that you could otherwise assert by virtue of any such moral rights.

Conditions of access to Clapit

Clapit’s rights and obligations

Warranties and acknowledgements

  1. You represent and warrant to us that:
    1. you are an individual at least 16 years of age;
    2. you are not restricted from using Clapit;
    3. you will only maintain one Clapit account at any given time;
    4. you have full power and authority to enter into these Terms of Use;
    5. by entering into these Terms of Use you will not breach any other agreement to which you are a party, any rights of Clapit or any third party or any law.
    6. you are entitled to post, upload or submit to Clapit all content that you post, upload or submit to Clapit and that such content is not confidential nor in breach of any agreement, intellectual property rights or other third-party rights or any other law, and that our use of such content on Clapit and as contemplated under these Terms of Use will not breach any intellectual property rights or other third-party rights and you will pay any royalties or fees applicable to any such use.  
  2. You acknowledge and agree that:
    1. Clapit should not be used to store or backup content and any content you post, upload or submit to Clapit is at your own risk of loss;
    2. Clapit is not responsible for misuse or misappropriation of any content you post, upload or submit to Clapit; 
    3. Clapit is not responsible for the content that may be posted, uploaded or submitted to Clapit by you or anyone else and is not responsible for any loss or damage whatsoever and howsoever arising that may be caused to you or anyone else by the posting, uploading or submitting of such content;
    4. Clapit is not liable for identity theft or any other misuse of your identity or information by others;
    5. we do not guarantee continuous, uninterrupted or secure access to Clapit services;
    6. we are released from any liability howsoever arising in relation to a dispute between you and any other user of Clapit products or services or any content appearing on or made available via Clapit; and
    7. if you are dissatisfied with the products or services provide by Clapit you can close your account and terminate these Terms of Use and such termination will be your sole and exclusive remedy. 

Release

  1. If you have a dispute with one or more Clapit users, you release us, our related bodies corporate, employees, agents and directors from any loss, damage, claim or demands of any kind arising out of or in any way connected with such dispute.

Indemnity

  1. You indemnify and hold us harmless against any loss, damage, claim, action, penalty, liability, cost, charge, expense, outgoing or payment (including, without limitation, legal costs and expenses on a full indemnity basis) which we suffer, incur or are liable for at any time under or in connection with:
    1. the breach of these Terms of Use or any applicable law by you;
    2. any content you post, submit or upload on Clapit; and
    3. your use of Clapit and any activity which you undertake by using Clapit.

Liability

  1. Your use of any information or materials on or available through Clapit is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Clapit meet your specific requirements.
  2. To the maximum extent permitted by law:
    1. notwithstanding any other clause of this Agreement, in no circumstances will we be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings, corruption, reputation, goodwill, loss or destruction of data or for any indirect, special or consequential loss whatsoever;
    2. any and all liability we have to you for any reason (including negligence or breach of statutory duty) will not in any event exceed USD100 in the aggregate; and
    3. we exclude all conditions, warranties or guarantees express or implied under general law or custom including of merchantability and fitness for a particular purpose,

provided that nothing in this Agreement excludes or limits any implied condition, warranty or guarantee the exclusion or limitation of which would contravene any statute or cause any part of this Agreement to be void or unenforceable, including under the Competition and Consumer Act 2010 (Cth) (Non-excludable Condition).

  1. To the extent permitted by Law, you agree that our total liability to you or a person claiming through you for breach of a Non-excludable Condition is limited at our option to supplying the Services again or paying for the cost of doing so.

General