aaoclickkare
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Acceptance of Terms

PLEASE READ THESE TERMS CAREFULLY AND THOROUGHLY before using the services. By accessing the site, viewing any content or using any services available on the site, you are agreeing to be bound by these terms, which together with our privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

We hereby declare that the website "www.aaoclickkare.com" and all its web pages are owned, governed and operated by aaoclickkare Pvt. Ltd., (hereinafter referred to as "aaoclickkare”) a privately held company registered in India and is accessed by you under the Terms of Use described below (“Terms”).

“aaoclickkare” reserves the right, at its sole discretion, to change, modify, replace or otherwise amend the terms at any time. If the alterations constitute a material change to the terms, “aaoclickkare” will post notice of the changes and amended terms on the website. Constitution of a material change will be determined at aaoclickkare’s sole discretion. It is your responsibility to review and become familiar with any such modifications. Usage of any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified

YOUR USE OF THE WEBSITE IMPLIES THAT YOU SPECIFICALLY AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY ENFORCEABLE AND BINDING CONTRACT.

In this Agreement:

“aaoclickkare” means the company who owns and operate the website and application.

“Services” includes services provided in website and mobile application.

“Client” means a User that understands and purchases Service Provider Services or items from Service Providers or identifies a Service Provider through the Website.

“Account” means the account which gets opened when you register on the Website.

“Service Provider” means a User that offers and provides services or identifies as a Service Provider through the Website, including but not limiting to various affiliate / registered merchants / vendors / service providers and freelancers

“Service Provider Services” means all services provided by Service Providers.

“Package”, “Project” or “Listing” means a job offered or awarded by a Client via the Website, which may include Package listed by a Client, a project awarded by a Client (for example through a posting), a service bought by a Client from a Service Provider, and service awarded by a Client to a Service Provider as a result of a Package Sale or posting via aaoclickkare

“User”, “you” or “your” means an individual who visits or uses services of the website

“User Contract” means: (a) this User Agreement; (b) the Code of Conduct as amended from time to time; (c) any other contractual provisions accepted by both the Service Provider and Client uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (d) the Project and or Package terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.

“Website” or “Site” means the websites operated and managed by aaoclickkare and available at: aaoclickkare.com and any related aaoclickkare service, tool or application.

Privacy policy:

Aaoclickkare is committed to protect the personal information of its users. aaoclickkare respects your privacy and thus we believe that you have complete right to know our policies for privacy and our practices regarding the information that we collect from you. This policy also explains our privacy practices for the website and services provided by aaoclickkare. By using and/or accessing the Site and its related sites, applications, services, goods and/or creating an account at aaoclickkare, you consent to the terms and conditions of this privacy policy, including to our collection, use, disclosure, processing and retention of your personal information.

When you register to the aaoclickkare, we ask you to provide some personal information, including your email address, city, contact number, charges, business name and interests. We may collect additional information such as physical address and additional authentication information, to ensure the integrity (for example, prevention of fraud or similar attempt). We collect such information to provide better services and enhanced user experience to all of our Users.

Moreover, we collect information while you access, browse, and view or otherwise use the website. In short, when you access the website we are aware of your usage of the website, and may gather, collect and record the information relating to such usage, including browser information, geo-location information, IP address, device and connection information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the website for any kind of fraud and prevent inappropriate content or behavior. We may also collect additional information obtained from third parties such as demographic and navigation data.

Once you register, your profile name and additional information regarding your account is made public and is visible to all Users of the website. This information includes photos you upload, video links, ratings, and additional information you may choose to add to your profile.

We also collect technical information indirectly and automatically through our systems. This information may include logging your IP address, software configuration, details of operating system and use of cookies (cookies are small files sent from us to your device and sometimes back). Cookies ultimately help us to improve your navigation and ease of use of our Site. Cookies do not contain any personally identifiable information. You can read further information about Cookies in this policy below, under cookies section.

We keep the gathered information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions permitted by law.

Disclosure of your information:

We do not sell, rent or share personal information about you with other people or non-affiliated companies except to provide services you have requested. We may combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising.

We may provide your information to the following entities only in order to operate the website, and prevent fraud and illegal activities, as detailed below

  • to Users of this site who are interested to interact with you for availing or providing the required services.

  • to our employees, independent contractors, service providers, and Our suppliers to fulfill your package or service request.

  • service providers for the purpose of opening, operating and servicing your account;

  • to respond to court order, judicial process or to regulatory authorities or law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;

  • to protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities. We do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Users on the website or transferring payments to Users on the website. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor.

  • We provide information about you to other company when aaoclickkare is merged with or acquired by another company. In this event, we will notify you before any information about you is transferred and becomes subject to a different privacy policy.

Cookies

When you visit the website, we may use industry-wide technologies such as "cookies" (or similar technologies), which store certain information on your computer and which will allow us, including but not limited to, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. Cookies (which may be small text files, html files, Flash files or other technology) are text files that help store user preferences and activity. The website uses cookies to collect statistical data about its use, to tailor the website's functionality to suit personal preferences and to assist with various aspects of website operation. These files contain a variety of information such as information about web pages visited by you, the length of time you visited certain sites, data about how you came to visit particular sites, the scope and nature of those sites, areas viewed by you, and additional information.

You can however choose to accept or refuse the cookies by changing the settings of your browser. You can reset your browser to refuse all cookies or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at Our Site and other websites may be diminished and some features may not work as intended.

Intellectual property and proprietary rights

aaoclickkare respects the intellectual property of Users, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, We may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, we do not ensure that any such Content will be edited or removed.

We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of aaoclickkare and/or others.

We own all right, title and interest in and to the aaoclickkare services and all materials contained in the website, including, without limitation, our site designs, logos, button icons, images, digital downloads, data compilations, text, and graphics that are protected by copyright, trademark and other intellectual property laws except for the Content uploaded by the users in which ownership still lies with the user who uploads such photos or images. Any unauthorized use of the materials provided as part of the aaoclickkare and/or its services is strictly prohibited.

Changes to Privacy Policy

We reserve the right, at our discretion, to change, modify, update, add or remove portions of this privacy policy at any time, so please re-visit this page periodically to make sure that you are aware of the current privacy practices.Your continued use of aaoclickkare services following any changes will constitute and signify your acceptance of, and agreement to be bound by, those changes.

Terms of Use

1. Eligibility

You will not use the aaoclickkare Website if you:

  • are not able to form legally binding contracts; or

  • are a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction; or

  • are suspended from using the aaoclickkare Website.

Users may provide a business name or a company name whichever applicable, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

2. User conduct

While using the aaoclickkare Website, you will not:

  • post content or items in inappropriate categories or areas on our websites and services or influence someone to do the same;

  • infringe any laws, third party rights or our policies, such as the Code of Conduct;

  • fail to deliver payment for services delivered to you, unless the Service Provider has materially changed the Service provided from the bid or a clear typographical error is made

  • fail to deliver Services purchased from you, unless the Client fails to meet the terms, materially alters the terms of the Services from the listing; circumvent or manipulate our fee structure, the billing process, or fees owed to aaoclickkare;

  • post false, inaccurate, misleading, defamatory or offensive content (including personal information)or influence someone to do the same;

  • take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the aaoclickkare Website);

  • transfer your aaoclickkare account (including feedback) and Username to another party without our consent;

  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes or influence someone to do the same;

  • distribute viruses or any other technologies that may harm aaoclickkare, the Website, or the interests or property of aaoclickkare users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person or influence someone to do the same;

  • download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;

  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the aaoclickkare Website or influence someone to do the same;

  • copy, modify or distribute rights or content from the Aaoclickkare Website or aaoclickkare's copyrights and trademarks or influence someone to do the same; or

  • harvest or otherwise collect information about Users, including email addresses, without their consent.

3. Purpose of the site and description of services

aaoclickkare is a marketplace where Clients and Service Providers can identify each other and buy and sell Photography related Services online. Subject to the terms of this Agreement, aaoclickkare provides the Site Services to Clients and Service Providers, including hosting and maintaining the Site, enabling the formation of Service Contracts between Clients and Service Providers. If a Client and Service Provider agree on terms of the Aaoclickkare Services, a Service Contract is formed directly between such Client and Service Provider, subject to the provisions set forth in Section 4 (Relationship between Client and Service Provider). When a Client and Service Provider enter a Service Contract, they use the Site to engage or hire, communicate, and pay online through a secure medium.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of “aaoclickkare”. “aaoclickkare” reserves the right to suspend or discontinue the availability of the site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. “aaoclickkare” may also impose limits on certain features and Services or restrict your access to parts of or all of the site and the services at any time without notice or liability.

4. Content submitted or made available for inclusion on the Website

By submitting content to the site you are granting “aaoclickkare” a worldwide, Non exclusive license to use the content and are representing and warranting to “aaoclickkare” That the content is owned or duly licensed by you, and that “aaoclickkare” is free to publish, distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party or individual.

In consideration of aaoclickkare’s agreement to allow you to post content to the Site and aaoclickkare’s agreement to publish such content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with “aaoclickkare” as follows:

You acknowledge that:

By posting Content to the site you hereby grant to “aaoclickkare” a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the services. This license will exist for the period during which the Content is posted on the site and will automatically terminate upon the removal of the Content from the Website through account deactivation;

The license granted to “aaoclickkare” includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities.

“aaoclickkare” uses standard measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, “aaoclickkare” makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. “aaoclickkare” does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize “aaoclickkare” to permit users and visitors to the Site to make such low resolution copies of your Content;

Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

You are the owner of all rights, including all copy rights in and to all Content you submit to the site;

You have the full and complete right to enter into this agreement and to grant to “aaoclickkare” the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by “aaoclickkare” of the Content as contemplated herein;

The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against “aaoclickkare”, all of which such rights are hereby expressly and irrevocably waived by you in favour of “aaoclickkare”.

5. Contractual relationship between Client and Service Provider

Upon the Client buying a Package or awarding a Job or assignment to the Service Provider, or the Service Provider’s acceptance on the Website, or the purchase of an item or Package by a Client from the Service Provider, the Client and Service Provider will be deemed to have entered into a User Contract under which the Client agrees to purchase, and the Service Provider agrees to deliver the Service Provider Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or Service Provider, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Service Providers and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.

Each User acknowledges and agrees that the relationship between Clients and Service Providers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Service Provider and the User at any stage.

6. Fees and Services

We charge fees from Service Provider’s cost for services such as buying a package or purchasing a photographer’s service for full day or half day. While accepting an offer, Service provider has an opportunity to read and accept the fees that will be charged depending on our fee structure, which may change from time to time. Aaoclickkare has the right to change the fees for promotional events or for any other purpose at any time. Price of packages, and availability of any Service provider or services on our website are subject to change without notice.

Non-payment

If Client fails to pay aaoclickkare Fees or any other amounts due under this Agreement, whether by cancelling Client's credit or debit card, initiating an improper chargeback, or any other means, aaoclickkare may suspend or close Client's Account and revoke Client's access to the Site, including Client's ability to use the Site to process any additional payments or obtain any additional aaoclickkare Services. Without limiting other available remedies, Client must pay aaoclickkare upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, aaoclickkare, at our discretion, may set off amounts due against other amounts received from or held by aaoclickkare for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.

Payment Methods

In order to use certain aaoclickkare Services, Client must provide account information for at least one valid Payment Method. aaoclickkare makes the following methods of payment available: credit cards, debit cards and bank transfers to select banks in India.

By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information to us; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client's use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from Client's Payment Method(s), Client is solely responsible for paying such amounts by other means.

We reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement, if we discover erroneous or duplicate transactions, or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the credit card company, bank or other payment method as used by you, or as used by your Client if you are a Service Provider. You agree that we have the right to any other payment methods or accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for termination of the applicable aaoclickkare Account.

Indian Rupee and foreign currency conversion

aaoclickkare and its Services operate in Indian Rupees (INR). If your Payment Method is denominated in a currency other than Indian Rupees and requires currency conversion, additional fees may be charged to your account and or Payment Method.

7. Formal Invoices and Taxes

As applicable by Indian Tax laws, aaoclickkare will automatically generate Invoices towards the Client on behalf of the Service Provider for any Package Sales, or payments received towards services awarded to a Service Provider. As a Service Provider on aaoclickkare, you automatically authorize aaoclickkare to invoice Clients on your behalf following standard norms.

Taxes

You understand and agree that you are solely responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.

When required by applicable Indian tax law, we may deduct or withhold taxes for payments due to you. If we deduct or withhold taxes from payments due to you, we will issue to you the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities.

As we are a company incorporated in India, all fees earned by us from Indian Users will be subject to Indian Services Tax on all fees, which will be shown separately on all invoices.

You must also comply with your obligations under income tax provisions in your jurisdiction.

8. Cancellations & Return of funds

For any reason if you want to cancel your booking, you may do it anytime. Charges for cancellation of booking will be applicable as shown below:

  • Cancelling the event before 26 days (or more) from the date of event: No charges for cancellation *

  • Cancelling the event between 11 to 25 days from the date of event: 50% of the booking amount will be charged for cancellation *

  • Cancelling the event between 0 to 10 days from the date of event: 100% of the booking amount will be charged for cancellation *

* - payment gateway charges are applicable. After booking confirmation, if you wish to change your chosen event dates or location, we will try our best to accommodate these changes wherever possible. However, it may not always be possible. All cost incurred due to the changes will be applicable to you.

9. Non-circumvention

You agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:

Submit proposals or solicit Clients identified through the Site to contact, hire, work with, or pay outside of aaoclickkare.

Accept proposals or solicit Clients identified through the Site to contact, deliver services, invoice, or receive payment outside of aaoclickkare.

Invoice or report on the Site an invoice or payment amount lower than that actually agreed between Client and Service Provider.

You agree to notify aaoclickkare immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to aaoclickkare by sending an email message to: info@aaoclickkare.com

10. Relationship with aaoclickkare

aaoclickkare is not a party to the dealings between Client and Service Provider, including posts, proposals, screening selection, contracting, and performance of Service Provider Services. aaoclickkare merely makes the Site Services available to enable Service Providers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Service Providers for themselves. aaoclickkare does not, in any way, supervise, direct, or control Service Provider or Service Provider's work. aaoclickkare does not set Service Provider's work hours, work schedules, or location of work. aaoclickkare will not provide Service Provider with training or any equipment, labor, or materials needed for a particular Service Contract. aaoclickkare does not provide the premises at which the Service Provider will perform the work. aaoclickkare makes no representations about, and does not guarantee the quality, safety, or legality of, the Service Provider Services; the truth or accuracy of Service Provider's listings on the Site; the qualifications, background, or identities of Users; the ability of Service Providers to deliver the Service Provider Services; the ability of Clients to pay for the Service Provider Services; or that a Client or Service Provider can or will actually complete a transaction.

You hereby acknowledge and agree that aaoclickkare may provide information on the Site about a Service Provider or Client, such as feedback, a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Service Provider or Client voluntarily submits to aaoclickkare and does not constitute and will not be construed as an introduction, endorsement, or recommendation by aaoclickkare;aaoclickkare provides such information solely for the convenience of Users.

Service Contracts

You expressly acknowledge, agree, and understand that: (a) aaoclickkare is merely a venue where Users may act as Clients and/or Service Providers; (b) aaoclickkare is not a party to any Service Contracts between Clients and Service Providers; (c) you are not an employee of aaoclickkare and that aaoclickkare does not, in any way, supervise, direct, or control the Service Provider or Service Provider Services; (d) aaoclickkare will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (e) aaoclickkare has no control over Service Providers or the Service Provider Services offered or rendered by Service Providers; and (f) aaoclickkare makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality, security, or legality of any Service Provider Services, and aaoclickkare disclaims any and all liability relating thereto.

11. Ownership of Work Product and Intellectual Property Rights

Upon Service Providers receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the solely of the Client. The service provider may retain other rights as applicable by law.

License to or Waiver of Other Rights

If the Service Provider has any right to the Work Product, including without limitation any Intellectual Property Right, that cannot be assigned to Client by Service Provider, Service Provider hereby automatically, upon Service Provider's receipt of full payment from Client, unconditionally and irrevocably grants to Client during the term of such rights, an exclusive, even as to Service Provider, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If Service Provider has any rights to such Work Product that cannot be assigned or licensed, Service Provider hereby automatically, upon Service Provider's receipt of payment from Client, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Client or related to Client's customers, with respect to such rights, and will, at Client's request and expense, consent to and join in any action to enforce such rights.

Assistance

Service Provider will assist Client in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Service Contract, to obtain and enforce Intellectual Property Rights relating to Work Product in all countries. In the event Client is unable, after reasonable effort, to secure Service Provider's signature on any document needed in connection with the foregoing, Service Provider hereby designates and appoints Client and its duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by Service Provider.

12. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the aaoclickkare Website for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

  • interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the aaoclickkare Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website’s without the prior express written permission of Service Provider and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or

  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

13. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Service Provider Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

14. Indemnity

You will indemnify, defend, and hold harmless aaoclickkare, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Service Provider as an independent contractor; the classification of aaoclickkare as an employer or joint employer of Service Provider; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with this Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

15. No Warranty As To Each User’s Purported Identity.

“aaoclickkare” does not endorse any User. As identification of any User on the internet is difficult, we cannot and do not confirm any User's purported identity. We may provide information about a User, such as a Rating, geographical location or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

16. No Warranty As To Content On The Website

We provide the services, the Website and all contents on it on an 'AS IS', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied.

The information on the Website may change frequently as the website is dynamic time-sensitive website. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled accidently by us or accidentally or purposefully by a third party.

Without limiting the foregoing, we make no representation or warranty about:

  • The Website or any Services or Service Provider Services;

  • The accuracy, reliability, availability, veracity, timeliness or content of the Website or any Service Provider Services;

  • Whether the Website or Service Provider Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

  • Whether defects in the Website will be corrected;

  • Whether the Website or the Service Provider Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website or Service Provider Services;

  • Any third party agreements or any guarantee of business gained by you through the Website or Service Provider Services or us; or

  • The Website or Service Provider Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

  • To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

17. Limitation of Liability

You acknowledge and agree that entire risk arising out of your use of “aaoclickkare” and its services, access of website or application whether in person or online remains with you.

  • In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  • Any indirect, special, incidental or consequential damages that may be incurred by you;

  • Any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

  • Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

  • The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staffs have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Service Provider services again or the payment of the cost of having the Service Provider services supplied again.

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