Terms & Conditions
These Terms and Conditions govern access to and use of the FlickeZ platform and its Services. Please read them carefully before using the Platform.
FlickeZ is an online platform engaged in the business of providing a diverse range of professional services (“Services”, as specified below), and is owned and operated by FlickeZ Corporation PTY Limited, a company incorporated in Australia under the Corporations Act 2001 (Cth), with Australian Company Number (ACN) 684450315 and Australian Business Number (ABN) 32684450315 and having its principal place of business at 2 Amarillo Pl, Springfield Lakes, Queensland 4300, Australia (hereinafter referred to as the “Company”, “we”, “us”, “our”, “ourselves”).
These Terms and Conditions (“T&Cs”) contain the complete terms and conditions that apply to a User, Client, and Visitor on the Platform, and govern their access to and use of the Services (as defined below). However, it is made clear that some of the Services may require the User/ Client/ Visitor to agree to additional terms and conditions which may be specified on the Service page or alongside the description of the Service on the Platform. Unless otherwise provided, those additional terms shall be deemed to be incorporated into these T&Cs.
Understanding the T&Cs contained herein is important because, by using the Services on the Platform, the User/Customer/Visitor agrees to these terms, in their entirety.
These T&Cs, along with the Privacy Policy (“Terms”), together constitute a legal and binding agreement between you (“User”, “Client”, “Visitor”, “you”, “your”, “yourself”) and the Company, which shall comprise the terms under which you shall be permitted to use the Company’s website and mobile application (together referred to as the “Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM.
The Company reserves the right to change or modify these Terms at any time, at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. By impliedly or expressly accepting these Terms, or through continuous use of the Services and/or the Platform, you accept and agree to be bound by any amendments, updates, and modifications to the Terms, as may be amended, updated, and modified from time to time.
This document is an electronic record for the purposes of the Electronic Transactions Act 1999 (Cth) and the corresponding electronic transactions legislation of the States and Territories of Australia (as amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
The T&Cs governing your use of the Platform as well as availing our Services are set forth below:
DEFINITIONS
Unless repugnant to the context, the terms used in these T&Cs have the following meaning:
“Account” means the account created by a User on the Platform at the time of registration.
“Affiliate” in relation to the Company, shall mean and include any entity that directly or indirectly Controls, is Controlled by, or is under common Control with the Company, but only for so long as the control exists. The term “Control” for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests.
“Applicable Laws” shall mean all applicable laws, statutes, regulations, rules, ordinances, guidelines, directives, and orders of any Commonwealth, State, Territory, or local governmental or regulatory authority in Australia, including but not limited to the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), and the Electronic Transactions Act 1999 (Cth), as may be in force and amended from time to time, that apply to the Platform, the Services, or the use thereof by the Company, the Service Professionals, and/or the User/Client/Visitor.
“Appointment Slot”/ “Appointment”/ “Service Time” shall mean a specific time and date allocated to the User, contingent upon the Service Provider’s availability and the User’s selection during the Booking process on the Platform, for the provision of Services by the Service Provider.
“Booking” shall mean an accepted and confirmed reservation of an Appointment Slot accepted by the User for availing of the Services through the Platform, specifying the Booking Details, and the OTP for verification of the Services.
“Booking Detail(s)” shall mean the details relating to the Booking, including without limitation, the description of Services, details of the Service Provider, date of Booking, total amount payable by the Client, Appointment Slot, mode of payment, location at which the Services will be provided, etc.
“Booking Fee” shall mean the nominal amount paid by the Client for securing the Booking through the Platform. This fee covers the reservation of the Appointment Slot and ensures the availability of the requested Services at the designated time and location accepted by the Client.
“Booking Request” shall mean the request made by the User to schedule a timeslot to avail the Services of the Service Professionals through our Platform.
“Client” shall mean and include any User that makes any successful Booking through the Platform, for availing the Services, and has paid a nominal Booking Fee to secure the Booking.
“Convenience Fee” shall mean the fee charged to the account of the Client, and paid to the Service Professional for the convenience of accessing and availing Services through the Platform. This fee compensates the Service Professional for their time, effort, and resources involved in providing Services at the Client’s desired location, thus ensuring convenience for the Client. The Convenience Fee may vary depending on factors such as the nature of the Service, location, and additional services requested/booked by the Client.
“Force Majeure Event” includes any act or event, beyond the reasonable control of the Company and includes, without limitation, any natural disasters (earthquakes, floods, storm, typhoons, adverse weather or climatic conditions, and other acts of God), fire, explosion, accidents, epidemics, pandemics, quarantine restrictions, lockdowns, strikes, lock-outs, or other industrial action; invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or any other act of public enmity, block of passage, revolution, riots, civil commotion, hostility, sabotage, political upheaval; any business compulsion or shutdown/breakdown of the Platform, site maintenance, break-down of machinery/device, impossibility of the use of public or private telecommunications networks or internet services, infrastructure failure, network failure or internet or network non-availability, disruption of normal working conditions; any acts, decrees, legislation, regulations, or restrictions of any government, as may be applicable; or any other causes or conditions beyond the control of the Company, whether directly due to or in consequence of the aforesaid causes and the existence of such causes or consequences.
“Personal Information” shall have the same meaning as ascribed to the terms “personal information” and “sensitive information” under the Privacy Act 1988 (Cth) (as amended from time to time), and under the Privacy Policy of the Company.
“Platform Fee” shall mean the fee charged by the Company for facilitating the Booking process and providing access to the Platform’s services. It covers the operational costs associated with maintaining the Platform, including but not limited to, website maintenance, customer support, and Platform development.
“Services” shall mean the diverse range of services offered by the Service Professionals as listed on the Platform, and shall include services such as:
Beauty and Grooming services: including hairstyling, hair cutting, shaving, spa treatments, make-up application, and other allied services;
Event planning services: including event decoration, catering, entertainment, and organization of parties, or cultural or religious gatherings;
Essential Household services: including pest-control, deep cleaning, and other essential home maintenance services;
Car and Driver services: Comprising private driver hire, on-demand services for professional vehicles, and vehicle rentals;
Specialized Transportation for events and weddings: including luxury car rentals, high-end chauffeur-driven vehicles for weddings, and transport arrangements for corporate events, parties, private functions, and other special gatherings; and
Such other services may be listed on the Platform from time to time.
“Service Professionals”/ “Service Providers” shall mean the individual professionals or local service entities engaged by the Company for rendering Services to the Clients within the select territory.
“Service Fee” shall mean and include the total fee payable by the Client for availing the Services of the Service Professional through the Platform, and includes, where applicable, Goods and Service Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), any other applicable indirect taxes, duties or levies imposed by law, the Platform Fee, and the Convenience Fee. Additionally, the Service Fee may include a Transaction Fee, depending on whether the payment is prepaid or postpaid.
“Transaction Fee” shall mean the costs associated with the digital processing and transferring payments from the Client to the Service Professional securely and efficiently.
“User” means any individual who has registered on, and has an Account on, the Platform.
“Visitor” means any individual who is not a User, and is solely visiting the Platform or opening the Platform in its browser and closing it, without availing any Services, or without making any Booking for the Services on the Platform.
ACCEPTANCE OF TERMS
The Visitor, User, and/or Client is deemed to have read, understood and accepted the T&Cs, in its entirety, as well as the Privacy Policy available on the Platform if the Visitor, User, and/or Client uses the Platform or avails the Services provided through the Platform in any way; and/or browses the Platform.
The Visitor, User, and/or Client acknowledges that BY ACCESSING AND USING THE PLATFORM, THE VISITOR, USER, AND/OR CLIENT AGREES TO BE BOUND BY THE T&CS CONTAINED HEREIN. IN THE EVENT, THE VISITOR, USER, AND/OR CLIENT DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, IT SHALL NOT ACCESS THE PLATFORM OR AVAIL OF THE SERVICES.
The T&Cs help define and establish a relationship between the Company and the Visitor, User, and/or Client, whereby the Visitor, User, and/or Client shall act in the capacity of a Service recipient.
The terms and conditions contained herein expressly supersede all prior agreements or arrangements between the Company and the Visitor, User, and/or Client.
The Visitor, User, and/or Client understands that the access to the Platform and the offer of Services is conditional upon the Visitor, User, and/or Client’s irrevocable consent and acceptance of all the terms, conditions, and obligations contained in these T&Cs (as may be amended from time to time). For utilizing the Services, the Client agrees to enter into or execute any document, agreement, or terms and conditions which are required by the Company and agrees to abide by such document or agreement or terms and conditions while utilizing the Services on the Platform.
By accessing the Platform, the Visitor, User, and/or Client hereby agrees to receive communication from the Company, regarding registration on the Platform or Platform Services, including but not limited to, any promotional, marketing, transactional messages, through email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the Visitor, User, and/or Client.
The Client represents that it is lawfully, without any disability or restriction, able to enter into contracts.
The Client acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform as well as the consequences of uploading or transmitting its data onto or through the Platform.
The Client acknowledges, represents, and warrants that with respect to any data uploaded to, posted on, or transmitted through the Platform that:
it has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants the Company, express, irrevocable license and authorization to use such data for the Services; and
any use by the Company of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any of your rights and/or any third party’s rights, over such data posted or transmitted through the Platform.
The Client agrees and acknowledges that it is solely responsible to the Company for any breach of its obligations, representations, and warranties under these T&Cs and for the consequences of any such breach, including any loss or damage which the Company may incur, whether directly or incidentally, due to any such breach.
CONDITIONS FOR USE
You must be at least 18 (eighteen) years of age or higher, in order to access, register, and use the Platform. By accessing, registering, and using the Platform, you warrant that you are 18 (eighteen) years of age or above, and have full legal capacity to enter into binding contracts under the laws of Australia, and hence you have the right, authority and capacity to use the Platform, and you therefore agree to abide by the Agreement.
You acknowledge that the Company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required eligibility. The Company will not be responsible for any consequences that may arise due to misuse of the Platform, by any person including a minor, registering, and using the Platform. Through your use of the Platform and its features, you warrant that the data provided by you, including your name, date of birth, and age is accurate and complete.
Notwithstanding the above, we reserve the right to suspend your Account and/or refuse to provide you with access to the Platform if it is discovered that you are under the age of 18 years.
OUR SERVICES
Through our Platform, we provide an online marketplace that connects you with multiple trusted and verified local Service Professionals offering a wide range of Services. Customers can easily browse, compare and book Services either at their doorstep or at the selected Service Professionals’ designated locations/venues. Our goal is to deliver a seamless, convenient, and high-quality experience tailored to your preferences and needs, making it easier than ever to access reliable services through our diverse network of trusted professionals.
The Company operates solely as an online marketplace that facilitates Bookings between Clients and independent Service Professionals. Unless expressly stated otherwise, the contract for the provision of the Services is entered into directly between the Client and the relevant Service Professional. The Company is not a party to that contract and is not responsible for the performance of the Services except to the extent expressly provided in these Terms or required by Applicable Law.
CONDITIONS FOR SERVICES AND THE BOOKING PROCESS
To avail the Services listed on the Platform, you shall be required to fulfill the following conditions:
CREATION OF ACCOUNT ON THE PLATFORM
Registration on the Platform: In order to access and avail our Services and to make a Booking Request, you will need to register and create an Account on our Platform. To create an Account, you will be asked to provide basic identification information to confirm your identity, including your first and last name, address, email address, mobile number, username, and password.
One-Time Password (OTP): For the purposes of verification of the authenticity of the email address and mobile number provided by the User as part of the registration process, the User will receive one OTP on the email address and another OTP on the mobile number. Each OTP will remain valid for 10 (“Ten”) minutes. Upon successful submission of the OTP, the verification process will be completed and the User shall become entitled to make Booking Requests for availing the Services.
Conditions for Account Creation and Use
The User hereby agrees to provide accurate and complete information for the purpose of Registration on the Platform. The Company shall not be responsible for verifying the accuracy and completeness of any such information. The User agrees and acknowledges that the onus of ensuring the completeness and accuracy of such information shall, at all times, lie with the User.
The Company reserves the right to reject the request for creation of the Account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect, or inaccurate.
The User agrees, undertakes, and declares that it has made its assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform, and it is expressly clarified that the Company shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by the Company under the Terms.
The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User, and that the Company shall not be liable for the same.
Upon creation of the Account, the Company grants the User a non-exclusive, limited privilege to access and use the Platform, subject to compliance with the T&Cs. The Account created by you for use of the Platform shall be non-transferable and its use is restricted only to you, and no other person.
You are solely responsible for your Account and any data therein, and must keep the log-in credentials (log-in ID and password) secure at all times. You shall not sell, transfer or sub-license the log-in credentials to any other person. You undertake that upon becoming aware of any unauthorized access to your Account, you shall promptly notify the Company of such unauthorized use or access at support@flickez.com. You agree and acknowledge that you will be solely responsible for any failure to notify the Company regarding any such unauthorized use of your Account, as well as for any losses/damages resulting from such unauthorized use, and that the Company shall bear no responsibility or liability, whatsoever, for the same.
To maintain control over the Account and to prevent anyone from accessing the Account (which would include information on viewing history for the Account), the Account owner should maintain control over the devices that are used to access the Service and not reveal the password or details of the Payment Method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place your Account on hold in order to protect you, the Company, the Service Professionals and/or our partners from identity theft or other fraudulent activity. You agree that the person who created the Account on our Platform and whose payment method is charged is responsible for any activity that occurs through the Account.
The User Account shall display the following details:
Profile Information- This section will display the User’s name, email address, mobile number, profile photo (optional), and any other relevant details, as may be required to identify the User. The User may edit and update their information at any time.
Booking history- This section shall display a record of all past Services availed through the Platform, along with the dates, service details, and payment status.
Active Bookings- This section will display the details of the current and upcoming Bookings, including: (i) description of the Services booked; (ii) date, time, and location of the Services booked; (iii) Assigned Service Professional(s); (iv) Real-time tracking; (v) Payment status (paid, pending, or partially paid); and (vi) Booking status (confirmed, in-progress, completed, or cancelled).
The User agrees that its usage of the Platform and viewing various Services and products listed on the Platform shall not, in any manner, imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether legal or otherwise), or approval of any brand, brand owner, or IP owner, in favor of such Products, or of the Service Professional with respect to the Services. Furthermore, the brand, brand owner, or IP owner does not provide any warranty regarding the quality and genuineness of the products, consumables and equipment used by the Service Professionals to render the Services, and of the quality of the Services rendered by each Service Professionals. The User agrees that the Company is only an online aggregator for the Services, and the Service Professionals shall be fully and completely responsible for the quality of the Services rendered, and the products, consumables and equipment used by the Service Professional to render the Services.
The use of the Platform is only for the purposes permitted by: the T&Cs contained herein; and any Applicable Law, rules, regulations, or generally accepted practices or guidelines and the same shall not be for any illegal purpose or any other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.
BOOKING PROCESS
You may book a Service through the Platform by following the steps below:
Choose your geographical location: Begin by selecting your current city or area (e.g., Sydney, Melbourne, Brisbane, etc.). The Platform will filter and display only those Service Providers who are available in the selected geography.
Search for the category of the Service you wish to avail by using categories, keywords, or your location. Simply type what you need in the search bar, and the Platform will display Service Professionals offering that service in your area. You may also explore “Quick Booking” options or browse “Most Popular Services” available near you.
Select the specific Service(s) from the chosen category.
Review the details of the selected Services, including pricing, service description, availability, and any relevant additional terms provided by the Service Provider. Prices are set by individual Service Professionals and may vary based on the Service offered. Some Service Professionals may offer discounts, promotions, or package deals. You can also use the “compare” function on the Platform to select and compare multiple Service Professionals to make an informed choice before Booking.
Choose your preferred Service Provider from the list of available professionals for the selected Service. You can view reviews and ratings for each Service Professional on their profile, left by previous customers, which provide insights into the quality of service and the customer’s experience.
Select your preferred date, time, and service location (at-home or at-store) based on the Service Provider’s available slots, for the appointment.
Provide your contact information, including your email address and mobile number, for OTP verification.
Confirm your Booking Details and proceed to the payment section:
For prepaid Bookings: Pay the full Service Fee upfront, which shall be inclusive of the nominal Booking Fee.
For post-paid Bookings: Pay only the nominal Booking Fee at the time of Booking. Provide valid payment details (such as a valid card details, PayID, or a valid bank account details) at the time of booking. The remaining Service Fee shall be automatically charged upon completion of the Services, with the Booking Fee being adjusted with the final amount due.
Complete the payment process, where applicable, to secure your Booking.
Once a Service is successfully booked, the selected Service Professional will be notified through the Platform. While you select from the Service Professional’s available date and time slots, the final confirmation of the Booking may be subject to the Service Provider’s acceptance, and will be confirmed by the Service Professional within 1 (“One”) hour of receiving the Booking Request. The Booking shall be subject to various factors, including the availability of the Service Professional, the nature of the Service requested, and the proximity of the Client’s location. In case of non-acceptance of the Booking or due to any unforeseen unavailability, you will be promptly notified and given the option to reschedule or choose a different Service Provider.
Upon successful Booking, a confirmation message containing details of your Appointment, including the selected Service Professional, date, time, location, and payment summary, shall be sent to your registered email address and mobile number.
The selected Service Professional shall arrive at the designated location (at-home or at-store) at the scheduled Appointment Slot and deliver the confirmed Services.
The User agrees to provide all information, access and reasonable cooperation necessary for the Service Professional to perform the booked Services.
Re-Booking a Preferred Service Professional: If the User has previously availed the Services from a Service Professional through our Platform and has rated the Service Professional 4-stars or higher, the User may choose to re-book the same Service Professional for future Appointments, subject to their availability, as per the following process:
Add the desired Services to the cart as per the process specified under Clause 6.1. to 6.8. above.
Select the preferred Service Professional for the chosen Service, from the previous Booking history by selecting their available Appointment Slots. In the event the previously selected Service Professional is not available, the User may opt for a new Service Professional as well in the same manner as specified in Clause 5.2.1. above.
Choose the available date and time slot from the preferred Service Provider’s available time slots.
Select the preferred location, i.e., at-home or at-store.
Complete the Booking process and proceed with payment as per the applicable payment model (prepaid or post-paid).
Upon successful Booking, a confirmation message containing details of your Appointment, including the selected Service Professional, date, time, location, and payment summary, shall be sent to your registered email address and mobile number.
The assigned Service Professional shall arrive at the desired location at the scheduled time and will perform the confirmed Services.
Substitution: In case of the unavailability of, or cancellation by the originally selected Service Professional, due to any reason whatsoever, the Platform will notify you promptly and allow you to either:
select a different Service Professional from the available list for the chosen Service(s); or
cancel the Booking at no charge. The Platform does not unilaterally assign a new Service Professional.
Reviews and Ratings of Service Providers: Users may view reviews, ratings, and feedback left by other customers for each listed Service Provider on their profile. These user-generated reviews offer insights into the quality of Services delivered, professional conduct, timeliness, and overall customer satisfaction, and may also include additional information such as years of experience and service highlights. The Platform encourages Users to consider these reviews to make informed booking decisions. While the Platform moderates content to ensure authenticity and relevance, it does not guarantee the accuracy of all reviews and shall not be held liable for any decisions made based on such content.
PRICING, SERVICE FEES AND OTHER PAYMENT TERMS
Pricing/Service Fee: The Company follows a transparent pricing policy. The prices displayed on the Platform for each listed Service reflects the total cost payable for such Services. These prices are set by the respective Service Providers and may vary between providers. Each Service Provider listed on the Platform reserves the right to revise the pricing at any time, at its sole discretion. However, any revised prices provided by the Service Providers shall not apply to confirmed bookings made before such revisions.
Payment of Service Fee and Transaction Fee: In lieu of the Services availed by you through the Platform, you agree to pay the applicable Service Fee (inclusive of the Transaction Fee) to the Company at the time of Booking. All payments must be made exclusively through the Platform, using the payment methods enabled by the Company. Cash payments are strictly prohibited.
Prepaid Bookings: For prepaid Services, you shall pay the applicable Service Fee (inclusive of the Transaction Fee) in advance using one of the designated payment methods facilitated by the Company, including, but not limited to, credit cards, debit cards, BPAY, PayID/Osko bank transfers, digital wallets (such as Apple Pay, Google Wallet and PayPal) and other third-party payment processors approved by the Company (collectively, “Payment Processors”). It is important to note that the Service Fee is payable to Service Professionals only once the Service is completed successfully and upon expiration of the 24 (twenty-four) hours time period following such completion, provided that no dispute has been raised by the customer regarding the said Service. The Company solely acts as a limited collection agent on behalf of the Service Professionals, for the sole purpose of accepting and remitting the payments due to them.
Post-Paid Bookings: For postpaid Services, you shall be permitted to pay the applicable Service Fee (inclusive of the applicable Transaction Fee) upon completion of the booked Services. At the time of Booking, you will be required to provide valid payment details (such as a valid debit or credit card details, PayID, or bank account details) through the Platform’s secure payment gateway. The Service Fee shall be securely held in escrow by the Platform and will only be deducted after the Service Provider confirms successful completion of the Service through the Platform. In the event you are not satisfied or experience issues with the Services, you must report the issue through the Platform’s customer support within 24 (twenty-four) hours of completion of the said Service to initiate a dispute. During this time, the payment shall be held in escrow, as specified in Clause 6.2.3. below, and will not be released to the vendor. If no issue is reported within this period, the payment shall be deemed final, and automatically processed and released to the Service Provider. In no event shall any payment be made in cash directly to the Service Professional, and all payments must be made electronically using the designated payment methods offered on the Platform, including debit/credit cards, BPAY, PayID/Osko, digital wallets, and other approved digital payment options. Please note that refunds or rework requests are subject to the individual Service Provider’s policies, which are visible on their respective listing page. The Company will facilitate such requests in accordance with its internal dispute resolution process, but does not guarantee refunds unless explicitly stated in the Service Professional’s policy.
Disbursement of Service Fees to Service Professionals: The Company acts solely as a limited collection agent on behalf of the Service Professional, for the purpose of accepting and processing payments from Users. The Service Fee shall be retained by the Company in escrow and will be released only after one or more of the following confirmations t of successful service completion:
Confirmation from the Service Provider through the Platform;
User acknowledgment via the Platform (e.g., feedback, rating, or confirmation input); or
Internal verification processes established by the Company to validate completion of Services.
The Company reserves the right to withhold or delay payment to the Service Professional in case of any disputes, customer complaints, or suspected non-compliance or misrepresentation regarding the status or quality of the Services rendered.
Display of Fees and other terms: At the time of Booking, the Service Fee, Transaction Fee, and any other applicable charges will be clearly displayed on the Service page. These charges may vary depending on the type of Service and the selected Service Professional.
Surge Pricing and Promotional Offers
Surge Pricing: You acknowledge and agree that the Service Fees may vary based on certain factors, including but not limited to, periods of high demand (such as peak hours, special events, or high-traffic seasons). The Company may apply dynamic or surge pricing during such periods. Surge Pricing will be reflected on the Platform at the time of booking, and the applicable fee will be binding once the Booking is confirmed. The Company shall make reasonable efforts to notify you in advance of any surge pricing applicable to your Booking. You agree to pay the Service Fee as displayed on the Platform at the time of booking, which may include such additional charges. Surge Pricing is implemented to account for increased demand and is non-negotiable. Cancellations or modifications for Bookings made during periods of surge pricing may be restricted or disallowed, and any such limitations will be communicated on the Platform at the time of Booking.
Promotional Offers: From time to time, the Company may offer discounts, promotional pricing, or special offers on select Services, which may be available for a limited time period or subject to specific conditions (e.g., festive seasons, holidays, or special campaigns). These offers will be clearly communicated and available on the Platform, and will be applicable only for the period specified. The Company reserves the right to modify or terminate any promotional offers at its sole discretion. Any promotional discounts or offers applied at the time of Booking shall be subject to the terms and conditions associated with the specific offer. Bookings made using promotional offers shall be non-refundable and non-cancellable, unless otherwise explicitly stated.
Mutual Exclusivity: Surge pricing and promotional offers are mutually exclusive and will not be applied simultaneously to the same Service. In the event of conflicting pricing mechanisms or any overlap, the terms and pricing applicable to your Booking, as clearly stated on the Platform at the time of Booking, shall prevail.
You acknowledge and agree that the Service Fees may substantially increase in certain geographical areas during periods of high demand. The Company will make reasonable efforts to inform you of applicable Service Fees. However, by using the Platform, you are responsible for the payment of the Service Fees incurred under your Account, regardless of your awareness of such Service Fees, or any other charges.
The Company also reserves the right to:
modify, vary, or restrict/limit the modes of payment available to you based on various factors including but not limited to, the type and nature of Service, your geographical location, availability of payment methods, and other operational considerations. Please note that certain payment methods, such as cash upon completion, may not be available.
modify, introduce/add, or remove payment methods available on the Platform, at its sole discretion. Any changes to the accepted payment methods will be communicated to you on the Platform.
You understand and agree that certain payment methods may incur additional fees, charges, or levies imposed by third-party Payment Processors or financial institutions. These fees or charges are beyond the control of the Company and shall be borne solely by you.
By choosing to make payments through third-party Payment Processors, you acknowledge and agree to abide by their respective terms and conditions. The Company shall not be liable for any errors, disputes, delay, failure, or other issues arising from the use of third-party Payment Processors, or for any errors made by the Payment Processor. It is your responsibility to ensure the accuracy and security of your payment information when using these services. In case of an unsuccessful payment, the debited amount will be credited in accordance with the applicable terms of the respective Payment Processor. Any refund or chargeback will also be handled in accordance with the terms of the respective Payment Processor.
The Company reserves the right to suspend or terminate your access to the Platform in case of any suspected fraudulent activities, misuse of payment systems, or violation of payment terms and conditions. Such actions will be taken at the sole discretion of the Company, without prejudice to any other rights or remedies available to the Company under applicable laws or agreements.
Subscriptions: The Company may offer optional subscription packages for a fee, providing Customers with additional benefits, including discounted pricing. Subscription plans shall be governed by supplementary terms and conditions which will be displayed on the Platform, and shall form and be considered an integral part of these Terms.
Gratuity or Tip: The Company does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation or indication on the Platform that tipping is “voluntary”, “not required”, or “included” in the payments for Services or in the Service Fee does not imply or obligate the Company to make any additional payments to Service Professionals. You have the right (but not an obligation) to provide additional payment as a gratuity directly to any Service Professional, as you deem appropriate. Such voluntary gratuity, tip or payments are solely at your discretion and are not collected, processed, or distributed by the Company, and the Company shall not be liable or responsible for the said payments.
CANCELLATION OF BOOKING AND REFUND
Cancellation and Rescheduling of Booking by User (General and Default Policy): Users may cancel or reschedule their Bookings through the Platform within the time frames allowed by the respective Service Provider’s cancellation and rescheduling policies. Cancellation fees may apply as per the Service Provider’s terms, which will be clearly displayed on the Platform at the time of booking. Users are advised to review these policies carefully before confirming a Booking. In the absence of any specific policy from the Service Provider, the Platform’s general cancellation terms, as outlined below, shall apply:
General Cancellation Terms (Timeline and Charges, applicable only if no- Service Provider specific policy is provided): Subject to the exceptions set out in Clauses 8.2. and 8.3. below, User(s) may cancel a Booking at any time prior to their scheduled Appointment Slot, as specified below:
For all cancellations made more than 24 hours before the scheduled Appointment Slot (Service Time): The Booking shall be cancelled without any deduction, and the User shall be entitled to a full refund of the Service Fee (if prepaid).
For all cancellations made between 24 hours and 2 hours before the scheduled Appointment Slot (Service Time): The Booking Fee shall be charged as a cancellation fee. The balance amount of the Service Fee (if prepaid) shall be refunded.
For all cancellations made within 2 hours before the scheduled Appointment Slot (Service Time): The full Service Fee shall be charged. No refund shall be provided in the case of prepaid orders. In the case of postpaid bookings, the User shall remain liable to pay the full Service Fee as a cancellation charge. Failure to make, or any default in making, such payment (such as insufficient account balance, etc.) may result in suspension of the User’s access to further bookings on the Platform until the outstanding amount is cleared.
Refunds for Prepaid Bookings: Where a Booking is cancelled in accordance with Clause 8.1.(i) and is eligible for a refund, the Company shall process the refund to the original source of payment within 7 (seven) to 15 (fifteen) working days from the date of receipt of cancellation request. The Company reserves the right to charge you or deduct applicable taxes, if any, payable before processing the refund.
Postpaid Bookings: In the case of postpaid bookings, if the Booking is cancelled after the two-hour window described above, the User shall remain liable to pay the full Service Fee, and such amount shall be chargeable through the Platform.
No Refunds: If a Service is booked during peak seasons, festive periods, or as part of any special offer or promotion on the Platform, cancellation of Booking shall not be permitted. In the event the User decides to proceed with the cancellation, no refund shall be provided upon such cancellation: (i) in case of a Prepaid Booking, the full Service Fee shall be forfeited by the Company; and (ii) in case of a Post-Paid Booking, the full Service Fee shall remain payable by the User to the Company. The Company reserves the right to automatically deduct the Service Fee from the payment method provided by the User at the time of Booking. If the automatic deduction fails due to any reason (such as insufficient balance or invalid payment method), the User’s access to the Platform may be suspended until the outstanding amount is successfully collected.
Service Provider-Specific Cancellation Policies: The Platform allows the Service Professionals to define their own cancellation and refund terms that differ from the General Policy in Clause 8.1. above. In such cases, the specific cancellation and refund terms applicable to the Service shall be clearly displayed on the Platform at the time of Booking. To cancel or reschedule, simply click on the reschedule or cancellation button in your Booking details and follow the prompts. The cancellation and refund terms may include, but are not limited to:
Full refund for cancellations made a specified number of hours (e.g., 24 or 48 hours) in advance;
Partial refund or deduction of cancellation charges for cancellations made within a shorter notice period.
Where such specific policies are made available on the Platform at the time of Booking, they shall prevail over any general cancellation terms under Clause 8.1., to the extent of any inconsistency.
Non-Cancellable or Non-Refundable Services: You acknowledge and agree that some Services may be designated as strictly non-cancellable and non-refundable, including but not limited to:
Services booked during festive seasons, high-demand or surge pricing periods, or promotional events;
Services explicitly marked as “non-cancellable” or “non-refundable” on the Platform.
In such cases, no refund shall be provided upon cancellation, and the entire Service Fee shall be retained by the Company or the Service Provider, as applicable.
Refund Process and Timelines for Service Provider-Specific Cancellation Policies: Where cancellation is permitted, and a refund is approved in accordance with a Service Provider’s specific cancellation terms under Clause 7.2. or as per the terms of the General Policy under Clause 7.1., the refund shall be processed within the timeline specified in such policy, or within 7 (seven) to 15 (fifteen) working days from the date of cancellation, whichever is applicable. The refund will be made to the same payment source used for the original transaction, and applicable taxes from the Service Fee. The Company or the Service Provider (as applicable) may deduct Booking Fee, applicable taxes, administrative charges, cancellation fees, transaction charges, or other applicable costs from the Service Fee. The remaining balance (if any) shall be refunded to the User’s original method of payment.
Cancellation by Service Provider or Company: If a Booking is cancelled by the Service Provider or the Company due to unavailability, technical error, or other operational issues, a full refund of the Service Fee shall be processed to the User’s original payment method within 7 (seven) to 15 (fifteen) working days from the date of successful cancellation. The Company, however, reserves the right to charge you or deduct applicable taxes, if any, payable on such Service Fees.
Discretionary Review: The Company reserves the right to assess and determine eligibility for refund on a case-by-case basis in the event of customer complaints, service deficiencies, no-show by Service Professional, technical failure, force majeure events, or other extenuating circumstances.
Disclaimer of Liability: The Platform is a mere facilitator and shall not be liable for any loss, damage, or deficiency in Service attributable to the Service Provider. All claims must be directed to the respective Service Provider, unless otherwise stated in the Platform’s Dispute Resolution Policy.
No-Show by Service Professional: In the event that a Service Professional fails to arrive at the scheduled time and location without prior notice (“No-Show”), the User is advised to promptly contact the Platform’s customer support team through the Platform. The Company will initiate an investigation into the incident and may offer appropriate redressal, which could include rescheduling the Service at no additional cost, or processing a refund of the Booking Fee or full Service Fee, as applicable, depending on the circumstances. The resolution provided will be subject to verification of the No-Show and governed by the Platform’s Dispute Resolution Policy and applicable Service Professional-specific terms.
SAFETY OF CLIENTS AND SERVICE PROFESSIONALS
At FlickeZ, the safety of our Clients and the Service Professionals is of utmost priority and is taken extremely seriously by the Company.
Safety of Client: To ensure Client safety, the Company conducts background checks and verification procedures on all the Service Professionals before onboarding them onto the Platform for rendering Services.
Safety of the Service Professionals: Client Conduct
The Company strictly prohibits any form of discrimination against Service Professionals, including but not limited to, discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic or status protected under Applicable Law. Such discrimination includes, without limitation, any refusal to accept Services or refusal to cooperate with the Service Professionals on any of these grounds.
Clients are expected to treat all Service Professionals with courtesy, dignity, and respect, and must ensure that the space or premises where the Services are to be performed, whether at the Client’s residence or at a designated location, is clean, safe, and appropriate for such Services. Service Professionals reserve the right to decline or discontinue the Services, if in their reasonable judgment, the premises are unsafe, unclean, or if the Client engages in discourteous, disrespectful, abusive, unlawful, or otherwise inappropriate behaviour with such Service Professional. The Company also reserves the right to withhold access to the Services and limit the Client’s access to the Platform, at its absolute discretion, if the Client is found to behave towards any Service Professional in a discourteous, disrespectful, or abusive manner, or engages in conduct which is otherwise deemed inappropriate or unlawful.
The Client shall be liable for any discriminatory conduct against Service Professionals or for any failure, intentional or otherwise, to provide a safe, clean, and suitable space or premises for the performance of Services. Further, the Client is obligated to disclose any and all information, to both the Company and the Service Professional, that may have a bearing on the ability of the Service Professional to perform the Services or that may affect the health, safety, or well-being of the Service Professional or the Client during the provision of the Services. This includes, without limitation, any hazardous conditions, contagious illnesses, or other material risks present at the service location.
In the event a Service Professional behaves in a discourteous, disrespectful, abusive, or inappropriate manner, or acts in violation of the law, Clients shall be required to report such incident to the Grievance Officer at ________________, at the earliest, but in any case, within 48 (“Forty-eight”) hours of the occurrence of the incident.
GENERAL UNDERTAKING BY VISITOR/ USER/ CLIENT
The Visitor/User/Client hereby undertake to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, the Visitor/User/Client agree not to:
systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Platform, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretense.
use a buying agent or purchasing agent to book Services on the Platform.
use the Platform to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
engage in unauthorized framing of or linking to the Platform.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
attempt to impersonate another User or person or use the username of another User or person, or misrepresent its affiliation with a person or entity, and/or to sell or otherwise transfer your registration profile/Account.
use any information obtained from the Platform in order to harass, abuse, or harm other persons/Users.
use the Platform as part of any effort to compete with the Company, or otherwise use/exploit the Platform and/or the content for any revenue-generating endeavour or commercial enterprise, except as expressly permitted under a valid agreement with the Company (including for approved Service Providers).
attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you, or our Service Professionals rendering any Services to you.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making part of the Platform; delete the copyright or other proprietary rights notice from any content on the Platform; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.
decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of or access to the Platform or its Services.
attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform.
use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.
upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.
make any other use of the Platform which would or has the ability to violate these T&Cs and/or any applicable laws or regulations.
the Client undertakes to ensure that any material/information/data uploaded by it on the Platform is strictly of nature and context as required by the Platform for the relevant Service, and is not in violation of any Applicable Law in force.
disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers, or networks connected to or accessible through the Platform.
cause any interference or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
upload or distribute files that contain such material which is infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law, unless the Client has the rights or the necessary consents thereto.
use the Platform or Services for any purpose that is fraudulent, unlawful, or prohibited by the T&Cs and/or by any applicable law in force, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and/or any of its Affiliates.
upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to Company and/or any of its Affiliates, or is objectionable in any manner whatsoever;
OWNERSHIP OF INFORMATION ON THE PLATFORM AND INTELLECTUAL PROPERTY RIGHTS
Any information or content, published by Company on the Platform, directly or indirectly, shall exclusively belong to the Company, including the information, specifications, photographs, images related to the Service(s) displayed on the Platform, save and except the brand name, logo, or any trademark or symbol displayed on the Platform to identify the Service Provider offering such Services, which shall belong to and be solely owned by the respective Service Providers. The sole purpose of using and displaying the original brand name, logo, or any trademark or symbol, if any, of the Service Provider, is to help the Users identify their preferred service provider and ensure transparency in the Booking process. The copying of any such content or information for commercial purposes shall constitute a violation of the Company’s copyright, and the Company reserves the right to take appropriate legal action under Applicable Law, before the competent court.
The title and ownership of the Platform and the arrangement and process thereof, including but not limited to information, text, graphics, user interfaces, visual interfaces, images, Company’s logos, button icons, software code, object code, design, structure, and the collection, arrangement, and presentation of the information on the Platform, is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and shall, at all times, vest with the Company. You shall not modify, reproduce, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.
The trademarks, logos and marks related to the Company, and displayed on the Platform are the property of the Company (“Company’s Trademarks”), except the brand names, logos, trademarks, etc. related to the Service Providers listed and displayed on the Platform (“Service Provider’s Trademarks”), all of which shall belong to and be owned by their respective owners. The User/Client/Visitor shall not use the Company’s Trademarks in any manner whatsoever, without the prior written consent of the Company. The User/Client/Visitor shall not use Service Provider’s Trademarks in any manner whatsoever, without the prior written consent of the actual owner of such Trademarks. In the event the User/Client/Visitor infringes or attempts to infringe the copyrights, trademarks, or other intellectual property rights of the Company, the Company may, in its sole discretion, deny the User/Client/Visitor access to and use of the Platform. In the event the User/Client/Visitor infringes or attempts to infringe the Service Provider’s Trademarks, the Company shall not be held liable for the same, in any manner whatsoever and howsoever. The Service Provider shall be entitled to take any legal action against such User/Client/Visitor.
The User/Client/Visitor understands and agrees that the Service Provider’s Trademarks are owned exclusively and absolutely by their respective owners. Nothing in these T&C implies the vesting or transferring of ownership of such Service Provider’s Trademarks in the name of the Company.
The User/Client/Visitor agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform belonging to the Company, without obtaining prior written consent from the Company. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the Company, as the holder/owner of copyright, to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any User/Client/Visitor any right to use any proprietary information or intellectual property of the Company without obtaining written permission for the same.
The User/Client/Visitor agrees and understands that any breach of this clause, or of these T&Cs, by the User/Client/Visitor would cause irreparable damage to the Company, and the Company therefore, reserves the right to seek injunctive relief against the User/Client/Visitor, in addition to other remedies available in law and equity, before the competent court/legal forums.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform.
Any content uploaded by you on the Platform, or any information submitted by you on the Platform does not infringe applicable laws, rules, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles thereunder, any third-party rights, including but not limited to intellectual property and privacy rights.
All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.
Your use of the Platform conveys your acceptance of the terms of Company’s Privacy Policy. The Company shall not in any manner be liable for the correctness, authenticity or accuracy of the information submitted by you, and the same shall solely be your responsibility.
By registering on the Platform, you represent and warrant that:
All information you submit at the time of registering your Account will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such information as necessary.
You have the legal capacity to, and you agree to, accept and comply with these Terms.
If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or Company is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then Company reserves the right to discontinue your use of, and access to, the Platform, and may suspend/terminate your Account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action against any User creating a fake account on the Platform.
You will not use the Platform for any illegal or unauthorized purpose.
Your use of the Platform will not violate any applicable laws or regulation.
CONFIDENTIALITY
The User/Client/Visitor acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any business/customer information, trade secrets and process of Company relating to its business practices or in connection with the provision of Services by Company, trade and business of Company, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to Company, available to it through Platform (hereinafter referred to as the “Confidential Information”) is of a sensitive and confidential nature.
The User/Client/Visitor undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality of such Confidential Information. The User/Client/Visitor undertakes to use all Confidential Information with such care and discretion, but not less than reasonable standard of care, to avoid disclosure, communication, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, communicate, publish or disseminate, without its prior written consent or in an unauthorized manner.
The User/Client/Visitor may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the User/Client/Visitor shall immediately inform Company of such request for disclosure, to enable Company to obtain any order to prevent or limit the disclosure of Confidential Information; and
The User/Client/Visitor agrees:
to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;
to use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and
not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of the Company or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to the Company.
COMMUNICATION AND SUBSCRIPTION
Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMS, to the contact number and email address provided by you. By accessing, registering on the Platform, and thereby verifying your contact number and email address for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services, any promotional campaigns and offers.
You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.
You agree to cooperate with the Company, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:
Obtaining feedback/reviews with respect to the Platform.
Resolving complaints/grievances raised by you with respect to your use of the Platform, and/or of Services.
LIMITATION OF LIABILITY
The Company and its Affiliates, employees, agents, and associates make no warranty, express or implied, with respect to the Platform or its contents, the Services and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other User, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by the Company on the Platform.
The Company, its, employees, agents, associates and Affiliates, will not be liable with respect to any subject matter relating to the T&Cs under any law of contract or torts, or on account of negligence, strict liability or other legal or equitable rights for:
any special or consequential damages;
for interruption of use;
loss or corruption of data.
The Company shall not be liable or responsible for:
any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;
any damage that occurs due to any information provided by the Client but not being received by Company or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in Company’s control);
any delay, failure or inability to provide the Services to the extent caused by inaccurate, incomplete or misleading information provided by the User or the User’s failure to provide reasonable cooperation.
any Confidential Information of the User/Client being used in any manner contrary to Clause 12 of the T&Cs;
any loss or damage caused due to any bugs, viruses, worms, malware, spyware, or any similar program that may infect the Visitor/User/Client’s computer, software, data, or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from the Company/Platform;
any failure to perform, or delay in performance of, any of the obligations due to events outside reasonable control of Company;
any failure to perform, or delay in performance of, any of the Services by the Service Professionals selected through the Platform, including but not limited to a No-Show Service Professional;
The Company is not responsible for any indirect losses including, without limitation, loss of income, business, profits, data or any injury to reputation, howsoever arising.
The Company is not responsible for any liability for any loss, costs or damage arising out of or in connection with the use of the Platform or the inability to use it or for any delay or failure in the performance of the Services on account of the Service Professional or due to any Force Majeure Event or any other circumstances beyond the control of the Company.
The User/Client acknowledges that Company aims to facilitate seamless data and transaction processing, and that the Company is not responsible for any failure of the Platform to store, transfer or delete data or for the corruption or loss of any data, information, or content uploaded therein. The accessing, and handling of any data uploaded by the User/Client on the Platform shall be the sole responsibility, and at the sole risk, of the User/Client.
AUSTRALIAN CONSUMER LAW
Nothing in the T&Cs excludes, restricts, or modifies, or purports to exclude, restrict, or modify, any consumer guarantee, right, or remedy conferred on the User/Client under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot lawfully be excluded, restricted, or modified. Any provision of these Terms that is inconsistent with such rights will be read down to the extent necessary.
TRANSFER OF RIGHTS
The T&Cs are binding on the User/Client/Visitor, its successors and permitted assigns. It may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities, or obligations hereunder without the prior written consent of the Company.
However, Company may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities, or obligations under the T&Cs, at any time, or may involve or appoint any third party to satisfy its obligations, without any necessity to notify the Client.
SECURITY OF DATA
All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with the security standards adopted by the Company for processing and storing its own information of a similar nature. The Company has implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the User/Visitor/Client against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the User/Visitor/Client against unauthorized access to its data.
Personal Information may be stored or processed in Australia or in other jurisdictions where the Company’s service providers or infrastructure are located, as described in the Privacy Policy.
The User/Visitor/Client further acknowledges and agrees that it has granted Company the permission as well as the non-exclusive right to store and transfer its data, as part of the Services.
The Company reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.
MODIFICATION OF T&CS
The User/Client/Visitor acknowledges and agrees that the Company has the right to revise, modify, amend, or discontinue any of the T&Cs from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and the Company shall not be obligated to obtain any approval/consent of the User/Client/Visitor on the revised T&Cs. The User/Client/Visitor is deemed to be aware of the latest T&Cs and the use of the Platform and the availing of the Services is subject to the most current version of the T&Cs available on the Platform at the time of such use. The use of Platform and Services subsequent to any modification in the T&Cs will constitute the User/Client/Visitor’s acceptance of the modification.
DISCLAIMER
All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and the Company assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, the Company shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.
The information on the Platform may contain inaccuracies or typographical errors. While the Company shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.
The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.
INDEMNIFICATION
The Client hereby agrees to indemnify, defend, and hold harmless the Company (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by the Company/caused to Company on account of the Client’s use of the Platform or the Services, including but not limited to, the violation of the T&Cs.
GOVERNING LAW AND JURISDICTION
These T&Cs are governed and construed in accordance with the laws of Queensland, Australia and the Client hereby submits themselves to the exclusive jurisdiction of courts and tribunals of Queensland, Australia. The Client irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of Queensland, Australia as an inconvenient forum.
SEVERABILITY
Every provision contained in these T&Cs shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.
WAIVERS
Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under these T&Cs shall, in any way, impair or affect the exercise thereof or operate as a waiver thereof, in whole or in part.
No single or partial exercise of any right, power, or privilege under these T&Cs shall prevent the exercise of any other right, power, privilege or remedy under these T&Cs.
DISPUTE RESOLUTION AND CUSTOMER COMPLAINTS
In case of any complaints, dissatisfaction, or disputes arising out of a Booking, including, but not limited to, Service delays, non-performance, unsatisfactory service quality, or a No-Show by the Service Professional, Users must notify the Platform’s Customer Support within 24 (twenty-four) hours of the scheduled completion of the Service. Complaints can be raised before the Platform’s Customer Support team at ___________________. Upon receiving the complaint, the Platform shall:
Review the issue in coordination with the concerned Service Professional;
May request additional information or evidence from the User (such as photos, screenshots, or a description of the issue);
Attempt to resolve the dispute in good faith, and where applicable, offer redressal such as refunds, rescheduling, or reassignment of another Service Professional.
The final resolution shall be made by the Company, who will investigate complaints fairly and in good faith, having regard to the evidence provided by the User, the Service Professional, the specific terms and policies as displayed on the Platform at the time of Booking, any applicable Platform policies, and any other relevant information.
CUSTOMER SUPPORT AND GRIEVANCE REDRESSAL
If you experience any issues related to your Booking, payment, the performance or conduct of a Service Professional, or the quality of the Service received, you must contact the Platform’s Customer Support team at support@flickez.com. Upon receiving your complaint, our support team will initiate an investigation, coordinate with the relevant Service Provider where necessary, and aim to resolve the matter within 24 (twenty-four) to 48 (forty-eight) hours, subject to the nature and complexity of the issue. The Company is committed to providing timely assistance to ensure a smooth and satisfactory experience for all Users.
CONTACT INFORMATION
Please feel free to contact us if you have any questions about our T&Cs or the information practices adopted by the Platform, on the below mentioned details: