Agreement to these terms
These Terms of Service (“Terms”) are a legal agreement between you and SAMIES LIMITED, trading as ONCLIKS (“ONCLIKS”, “we”, “us”, “our”), a company registered in Scotland under company number SC784437, with its registered office at 32 Stanley Street, Glasgow, G41 1JB, United Kingdom.
By creating an account, accessing, or using any ONCLIKS product or service (the “Services”), you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Services. If you use the Services on behalf of a business, you confirm that you are authorised to bind that business to these Terms.
Definitions
- Services — the software products, websites, applications, and related services provided by ONCLIKS.
- Business Client — a business that registers for an account to use the Services.
- End Customer — a person who interacts with, or places an order through, a Business Client that uses the Services.
- Content — information, menus, catalogues, messages, media, and other material submitted to or generated through the Services.
Eligibility & accounts
The Services are intended for businesses and for users aged 18 or over. To use most features, you must register for an account and provide accurate, complete, and current information.
You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Notify us promptly at hello@oncliks.com if you believe your account has been accessed without authorisation.
The services
ONCLIKS provides software that helps businesses operate — which, depending on the product, may include receiving and processing customer orders (including over messaging platforms such as WhatsApp), taking payments, managing customer information, and automating operational tasks.
We may add, change, or remove features, and may release new products, at our discretion. We aim to give reasonable notice of material changes that adversely affect how you use the Services.
Your responsibilities
As a Business Client, you are responsible for:
- Accuracy of your content — including menus, prices, catalogues, and any information shown to your End Customers.
- Fulfilling your obligations to End Customers — including delivering goods or services, handling refunds, and responding to complaints. ONCLIKS provides the software; it is not a party to the transaction between you and your End Customers.
- Your own legal compliance — including consumer protection, food safety, tax, licensing, and any rules that apply to your business.
- Your third-party accounts — including any WhatsApp Business or payment account you connect, and compliance with those platforms’ terms.
- Lawful communications — ensuring your messaging to End Customers complies with applicable law and platform policies.
Third-party services
The Services rely on third parties — for example Meta Platforms (WhatsApp), Stripe (payments), and AI processing providers. Your use of those services through ONCLIKS is also subject to their respective terms and policies. We are not responsible for the acts, omissions, availability, or content of third parties, and their terms may change independently of ours.
Fees & payment
Access to the Services may require payment of subscription or usage fees, which will be described at sign-up or in your order. Unless stated otherwise, fees are exclusive of applicable taxes, which you are responsible for.
Where the Services process payments from End Customers, those payments are handled by our payment provider, Stripe, and are settled to the relevant Business Client’s connected account, subject to any applicable ONCLIKS fees. ONCLIKS does not store full card details. Fees already incurred are non-refundable except where required by law or expressly stated.
Acceptable use
You agree not to use the Services to:
- Break the law, or facilitate any unlawful activity.
- Send spam, or messages that violate platform or messaging rules.
- Infringe the intellectual property or privacy rights of others.
- Upload malicious code, or attempt to disrupt, probe, or gain unauthorised access to the Services.
- Misrepresent your identity or your business, or use the Services to deceive.
- Resell or provide the Services to third parties except as expressly permitted.
We may investigate and take action, including suspension, for any suspected breach.
Intellectual property
ONCLIKS and its licensors own all rights in the Services, including the software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services in accordance with these Terms.
You keep ownership of your Content. You grant ONCLIKS a licence to host, process, and use your Content only as needed to provide and improve the Services. You are responsible for having the rights to any Content you submit.
Data protection
Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. Depending on the product, ONCLIKS may act as a data controller or as a data processor on behalf of a Business Client. Each party agrees to comply with applicable data protection law, including UK GDPR.
Availability
We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable during maintenance, updates, or events beyond our reasonable control, including failures of third-party platforms on which the Services depend.
Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Services will meet your requirements or that any automated or AI-based feature will be error-free. Nothing in these Terms excludes liability that cannot be excluded under law.
Limitation of liability
To the fullest extent permitted by law, ONCLIKS will not be liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill, arising from your use of the Services.
Our total liability arising out of or relating to the Services in any 12-month period will not exceed the amount you paid us for the Services during that period. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law.
Indemnification
You agree to indemnify and hold ONCLIKS harmless from claims, losses, and reasonable costs arising from your Content, your use of the Services, your dealings with End Customers, or your breach of these Terms or applicable law.
Suspension & termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law or a third-party platform, or to protect the Services or other users. Where reasonable, we will give notice.
On termination, your right to use the Services ends. Provisions that by their nature should survive — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.
Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “last updated” date above and, where changes are material, take reasonable steps to notify you. Continuing to use the Services after changes take effect means you accept the updated Terms.
Governing law
These Terms are governed by the laws of Scotland. You and ONCLIKS submit to the exclusive jurisdiction of the courts of Scotland, except where mandatory law gives you the right to bring proceedings elsewhere.
Contact us
Questions about these Terms? Contact:
- Email: info@oncliks.com