KLIXUS.COM
FEEDBACK POLICY
Klixus.com is a website owned and operated by Ourdotcom Pty Ltd, trading as Klixus (“Klixus”).
Klixus is committed to cultivating trust and
transparency on its Site. This Feedback Policy applies to our web site at
www.klixus.com (our “Site”) and describes how feedback works and how it should
be used. You agree that by using the Site, you expressly and affirmatively
consent to the use of feedback as a feature on the Site and to the remedial
practices described in this policy. Additionally, before registering as a user
of Klixus, you must read and agree to this policy, which forms part of and is
subject to the terms and conditions of the Klixus Agreement.
Feedback
Feedback is a valuable indicator of your reputation as a photographer on the
Site. It consists of star ratings and comments (collectively, “feedback”) left
by groups who have hired photographers through the Site to cover their events.
Feedback is entered by groups when a photographer uploads the group’s event
photos to the Site. It becomes a permanent part of a photographer’s record and
is viewable by all users. It is specifically designed to assist groups in their
decision making when deciding whether to hire a certain photographer or not.
Feedback represents another user’s opinions about their experience with you as
their photographer. Given that opinions are subjective in nature, we cannot edit
feedback, nor can we legally investigate them for accuracy or fairness.
Generally feedback cannot be removed from the Site; however, in exceptional
cases Klixus may remove them.
In order to accommodate the subjective nature of feedback, groups are permitted
to edit their feedback at any time. Also to add fairness to the photographers,
they can submit a response to the group’s feedback. Photographers who are
unhappy with feedback they receive must acknowledge that they cannot force
groups to give them feedback they feel deserving of. The photographer’s only
solution with respect to dissatisfaction with feedback they receive is to
provide a response in the feedback section addressing the group’s grievances.
Abusive communications with groups due to negative feedback will not be
tolerated and may result in the photographer’s suspension. Photographers are
encouraged to accept that they cannot possibly please every group, and that this
is indicative of business in the real world, and if your feedback on other
events is mostly positive, potential groups who consider hiring you may overlook
any negative reviews and regard them as simply a reflection of the person who
submitted the feedback and not a reflection of your performance as a
photographer. Moreover, if your response to negative feedback is not retaliative
in nature, then groups may even change their negative feedback to a positive
one.
We encourage groups to exercise caution and good judgement when leaving
feedback. Users could be held legally responsible for damages to a
photographer’s reputation if a court were to find that the remarks constitute
defamation. Photographers who believe feedback they have received constitutes defamation should email us at contact @ klixus.com (remove spaces before sending) and give full details about the location of the feedback and your reasoning as to why the comment is
false and defamatory. You agree that Klixus reserves the right, in its sole
discretion, to either: (i) delete comments; (ii) leave them posted; or (iii)
delete comments and retain the star rating.
Feedback comments and/or star ratings may be eligible for deletion in the
following situations:
a) if Klixus, in its sole discretion, considers the feedback to be false and
defamatory;
b) if the feedback contains the photographer’s personal information such as home
address, and the photographer requests Klixus to remove it;
c) if the feedback contains obscene, offensive, profane, vulgar or racist
language;
d) if the feedback contains scripts or links;
e) if the feedback is unrelated to the photographer’s performance as a
photographer (for instance the group uses the feedback section as a message
board for airing their views about social, political or religious issues);
f) where groups have been suspended or terminated for violations of the
Agreement and their feedback is considered by Klixus as an extension of their
negative impact on the Site’s community; or
g) if Klixus is provided with a valid court order requesting the feedback
removal.
Klixus will not tolerate any instances of extortion where groups threaten to
leave negative or neutral feedback unless the photographer provides them with
additional goods, licenses or services that were not agreed upon when the
photographer was awarded the event. Klixus reserves the right to suspend groups
or limit their services on the Site if they are found to engage in such
behaviour. Photographers must provide Klixus with written evidence of the
extortion threat for us to act in response to such threats (such as forwarding
us an email with the origin of the email showing). If a complaint cannot be
proven with certainty, it is possible that no action will be taken.
Users are encouraged to use common sense when evaluating potential photographers
to hire. If feedback does not appear to match the nature of the photos (for
instance, extremely poor shots but brilliant feedback) then you might suspect
that the feedback has been offered to artificially enhance the photographer’s
reputation. While this behaviour is disapproved of, Klixus cannot verify their
authenticity, and therefore will not take any action in respect to these cases.
Contact Information
Klixus welcomes your comments regarding this Feedback Policy. If you have any comments or questions about this policy, please contact Klixus at contact @ klixus.com (remove spaces before sending). If you wish to provide feedback on the Site, please visit our Forum and leave feedback in the relevant feedback forum.