Terms and Conditions
Use of the website: The website is only intended for individuals who can form legally binding contracts. By using the website you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the site if you do not qualify. You must not use the site to: impersonate or otherwise misrepresent your identity or affiliation with any other person or entity; interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website; attempt to gain unauthorised access to the website or computer systems or networks connected to the website through any means; commit forgery (or attempted forgery); spam listed businesses; harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Commonwealth); collect or store data about other users or merchants, including e-mail addresses; and or violate any applicable state, Commonwealth or international law, convention or regulation. Your use of the costcompare.com.au website is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the costcompare.com.au website. Neither we nor anyone else involved in creating, producing or delivering the costcompare.com.au website, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the costcompare.com.au website. You must not use any means of automatically searching or mining data from the costcompare.com.au website or in any way interfere or attempt to interfere with the proper operation of the costcompare.com.au website. You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the costcompare.com.au website, our systems or data or those of any third party via the costcompare.com.au website.
Registration: You must register as a listing business and obtain a service account in order to submit information to the costcompare.com.au website. To do so, and to find out about the benefits of registration, please go to “Register Now”. After you have registered and chosen a plan your service account will then be activated and you will be issued a password which will be sent to you by email. You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with http://www.costcompare.com.au If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your account. You may close your account at any time but you will remain liable for obligations related to your account after it has been closed. The sections in these terms and conditions headed Copyright and Trade Marks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will continue to apply once your account has been closed.
Fees and Services: Joining costcompare.com.au as a business and buying items have associated fees but browsing for listed items, requesting quotes and using a majority of the website is free. When you pick a plan other than the basic free listing there is a cost associated with the listing being placed on the site. The only exception to this is the use of a promotional code given to you by costcompare.com.au which may allow you to access all the parts of the site fee free for a specific period of time. There are no fees for listing your products, coupons and services after you have chosen a plan to advertise on. However there is a 2.4% pprocessing fee which is passed on to customers who pay by credit card and go through the shopping cart. The majority of the fee covers our administration of the transaction on the site and the remaining component is used to pay the incumbent fees incurred from the various financial institutions for processing the transaction.
Our relationship with you under these terms and conditions is one of independent contractors and not of partnership, joint venture or principal and agent. We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the costcompare.com.au website. Any formal notices or communications should be sent to our postal address set out at the beginning of these terms and conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia). If any clause or provision of these terms and conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these terms and conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these terms and conditions without affecting the enforceability of all remaining clauses and provisions. These terms and conditions are governed by the laws of Western Australia, Australia and are regularly updated.
You acknowledge that the operator has no obligation to monitor your access to or use of the website, but has the right to do so without notification. The website provides a number of services to allow you to compare and shop for your desired product or service, but it must be remembered that no products are directly sold by the operator through the website. The operator is not acting as an agent for any party, merchant or supplier and does not sell, neither the operator nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party websites which may be linked to or from the website, or products or services of any third party organisations mentioned or described on the website or linked to or from the website. You acknowledge that you enter any third party sites at your own risk and that the operator is not responsible for third party websites, re-sale, warranty or licence(s) of any products or service(s) listed. As such the website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the operator nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the website, you do so at your own risk and you must consult the terms and conditions of the service or goods provider that you intend to use in addition to these. Further to this, the website may provide links or references to third party sites that operator does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. The operator has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use. You release and discharge the operator from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Disputes: If you have a dispute with one or more website users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Breach: Without limiting other remedies available by law, in equity or under this agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: you have, or we believe that you have, breached this agreement, which includes any of our policies in any way; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature. For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
Problems: Please report problems, offensive content, and policy violations to costcompare.com.au through the contact us link on the page as soon as you see anything suspicious. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the costcompare.com.au services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue costcompare.com.au services.
Limitation of Liability: While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold costcompare.com.au responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an seller or a merchant ourselves; we do not own or hold any of the advertised stock other than that being advertised by affiliate companies. Instead, our site is an avenue/venue to allow small businesses an online ecommerce solution where they can offer, advertise, promote, sell, and buy just about anything, at any time. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
When you enter into a transaction you create a legally binding contract with another user. The onus is on you to read the terms and conditions regarding the product or service that you are buying. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another user breaches any obligation to you, you – not costcompare.com.au – are responsible for enforcing any rights that you may have. You alone, are responsible for ensuring that your activities on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the costcompare.com.au services.
General Disclaimer: The costcompare.com.au website is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. We make no representation or warranty that any content of the costcompare.com.au website is accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and use of the costcompare.com.au website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the costcompare.com.au website at any time without notice.
General Content Copyright: It is a condition of these terms and conditions that all information or content you post and/or submit to be posted or used on the www.costcompare.com.au website, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these terms and conditions, by submitting information or content (including advertisements, photos and designs) to any part of the costcompare.com.au website you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the costcompare.com.au website (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trademarks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the costcompare.com.au website, including in any directories, is true, complete and correct. Further to this, by accepting these terms and conditions when registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the costcompare.com.au website including without limitation: comments, forum posts, public messages, reviews, ratings and any other inclusion. You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider infringing your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these terms and conditions, and your use of the www.costcompare.com.au website constitutes your agreement to these terms and conditions.
Review of submissions: Any files that you upload, public messages that you send and your activity in dialogue, discussion, and forums or in any other capacity on the costcompare.com.au website are subject to review, modification and deletion without notice at any time. Content and files that you upload to costcompare.com.au are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information, images and other content that you choose to disclose on the costcompare.com.au website may be used by third parties and such use is beyond our control and we are not liable from the outcomes of this interference in any way. You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the costcompare.com.au website or any of our users. We may deny you access to all or part of the costcompare.com.au website and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these terms and conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Ownership License: We grant you the limited and nonexclusive right and license to access or download content from this website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the website as part of our usage agreement. Except as expressly authorized in this usage agreement, you may not modify, distribute, reproduce, display, or use this website or any elements thereof. All rights not expressly granted to you by us in this usage agreement are reserved to the operator.
Copyright and Trade Marks: The entire contents and design of the costcompare.com.au website, including all trademarks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The costcompare.com.au website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the costcompare.com.au website and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the costcompare.com.au website for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
Intellectual Property Rights: The information, text, materials, graphics, logos, buttons, icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the website(content) is protected by copyright, trade mark and other intellectual property laws. You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the content, except in accordance with these Terms and conditions or as permitted by Part 3 - Division 4A of the Copyright Act 1968 (Commonwealth). The operator's logo and name are the property of the operator and may not be used as part of your business or in connection with any goods and services without the prior written consent of the operator. If you consider that any content on the website breaches your intellectual property rights please notify the operator immediately. Notification and any action that the operator may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that the operator accepts any liability in relation to such a breach. The operator does not guarantee to take any action if notified under this clause.
Content and Reviews: To the extent permitted by law, the operator makes no warranties in relation to the content, completeness of search results, suitability, quality, safety or legality of any items listed on the website or the availability of users to complete a transaction with third parties (see warranties below). Reviews and ratings are from our users who have elected to post these on the website. Any user who requests or accepts a quote will be invited to and can review and rate a product or merchant, and as such, the operator gives no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products based on ratings or reviews. Positive feedback ratings will display near the merchants name add positive credits as an indicator of good service and/or products from this merchant. Negative feedback will result in the deduction of credits from the feedback score and will be edited by the operator at their sole discretion based on consumer comments and experiences with the merchant. A low feedback score is not indicative of bad service in any way and is only representative of those experiences of those website users who were invited to review their experience and did so.
Data Collection: In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the internet. By using this website, you agree not to post, submit or transmit through this website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right to deny access to any communications service to anyone who violates this usage agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. The operator may however, agree to release some data to third parties for cross promotional purposes and you can opt out of receiving such offers/emails at any time.
Violation: You acknowledge and agree that we may preserve and store any communication by you with us through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this usage agreement, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of the operator, its employees, users of or visitors to the website, and the public. You agree that we may, without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these terms and conditions other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the operator may have at law or in equity. Use of this website by you for spamming is strictly prohibited. By using this website, you agree not to use information concerning other users of this website, or any items such users have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor. This agreement is governed by the laws of Western Australia. You hereby consent to the exclusive jurisdiction and venue of courts in Western Australia, in any and all disputes arising. You shall use this website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our website will not be permitted.
Disclaimer: We strive to provide valuable and accurate information. The editors of the material contained in the costcompare.com.au website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the costcompare.com.au website neither we nor any other party involved in the preparation of material contained in the costcompare.com.au website or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources. Consumers reading articles or other material posted on the costcompare.com.au website or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the costcompare.com.au website or our e-newsletters is intended as professional advice. We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing board or authority. You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the listings of any service or purchase of any products and the use/redemption of any vouchers/coupons. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services. The costcompare.com.au website may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or website link on the costcompare.com.au website and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or website links.
Disclaimer of Warranties and Limitation of Liability: This website is provided by the operator on an “as is” basis without any express or implied warranty of any kind; the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the website may be intercepted, used or modified by third parties the operator does not warrant that access to or use of this website will be uninterrupted or error free or that the website or any material on or accessible through the website is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components; the operator does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the website; the operator may change any of the material on the website at any time without notice; the operator makes no commitment to update any material on the website you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the website; you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the website or the material on or accessible through the website; and in no event shall the operator be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of: access to, or use of this website, or delay or inability to use this website, or any information contained in this website; the availability and utility of products and services; the availability or accuracy of third party websites; or any breach of any third party intellectual property rights.
Indemnity: You agree to indemnify, defend, and hold harmless the operator, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the website or your failure to comply with these terms and conditions, or from your violation of any applicable law. Neither the operator, nor its licensees take any liability for any errors, inaccuracies, omissions, or other defects in the information contained by this website, or any liability for damages of any kind arising from the use or inability to use this website. In no event shall the operator be liable for any direct, special, indirect or consequential damages whatsoever, including, without limitation, those arising out of access to, or the use of, or inability to use this website or any products or services, including or resulting from lost profits or data, whether in an action for contract or tort, even if the operator has been advised of the possibility of such damages. You agree that the entire liability arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of this website or any products or services purchased herein out of which such liability allegedly arises. You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these terms and conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the costcompare.com.au website using your service account.
Waiver, Release and Limitation of Liability: You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the costcompare.com.au website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the costcompare.com.au website. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum of AUD$200 settle out fee.
Notwithstanding the foregoing paragraphs, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the costcompare.com.au website shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the costcompare.com.au website is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages. Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the costcompare.com.au website, or resulting from the act or omission of any other party involved in making the costcompare.com.au website or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the costcompare.com.au website or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.