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Terms and Conditions of Use

Terms and Conditions of Use
07/12/2009

Value Comparisons Australia Terms and Conditions of Use

1.1              This website is owned, operated and maintained by Value Comparisons Australia Pty Ltd (ACN 137 786 979) of Level 1, 14 St Kilda Rd, St Kilda, VIC, 3182 (VCA).

1.2              These Terms and Conditions (together with documents referred to in it) apply to your use of VCA's website at / (Site).  Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site.  By accessing or using the Site you indicate that you have read, understood and accept these Terms and Conditions , together with our privacy policy and user generated content policy, and that you agree to be bound by them. 

1.3              If you register as a merchant with VCA on the Site, you accept you are also bound by separate Merchant Terms and Conditions, in addition to these Terms and Conditions. 

1.4              These Terms and Conditions may be modified by VCA from time to time and you should regularly review them.  Any modifications are effective immediately upon posting to the Site.

1.5              Your continued use of the Site and our services constitutes your agreement to these Terms and Conditions and any modifications to them. If you do not agree to these Terms and Conditions, you should refrain from using the Site in any manner.

2                  Use and Eligibility

2.1              The Site is only intended for individuals who can form legally binding contracts.  By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts.  In the event that you are a company or other legal person, you must be able to form legally binding contracts at law. Do not use the Site if you do not qualify. 

2.2              You must not use the Site to:

(a)               impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;

(b)               interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(c)               attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;

(d)               commit forgery (or attempted forgery);

(e)               harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);

(f)                collect or store data about other users or merchants, including e-mail addresses; and

(g)               violate any applicable state, Commonwealth or international law, convention or regulation.

3                  Access

3.1              VCA reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that VCA believes, in its sole discretion:

3.1.1          violates any term or provision of these Terms and Conditions;  

3.1.2          violates the rights of VCA or third parties;  or

3.1.3          is otherwise inappropriate for continued access and use of the Site.

3.2              You acknowledge that VCA has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.

4                  Portal, Links and Advertising

4.1              The Site is a portal site or conduit providing a number of services to allow you to compare and shop for your desired product.

4.2              No products are directly sold by VCA through the Site.  VCA is not acting as an agent for any party, merchant or supplier and does not sell, re-sell or licence any products listed. The Site should be construed strictly in this context only.

4.3              Neither VCA nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from VCA, or products, services or advertising material of any third party organisations mentioned or described on this Site or linked to or from this Site (notwithstanding anything else contained herein or otherwise). You acknowledge that you enter any third party sites, and use or rely on such third party site, merchants, products or services, at your own risk and that VCA is not responsible for third party sites. Accordingly: (a) your contract for the supply of any product or service from such third party vendors shall be solely and completely between you and the relevant third party merchant (and not VCA); (b) you should carefully review the terms and conditions, privacy and other policies of all third party merchants and sites as this will govern your purchase, use or cancellation of the third party site, product or service; (c) we assume no responsibility for any act or omission of any of the third party merchant and we will not be liable for enforcing any agreement that was made between you and such third party merchant and you will be solely responsible for any agreement made with them.

4.4              The Site may contain advertisements for third parties’ goods and/or services. The third party and their advertisers are responsible for the accuracy of all representations made in those advertisements (and not VCA). Neither VCA nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on, or via, the Site, nor does VCA 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, or via, the Site, you do so at your own risk.

4.5              Such third party references or links are provided for your information and convenience only. We have no control over the contents, quality, integrity of those third merchants, sites, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein or otherwise).

5                  Intellectual Property Rights/ Limited Licence to use VCA

5.1              The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws. Without limiting the foregoing, VCA is the owner or the licensee of all intellectual property rights in the Site (including, without limitation, the Content).

5.2              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 (Cth).

5.3              The VCA logo, name and trade mark are strictly the property of VCA, and may not be used as part of your business, in connection with any goods and services, or otherwise without the prior written consent of VCA.

6                  Content and Reviews  

6.1              To the extent permitted by law, VCA makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on, or via, the Site or the availability of users to complete a transaction with third parties (see Warranties below). 

6.2              Reviews and ratings are from our users who have elected to post these on the Site. Any user can review and rate a product, service or merchant, and as such, VCA 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, services or merchants based on the user ratings or reviews.

7                  Indemnity

7.1              You agree to indemnify, defend, and hold harmless VCA, 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 Site or any third party products or services, your failure to comply with these Terms and Conditions, or from your violation of any applicable law.

8                  Disclaimer of Warranties and Limitation of Liability

8.1              Subject only to clause 8.2 below:

8.1.1          this Site and the services contained therein is provided by VCA on an “as is” basis without any express or implied warranty of any kind;

8.1.2          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 Site may be intercepted, used or modified by third parties;

8.1.3          VCA does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;

8.1.4          VCA does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or particular purpose of any material, products or services on or accessible through the Site; the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or VCA;

8.1.5          VCA may change any of the material on the Site or the Content at any time without notice;

8.1.6          any of the material on the Site may be out of date at any given time and VCA makes no commitment to update any material on the Site;

8.1.7          you are responsible for assessing the accuracy, reliability, suitability  and accuracy of the material on or accessible through the Site or the Content;

8.1.8          you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site or the Content; and

8.1.9          in no event shall VCA be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits, loss of goodwill or reputation, loss or interruption of business  and loss of data), 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:

(a)               access to, or use of this Site, or delay or inability to use this Site, or the, or any information contained in this Site;

(b)               the availability and utility of products and services; or

(c)               the availability, reliability or accuracy of third party websites or third party products or services.

8.2              Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions. The liability of VCA, its officers, directors, employees, agents and  related bodies corporate shall be limited, at the option of VCA, to:

8.2.1          in the case of services, the supply of the services again, or the payment of having the services resupplied; and

8.2.2          in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

Notwithstanding the above, you recognise that your contract for the supply of the product or service (the subject of any transaction with a third party merchant) shall be solely and completely between you and the relevant third party (and not VCA). Without limitation to the foregoing, you agree that in no event shall VCA’s maximum aggregate liability exceed one thousand dollars (AUD$1,000.00) or the total amount of money paid by you to the relevant third party vendor (whichever is the lower).

8.3              Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

9                  Assignment

9.1              These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without VCA's prior written consent.  You agree that VCA may automatically assign these Terms and Conditions to a third party.

10               Relationship

10.1            No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.

10.2            Internet service providers (ISP’s) may pay VCA a commission when you click across to the site of the ISP or when you call the ISP’s call centres via a number listed on the Site. Alternatively, some ISP’s may pay VCA a commission if you successfully sign up with a mobile phone plan, broadband plan or other contract with the ISP.

11               Governing law

11.1            The Conditions are governed by and construed according to the law of the State of Victoria, Australia. By using the Site you submit to the non-exclusive jurisdiction of the courts of that State and agree that any legal action will only be commenced in these forums.

12               Entire Agreement

12.1            These Terms and Conditions (and where applicable the Merchant Terms and Conditions) constitute the entire agreement between you and VCA with respect to this Site, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

13               General

13.1            VCA shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of VCA, including any form of technological or internet failure or the actions of third parties.

13.2            If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

13.3            The failure by VCA to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of VCA in respect of any existing or subsequent breach of these Terms and Conditions.

 

Thank you for your cooperation.  We hope you find Value Comparisons Australia helpful for locating the right products!  Questions or comments regarding this website should be directed by electronic mail to info@comparemobileplans.com.au or via mail to Value Comparisons Australia at:

PO Box 1282, Windsor, VIC 3181.

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