1 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).
1.3 If you register as a provider with VCA displaying material on a Website, you accept you are also bound by separate Provider 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 review them each time you visit any one of our Websites. Any modifications are effective immediately upon posting to a Website.
1.5 Your continued use of any one of our Websites 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 Websites in any manner.
2 Use and Eligibility
2.1 The Websites are only intended for individuals who can form legally binding contracts. By using a Website you are representing and warranting that you are over 18 years of age and able to enter into contracts. If you use a Website on behalf of a Company, you represent and warrant that you have authority from the Company (either as a director, company secretary, or other duly authorised representative) to use that Website and to form legally binding contracts with VCA on the Company’s behalf. Do not use any of the Websites if you do not qualify.
2.2 You must not use any Website to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt a Website or servers or networks connected to a Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Websites;
(c) attempt to gain unauthorised access to any Website or computer systems or networks connected to a Website through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or use any Website to breach the Australian Privacy Principles as set out by the Privacy Act 1988 (Cth);
(f) collect or store data about other users or providers, including e-mail addresses; and
(g) violate any applicable state, Commonwealth or international law, convention or regulation.
3.1 VCA reserves the right to deny you access to, or use of, all or part of any of the Websites, 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 any Website.
3.2 You acknowledge that VCA has no obligation to monitor your access to or use of the Websites, but has the right to do so for the purpose of operating the Websites, 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 Our Websites work in a number of different ways to assist you with your internet, energy and other needs. We work with an extensive range of participating internet, energy and other service providers who:
4.1.1 we feature on our Websites;
4.1.2 are listed on our Websites;
4.1.3 advertise with us; or
4.1.4 we otherwise have a commercial relationship with.
(a Participating Provider).
You acknowledge and agree that not all Participating Providers advertised or featured on the Websites may be available to provide goods or services to you and that VCA does not feature or work with all service providers in the market. Accordingly, the products and services compared or otherwise made available to you via your use of the Websites do not represent all the products and services available in the market at any given time, and VCA provides no guarantees or warranties to this effect.
4.2 By providing VCA with your personal information you acknowledge and agree that VCA:
4.3 If your phone number is on the Do Not Call Register, for the purposes of the Do Not Call Register Act 2006 (to the extent it applies) by submitting your telephone number to VCA, so that we can deal with your specific query or request, you give your consent (to the extent it is required) to be contacted by telephone on that number by either:
4.3.1 VCA (and any of its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (Related Bodies Corporate));
4.3.2 Participating Providers (and any of their Related Bodies Corporate); and
4.3.3 third party service providers or agents working on behalf of any of the above,
and you confirm and consent that the communication is solicited.
4.4 For the purposes of the Spam Act 2003 (to the extent it applies) by submitting your email address and/or phone number to VCA, you give your consent to be contacted for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing by:
4.4.1 VCA (and any of its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) (Related Bodies Corporate));
4.4.2 Participating Providers (and any of their Related Bodies Corporate); and
4.3.3 third party service providers or agents working on behalf of any of the above,
4.5 VCA may arrange for you, either directly or through a third party outsourced call centre of its choice, to purchase products or services from a Participating Provider through the Websites. You may also purchase products or services directly from a Participating Provider, by signing up on-line via our Websites, via a link to a Participating Provider’s website or from some other use of one of our Websites. However, VCA will not enter into a contract with you for the products or services and does not sell, re-sell or licence any products or services to you. You acknowledge and agree that if you choose to purchase goods and/or services via one of our Websites, your contract for the supply of those products or services (the subject of any transaction completed as a result of using the Website) shall be solely and completely between you and the relevant Participating Provider (and not VCA), even if you have purchased the product or service by: (a) calling VCA or by VCA calling you; (b) calling a Participating Provider or by a Participating Provider calling you (c) calling a third party outsourced call centre we have contracted for services or a third party outsourced call centre we have contracted calling you and not the Participating Provider; or (d) as a result of signing up online via one of our Websites or that of a Participating Provider. You acknowledge that you enter any third party sites advertised on any of our Websites, and use or rely on such third party sites, Participating Providers, products or services, at your own risk.
4.6 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 the Websites, or products, services or advertising material of any third party organisations (including Participating Providers) mentioned or described on the Websites or linked to or from the Websites. VCA assumes no responsibility for any act or omission of any of the Participating Providers and we will not be liable for enforcing any agreement that was made between you and such Participating Provider and you will be solely responsible for any agreement made with them.
4.7 VCA is not responsible for, nor gives any warranties, guarantees or undertakings in relation to, third party sites, products, services or advertising material mentioned or described on the Websites or linked to or from the Websites. You should carefully review the terms and conditions, privacy and other policies of all third party providers (including Participating Providers) and sites as this will govern your purchase, use or cancellation of the third party site, product or service.
5 Intellectual Property Rights/ Limited Licence to use Content
5.1 The information, text, SPls, 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 Websites (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 Websites (including, without limitation, the Content).
5.2 Subject to these Terms and Conditions, VCA grants you a non-exclusive, non-transferable licence to use the Content for the sole purpose of accessing and using the Websites.
5.3 You must not modify, copy, reproduce, republish, upload, 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).
5.4 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 Websites 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 our Websites. Any user can review and rate a product, service or provider, 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 providers based on the user ratings or reviews.
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 against any and all losses, claims, liability, damages and costs (including, but not limited to, reasonable lawyers' fees) arising from or in connection with your use of any of the Websites 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 the Websites and the services contained therein are provided by VCA on an “as is” basis without any express or implied warranty of any kind;
8.1.2 the Websites exist across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Websites may be intercepted, used or modified by third parties;
8.1.3 VCA does not warrant that access to or use of the Websites will be uninterrupted or error free or that the Websites or any material on or accessible through the Websites are free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
8.1.4 other than to the extent required by law, VCA does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or particular purpose of any material, products or services purchased from third parties on, or via the Websites; the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Websites or VCA;
8.1.5 VCA may change any of the material on the Websites or the Content at any time without notice;
8.1.6 any of the material on the Websites may be out of date at any given time and VCA makes no commitment to update any material on the Websites;
8.1.7 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Websites or the Content;
8.1.8 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Websites or the material on or accessible through the Websites or the Content; and
8.1.9 in no event shall VCA be liable for any loss or damage, including, without limitation, direct, special, indirect, incidental or consequential losses, loss of revenue or profits, loss of goodwill or reputation, loss or interruption of business and loss of data and punitive or exemplary damages of any kind (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of or in connection with:
(a) access to, or use of the Websites, or delay or inability to use the Websites, or any information contained in the Websites;
(b) your use of the Content;
(c) the availability and utility of products and services; or
(d) the availability, reliability or accuracy of third party websites or third party products or services.
8.2 Other than to the extent required by law, 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.
8.3 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
8.4 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 as a result of your use of any of the Websites (whichever is the lower).
9.1 You may not assign or sub-licence your rights or obligations under the Agreement without the prior written consent of VCA. The Agreement may be assigned by VCA without your consent.
10.1 Neither party is, or has the right to act as, an agent representative or partner of the other party. These Terms and Conditions must not be construed to create an association, agency, joint venture or partnership, or employment relationship between the parties.
10.2 ISP’s and EP’s may pay VCA a tenancy fee for appearing on the Websites or commission when you click across to the site of the ISP or EP or when you call the ISP’s call centres or EP’s call centres via a number listed on the Websites. Alternatively, some ISP’s and EP’s may pay VCA a commission if you successfully sign up with a mobile phone plan, broadband plan or energy plan or other contract with the ISP or EP.
11 Governing law
11.1 These Terms and Conditions are governed by and construed according to the law of the State of Victoria, Australia. By using the Websites 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 the documents referred to in them (including, where applicable, the Provider Terms and Conditions) constitute the entire agreement between you and VCA with respect to any of the Websites, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Websites.
13.1 VCA shall not be liable by reason of the failure in the performance of obligations under these 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 a clause or part of a clause is unenforceable, voidable, invalid or illegal, it must be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or the offending part) is taken to be severed from the Agreement without affecting the enforceability, validity or legality of the remaining clauses.
13.3 A right created by the these Terms and Conditions can only be waived in writing, signed by the party entitled to that right. Delay by a party in exercising a right does not amount to a waiver, and a written waiver will not operate as a subsequent waiver of the same right or of any other right of that party.
13.4 We may monitor and record calls in certain circumstances that you make to us, our third party outsourced call centre, our affiliates, contractors, agents or third parties or we make to you via our company, affiliates, agents, contractors or third party companies. For example, calls to our in-house, outsourced call centre or calls made by our in-house or outsourced call centre following an enquiry by you are monitored and recorded for training and customer service purposes and to meet our regulatory obligations.