Digital Comparison Website Terms of Use

Welcome to Digital Comparison. Digital Comparison is a website that allows customers to submit requests for quotes and information from third party suppliers of products and services. We do not supply the goods or services the subject of those requests. We pass on requests for quotes and information to third party suppliers. You hereby consent to us forwarding your Quote Requests to any Suppliers, in our absolute discretion and to otherwise use the information in your Quote Requests for the purposes described in Our Privacy Policy. You acknowledge that We may contact You on Your mobile phone numbers by calling or sending an SMS regarding Your Quote Requests and also to promote third party goods and services.

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our Website (including any desktop and mobile versions of it).

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e those in the left hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope, operation, and specifically are not to be used as a mechanism for resolving any ambiguity in the operative provisions (if any).

Please see the Dictionary at clause 13 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

By using Our Website, You agree to Our Terms of Use. We may change Our Terms of Use at any time.

1. Acceptance and modification of these Terms of Use

1.1. You may only access, browse and/or use Our Website (including any desktop and mobile versions of it) if You accept these Terms of Use. By accessing, browsing and/or using Our Website, You will be deemed to have confirmed that You have read and understood, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including Our Privacy Policy).

1.2. We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use (including Our Privacy Policy) from time to time without notice.

1.3. We will always upload the latest version of these Terms of Use to this webpage.

1.4. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.

Our Website might go offline from time to time.

2. Availability of Website

2.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.

2.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.

We own the Website and all Intellectual Property Rights in the Website. You cannot infringe Our Intellectual Property Rights. You must comply with all applicable laws. We are not responsible for any Suppliers, their goods or services or any information advertised or displayed on the Website about them.

3. Website usage restrictions

3.1. You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Website in any way that infringes Our rights or the rights of any third party;
(d) use the Website to create any product or service that competes with the Website; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website.

3.2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.

3.3. You must not use the Website or any part of the Website in breach of these Terms of Use.

You cannot use the website for any illegal purpose or to violate any person's legal rights.

4. Acceptable Use Policy

4.1. You may only use the Website to submit Quote Requests to us.

4.2. You agree that the following is strictly prohibited by these Terms of Use:
(a) using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction;
(b) using the Website in relation to crimes such as theft and fraud;
(c) using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise;
(d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs;
(e) using the Website to carry out security breaches or disruptions of network communication. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(f) using the Website to execute any form of network monitoring which will intercept data not intended for You;
(g) using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers;
(h) using the Website to interfere with or deny service to anyone;
(i) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Website;
(j) sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003(Cth);
(k) using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
(l) using the Website in breach of any person's privacy (such as by way of identity theft or "phishing"), (collectively, Our Acceptable Use Policy).

4.3. We may terminate and/or suspend Your access and/or use of Our Website if You repeatedly infringe Our Acceptable Use Policy and You must indemnify Us for and against any loss and damage that We may suffer as a result of Your breach of Our Acceptable Use Policy.

We own the website and all IP in the website. We also own all improvement suggestions that You make regarding the Website.

5. Intellectual Property Rights

5.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

5.2. As between You and Us, We own all Intellectual Property Rights in the Website.

5.3. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

5.4. You agree that any Intellectual Property Rights in any comments, request forms, forum posts, public messages, reviews and/or ratings that You may provide to Us in connection with the Website or requests for new Website features (each, an Improvement Suggestion) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.

5.5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

5.6. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.

We cannot be held responsible for the conduct of Our users.

6. Responsibility for other users

6.1. We do not accept responsibility for the conduct of any users of Our Website.

6.2. If You believe that another user of Our Website has breached these Terms of Use please contact Us.

We are not responsible for Suppliers or their goods or services.

7. Disclaimer and release from claims

7.1. We do not warrant that any information concerning any third party goods and/or services that is advertised or displayed on the Website is accurate, error-free or up-to-date. You must not rely on, any prices, information, descriptions and/or representations made on Our Website concerning any third party goods and/or services (Supplier Content), without independently verifying the validity and accuracy of such Supplier Content with the relevant Supplier.

7.2. We do not examine, determine, consider or warrant the certification, licensing, solvency, performance, lawfullness of any Supplier and/or of any information provided to us by any Supplier. Suppliers are not under our control. You must independently assess the suitability of any Supplier who You wish to procure goods and/or services from. We do not recommend or endorse any Suppliers and We are not responsible for their sales or marketing practices or the goods and/or services that they offer or supply or fail to offer or supply.

7.3. We are not responsible for, and We do not recommend or endorse, any goods and/or services advertised, promoted, sold or otherwise provided by any Supplier. Without limiting the foregoing provisions, We do not represent that any Suppliers will provide competitive quotes or that the goods and/or services that they provide will meet Your specific requirements or comply with applicable law. You must independently assess the suitability of any Supplier goods and services prior to purchasing any of them.

7.4. We may receive commission or an introductory fee from Suppliers who You purchase good and/or services from.

7.5. You agree and acknowledge that we are not responsible for, and You hereby release Us, from and against, all and any claims, complaints and legal action that You may otherwise have or take in connection with any:
(a) representations, misrepresentations, conduct and other acts and/or omissions of any Supplier; and/or
(b) Supplier goods and/or services and/or their advertising and/or sales and/or marketing practices.

7.6. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

You Consent to Us forwarding your Quote Requests to any Suppliers and to otherwise use the information in the Quote Requests for the purposes described in Our Privacy Policy.

8. Your Consent

8.1. You hereby consent to us forwarding your Quote Requests to any Suppliers, in our absolute discretion and to otherwise use the information in your Quote Requests for the purposes described in Our Privacy Policy. You acknowledge that We may contact You on Your mobile phone numbers by calling or sending an SMS regarding Your Quote Requests and also to promote third party goods and services.

Our liability is limited in many ways.

9. Liability

9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on Our Website or any Supplier Content is accurate, correct, up-to-date or error free.

9.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.

9.3. To the extent possible by law, We are not liable to You for any loss or damage incurred by You, for loss of profits, loss of business or other opportunity, loss of savings, or loss of data.

9.4. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non- Excludable Guarantees, Our liability to You is limited to $100.

9.5. Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

9.6. Where liability for breach of any guarantees under the Australian Consumer Law can be limited, Our liability arising from any breach of those guarantees (if any) is limited with respect to the supply of goods, to the replacement or repair of the goods or the costs of resupply or replacement of the goods and/or with respect to services, to the supply of services again or cost of re-supplying the services again.

9.7. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

You and We can terminate Your access to the website under certain conditions.

10. Termination

10.1. We may terminate these Terms of Use and/or Your access to the Website or any part of it at any time without notice.

10.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.

10.3. Termination of these Terms of Use and access to the Website does not affect any accrued rights of either party.

You and We can terminate Your access to the website under certain conditions.

11. Notices

11.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.

11.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at digitalcomparision.com.au/contact by sending an email to Us at contact@digitalcomparison.com.au or by writing to Us at Level 1 80-82 Bell Street HEIDELBERG HEIGHTS VIC 3081.

11.3. Any notice issued by hand shall be deemed delivered upon delivery.

11.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 20 Business Days after posting if posted internationally.

11.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.

11.6. We may send You email or other electronic messages concerning the Website from time to time.

12. General

We reserve Our rights.

We can change these Terms of Use at any time.

You cannot transfer Your rights under these Terms of Use unless We approve the transfer. We can transfer Our rights and obligations at any time.

If part of these Terms of Use are not legally binding, the rest still are.

We are not partners, employers or employees of one another.

These Terms of Use set out Our entire agreement with You.

Any legal action will be commenced in Victoria.

Capitalised terms are defined in this clause.

13. Dictionary and Interpretation provisions

13.1. Definition

In these Terms of Use:

Australian Consumer Law

Business Day

Intellectual Property Rights

Moral Rights

Non-Excludable Guarantee

Privacy Policy

Quote Request

Supplier

Terms of Use

We, Our

Us

Website

You

13.2. Interpretation

In these Terms of Use:

In these Terms of Use:
(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
(c) Currency refers to Australian dollars unless specified otherwise.
(d) A reference to a statute or regulation includes amendments thereto.
(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g) A reference to time is to time in Victoria.
(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i) The words "includes", "including" and similar expressions are not words of limitation.
(j) A reference to “a party” means You or Us (as the context dictates) and a reference to “the parties” means You and Us.