Terms & Conditions

1 Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We may amend these Terms or your Membership at any time, by providing written notice to you;
  • Your Membership is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term;
  • Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
  • To the maximum extent permitted by law, the Membership Fees and the Service Fee is non-refundable;
  • Our liability under these Terms is limited to resupplying the Cost Comparison Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Cost Comparison Services to which the Liability relates, or where there are no Service Fees paid, [$50], and we will not be liable for Consequential Loss;
  • We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the Customer and Business interaction including the services offered by the Business, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control.
  • We may terminate these Terms at any time by giving 30 days' written notice to you.
  • We receive a service fee/commission from each Business for payments made through the Platform.
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

Nothing in these terms limit your rights under the Australian Consumer Law

2 Introduction

2.1 These terms and conditions (Terms) are entered into between COST COMPARISON PTY LTD ABN 60 655 338 284 (we, us or our) and you, together the Parties and each a Party.

2.2 Provide an online platform (Platform) where customers seeking services (Customers) are able to connect and transact with service providers who are able to provide such services to them (Businesses).

2.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Customer or Business or the individual accessing or using the Platform.

2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity's personnel to these Terms.

3 Acceptance and Platform Licence

3.1 You accept these Terms by checking the box stating "I accept".

3.2 You must be at least 18 years old to use the Platform.

3.3 We may amend these Terms at any time, by providing written notice to you. By checking the box or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the "Cancelling Membership" clause.

3.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

3.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

3.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

  • (a) Anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • (b) Using the Platform to defame, harass, threaten, menace or offend any person;
  • (c) Using the Platform for unlawful purposes;
  • (d) Interfering with any user of the Platform;
  • (e) Tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • (f) Using the Platform to send unsolicited electronic messages;
  • (g) Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • (h) Facilitating or assisting a third party to do any of the above acts.

4 Accounts

4.1 You must register on the Platform and create an account (Account) to access the Platform's features.

4.2 You may only have 1 Account as a Business and 1 Account as a Customer on the Platform.

4.3 You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

4.4 You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

4.5 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

4.6 All personal information you provide to us will be treated in accordance with our Privacy Policy.

4.7 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

4.8 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

4.9 If you are a Business, we will review your request for an Account before approving the request. We may request additional information, including your identification, profile picture, and details of your qualifications and experience. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

4.10 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

4.11 When you create an Account as a Business, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.

5 Platform summary

5.1 The Platform is a marketplace where Customers and Businesses can find each other, and advertise, buy and sell services online. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Customers and Businesses, allow users to communicate through the Platform and provide promotional opportunities for Businesses (together the Cost Comparison Services). You understand and agree that we only make available the Cost Comparison Services. We are not party to any agreement entered into between a Customer and a Business and we have no control over the conduct of Businesses, Customers or any other users of the Platform.

5.2 A Customer wanting to acquire assistance with a task creates an Account on the Platform and posts an accurate and complete description of the services they require through the Platform (Task Listing). The Customer will insert other details, including location, and how much they are willing to pay for assistance with the task.

5.3 A Business wanting to provide services creates an Account on the Platform to view and browse Task Listings.

5.4 If a Business desires to provide services to a Customer in accordance with a Task Listing, the Business will make an offer through the Platform detailing the services to be provided and the cost, including any GST payable (Offer).

5.5 Once a Business makes an Offer on a Task Listing, the Customer can message the Business privately through the in-account messaging feature to discuss the Offer. Customers and Businesses must not use the messaging service to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

5.6 A Customer may revoke or modify a Task Listing any time before they accept an Offer.

5.7 Multiple Offers from different Businesses can be made on a Task Listing, and the Customer will be able to choose between the Offers provided.

5.8 The Task Listing will remain open until the Customer has accepted an Offer, or until the date for the Task Listing expires.

5.9 If a Customer accepts the Offer through the Platform, a Confirmed Booking is created.

5.10 By making an Offer, the Business confirms that it is legally entitled to and capable of supplying the services described in the Offer.

5.11 Customers and Businesses may enter into written agreements in relation to the services. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail

5.12 If applicable, Businesses must clearly state that there are additional terms and conditions. By accepting an Offer, a Customer is accepting the additional terms and conditions of the relevant Business.

6 Promotional Opportunities and Discount Codes

6.1 As a Business, you may choose to purchase promotional opportunities, such as a feature in our email marketing, placement on our homepage or participating in sitewide special offers (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

6.2 As a Customer, we may from time-to-time issue to you promotional discount codes for use on the Platform. To claim the discount, you must enter the promotional discount code at the time of accepting an Offer on the Platform. The conditions of use relating to promotional discount codes will be set out on the Platform. We may also from time to time run competitions on the Platform or on social media. These competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.

7 Communication

7.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

7.2 Customers and Businesses can communicate privately using our private massaging service after an Offer has been made or after a Confirmed Booking has been created. Customers and Businesses must not communicate outside of the Platform. Customers and Businesses must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

8 Memberships

8.1 Your Membership may begin with a free trial. The free trial period of your Membership will last for the period specified in your Account. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. If you do not cancel during the free trial period, we will charge your chosen payment method for the Membership you have chosen and its corresponding membership fee (Membership Fee) on the day your free trial ends.

8.2 Once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Platform (Membership Fee) to access the Platform and benefit from your Membership

8.3 Your Membership is subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term.

8.4 Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing [weekly/monthly/annual basis], and you will be charged the same Membership Fee each [week/month/year/period as set out in your Account] (Payment Date).

8.5 Cancellations and Changes to your Membership: If you wish to cancel or change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account that you wish to cancel or vary your Membership [at least [24 hours]] before the next Payment Date. If you vary your membership and the Membership Fee also varies, you will be charged the new Membership Fee on the next Payment Date.

8.6 To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.

8.7 We may need to change the Membership (for example, the inclusions and exclusions) and Membership Fee from time to time. If we change your Membership or Membership Fee, we will provide you with [15 days'] notice of the change. After [15 days], we will apply the new Membership Fee to your existing payment details for all future Payment Dates, and your Membership changes will take effect on the same date. If you do not agree with the new Membership or Membership Fee, you may cancel your Membership in accordance with these terms.

9 Payments

9.1 As a Customer, you agree to pay (and your chosen payment method will be charged) cost of the Confirmed Booking (Booking Fees) when an Offer is accepted and a Confirmed Booking is created.

9.2 As a Customer, your credit/debit card will be pre-authorised up to the amount of the Booking Fees at the time the Offer is accepted and a Confirmed Booking is created.

9.3 In consideration for providing the Platform, we will charge the services fees (including any third-party payment processing fees) to the Business as set out on the Platform (Service Fee). The Service Fee will be deducted from the Booking Fee, and will be paid to us at the same time as the Customer pays the Booking Fees through the Platform.

9.4 If you are a Business, you appoint us as your limited payment collection agent solely for the purpose of accepting the Booking Fees from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the Booking Fees from the relevant Customer, that we will deduct our Service Fees from any Booking Fees we receive and that we may grant refunds to Customers in accordance with these Terms. We will pay you the Booking Fees minus the Service Fee when you have completed the services in the Confirmed Booking and [5 days] has passed without the Customer putting in a complaint regarding the Confirmed Booking.

9.5 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

9.6 The payment methods we offer for the Membership Fees, the Service Fees and for the Booking Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

9.7 You must not pay, or attempt to pay, the Booking Fees, the Service Fees or the Membership Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

9.8 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).

10 Refunds and Cancellation Policy

10.1 If: (1) Customer and Business mutually agree to cancel a Confirmed Booking; or (2) Following reasonable attempts by a Customer to contact a Business for the Business to fulfil the Confirmed Booking, the Confirmed Booking is cancelled; and (3) We are satisfied that the Booking Fees should be returned to the Customer, we will return the Booking Fees to the Customer, provided that the Booking Fees have not yet been paid to the Business. The Service Fee, if applicable, for the refunded Confirmed Booking shall be a debt due and payable by the Business to us, and we may deduct this Service Fee from any future Booking Fees payable to the Business.

10.2 As a customer you will be charged a fee (Cancellation Fee) if you cancel your Confirmed Booking less than 48 hours before the Confirmed Booking is to take place. The Cancellation Fee is $120

10.3 As a Business, you will be charged a Cancellation Fee if you cancel your Confirm Booking less than 72 hours before the Confirmed Booking is to take place.

10.4 For disputes between Customers and Businesses, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

10.5 This clause will survive the termination or expiry of these Terms.

11 Identify verification

11.1 If we choose to conduct identity verification or background checks on any Business, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Business or guarantee that a Business will not engage in misconduct in the future. Any verification of Businesses on the Platform is not an endorsement or recommendation that the Business is trustworthy or suitable. You should do your own due diligence before using a business' services.

11.2 As a Business, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

11.3 Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.

11.4 You acknowledge and agree that (1) The Identity Check may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) You should not rely on the Identity Check, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

12 Reviews

12.1 Businesses may review their experience with the Customer on the Platform, and Customers may review with the Business on the Platform, including the services (each a Review).

12.2 Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

12.3 You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive, or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

12.4 You can write a Review about a Business if you have had an experience with that Business, which means that (1) You have engaged the Business through the Platform; or (2) You can otherwise document your interaction with the Business in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).

12.5 You can write a Review about a Customer if you have had an experience with that Customer, which means that (1) You have been engaged by the Customer through the Platform; or (2) You can otherwise document your interaction with the Customer in relation to the Platform, including via correspondence (collectively referred to as a Business Experience).

12.6 You may not write a review about a Business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Business, or work for the Business. Similarly, you may not write a Review about a direct competitor to the Business that you own, are employed by or work for.

12.7 Your Customer Experience or Business Experience must have occurred in the 12 months prior to you writing a Review.

12.8 You may only write about your own Customer Experience or Business Experience. You are not permitted to write a Review about somebody else's Customer Experience or Business Experience, such as that of a family member or friend.

12.9 You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Business to write a Review, you should include information about this in your Review. Incentives include the Business offering you a gift, reward, discount or advantage for writing a Review about the Business on the Platform.

12.10 This clause will survive the termination or expiry of these Terms.

13 Intellectual Property

13.1 All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

13.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

13.3 You must not, without our prior written consent:

  • (a) Copy, in whole or in part, any of Our Intellectual Property.
  • (b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party; or
  • (c) Breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

13.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

  • (a) You do not assert that you are the owner of Our Intellectual Property.
  • (b) Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
  • (c) You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading, or deceptive; and
  • (d) You comply with all other terms of these Terms.

 

13.5 This clause will survive the termination or expiry of these Terms.

14 Content you upload

14.1 You may be permitted to post, upload, publish, submit, or transmit relevant information and content including Task Listings and Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

14.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

14.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:

  • (a) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  • (b) Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

14.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

14.5 This clause will survive the termination or expiry of these Terms.

15 Warranties

15.1 You represent, warrant and agree that:

  • (a) You will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • (b) There are no legal restrictions preventing you from entering into these Terms;
  • (c) All information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • (d) You have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • (e) Where you are a Business, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Business Listings;
  • (f) Where you are a Business, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and
  • (g) Where you are a Business, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.

 

16 Australian Consumer Law

16.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

16.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

16.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

16.4 As a Customer, the services provided by a Business may also confer on you certain rights under the ACL.

16.5 This clause will survive the termination or expiry of these Terms.

17 Exclusions to liability

17.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • (a) The use or results of any Third Party ID Service or Identity Check;
  • (b) Any aspect of the Customer and Business interaction including the services offered by the Business, the description of the services requested or offered, any advice provided, the performance of services or; and
  • (c) Any event outside of our reasonable control.

 

17.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.

17.3 This clause will survive the termination or expiry of these Terms.

18 Limitations on liability

18.1 To the maximum extent permitted by law:

  • (a) Neither Party will be liable for Consequential Loss;
  • (b) Each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party's personnel, including any failure by that party to mitigate its losses; and
  • (c) Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Cost Comparison Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Cost Comparison Services to which the Liability relates, or where there are no Service Fees paid, [$50].

 

18.2 This clause will survive the termination or expiry of these Terms.

19 Termination

19.1 Your Account and these Terms may be terminated by you at any time, using the 'cancel Account' functionality (or similar) in the Account page section of your Account settings.

19.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

  • (a) The other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within [10] Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • (b) The Defaulting Party is unable to pay its debts as they fall due.

 

19.3 As a Business, if you repeatedly receive negative Reviews, then this will be considered a breach of a material term for the purpose of the above clause.

19.4 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

19.5 Upon expiry or termination of these Terms:

  • (a) We will remove your access to the Platform;
  • (b) We will immediately cease providing the Cost Comparison Services;
  • (c) You agree that and to the maximum extent permitted by law, any payments made by you to us (including any (Membership Fees and Service Fees) are not refundable to you;
  • (d) where you are a Customer, we will cancel any existing Confirmed Bookings and the Booking Fee (minus the Service Fee) will be refunded to you];
  • (e) Where you are a Business, we will cancel any existing Confirmed Bookings and refund the relevant Customers in accordance with the Refunds and Cancellation Policy clause; and
  • (f) Where we terminate the Terms for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination.

 

19.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

19.7 This clause will survive the termination or expiry of these Terms.

20 Business insurance

20.1 As a Business, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

21 Notice regarding Apple

21.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

21.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

21.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

21.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

21.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

21.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

21.7 Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third- party beneficiary of these Terms.

21.8 You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

22 General

22.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

22.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

22.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Customer, or by a Business.

22.4 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Business and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

22.5 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

22.6 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and your obligations under it.

22.7 Governing law: This Agreement is governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

22.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

22.9 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Cost Comparison Services to you, including on our website or in our promotional material.

22.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency (subject to us acting as your limited payment agent) relationship between the Parties.

22.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

22.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

23 Definitions

23.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

23.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

23.3 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

23.4 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third-party rights including any Intellectual Property Rights of third parties).

23.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
COST COMPARISON PTY LTD ABN 60 655 338 284

Email: info@costcomparison.com.au

Last update: 20 December 2021