This User Agreement a legal agreement between you and Shopping Saver governing your participation on the Shopping Saver website and their sister sites, which are referred to collectively as the “Shopping Saver Network”. By using, accessing or registering as a member of the Shopping Saver Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Shopping Saver Network.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Shopping Saver Network, which take effect when we post them. By continuing to access or use the Shopping Saver Network after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
A Note About MinorsThe Shopping Saver Network is not targeted towards, nor intended for use by anyone under the age of 18. By using the Shopping Saver Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Shopping Saver Network. We reserve the right to terminate your membership in the event that Shopping becomes aware you are under 18.
MembershipYou may become a “Member” of the Shopping Saver Network, which may grant you additional privileges, by completing the membership application form. Becoming a Member allows you to post content on the Shopping Saver Network. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on the Shopping Saver Network. You are responsible for safeguarding the password that you use to access any secure areas of the Shopping Saver Network. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Shopping of any unauthorized use of your password.
ContentShopping Saver provides a number of different services to assist you in comparison shopping for products. Shopping Saver provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. Shopping Saver is paid by merchants or other third parties to list products on the Shopping Saver Network. The products listed on the Shopping Saver Network are sold by third party merchants, and are not sold by Shopping Saver directly.
Shopping Saver does not sell, resell or license any products listed on the Shopping Saver Network, nor is Shopping Saver acting as an agent of any third party. To the fullest extent permitted by law, Shopping Saver disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.
Shopping Saver does not warrant that product descriptions, pricing, editorial commentary or any other content of the Shopping Saver Network, regardless of its source, is accurate, complete, reliable, current or error-free. Shopping Saver Network content is provided for informational purposes only and does not constitute an endorsement by Shopping Saver of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Shopping Saver assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Shopping Saver Network.
In general, sales taxes (including GST) and shipping costs are estimates based on the geographical location of your IP address. Please check with merchants for exact shipping costs.
Consumer reviews and ratings on the Shopping Saver Network are from our members who have elected to post a review on the Shopping Saver Network. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay Shopping to be presented on the Shopping Saver Network or to have their product or service offerings placed higher in our search results, and may also purchase research from Shopping, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the Shopping Saver Network, and any other content appearing on the Shopping Saver Network, will remain the exclusive property of Shopping Saver and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Shopping Saver Network, or any other content appearing on the Shopping Saver Network. You may not copy or modify the HTML code used to generate web pages on the Shopping Saver Network. You may not use the Shopping Saver Network, or any other content appearing on the Shopping Saver Network, on or in connection with any other website, for any purpose.
Content SubmissionBy contributing or submitting any content to the Shopping Saver Network, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Shopping Saver a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you or, to the extent that this is not possible, you consent to Shopping not identifying you as the author of the materials, making any changes (material or otherwise) to the materials and using the materials, whether changes have been made to it or not, in the manner contemplated in this Agreement. None of the materials shall be subject to any obligation of confidence on the part of Shopping Saver, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Shopping Saver reserves the right to change, condense or delete any content on the Shopping Saver Network that Shopping deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You retain all ownership rights to information, text, graphics, or other materials you publish on the Shopping Saver Network. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the Shopping Saver Network at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. You must refer or provide links to the Shopping Saver Network if you choose to republish your content elsewhere and you must not publish the same items of content on both the Shopping Saver Network and other product or price comparison sites.
Copyrights
* Name of Company.
* Contact information (including email address).
* List of registered trademark(s) at issue including a copy of each relevant trademark registration certificate(s).
* The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
* If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
* Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
* Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
Please send written communication with the above information to the following e-mail address: info@shoppingsaver.com
Upon receipt of notice as described above, Shopping Saver will confirm the existence of the registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Shopping Saver Network. In the event that the challenged content has been provided to Shopping by a third party and in Shopping Saver's sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's registration, Shopping will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Shopping will not remove the content.
Notwithstanding the foregoing, Shopping will comply as appropriate with the terms of any court order relating to the behaviour of the challenged party identified in such court order.
TerminationYou can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Shopping may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, Shopping and its licensees may continue or stop publicly displaying some or all of your content.
Other RulesYou agree to comply with all laws and regulations applicable to your access and use of the Shopping Saver Network and publishing your content. You may not harvest personally identifiable information (including email addresses) from the Shopping Saver Network, and specifically you may not use email addresses displayed on the Shopping Saver Network to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Shopping has no obligation to monitor your access to or use of the Shopping Saver Network, but has the right to do so for the purpose of operating the Shopping Saver Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Shopping Saver Network or collect information from it.
IndemnityBy choosing to use the Shopping Saver Network, you agree to indemnify Shopping, its officers, agents, partners, and employees from any and all claims or damage, including reasonable solicitors’ fees, made by third parties due to, or arising out of content you choose to submit, post or transmit through the Shopping Saver Network; or of your use of or connection to the Shopping Saver Network; your violation of the User Agreement; or, your violation of any rights of another.
ReleaseIn the event that you have a dispute with one or more users of the Shopping Saver Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Shopping, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and solicitors’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes.
Liability LimitsSHOPPING SAVER AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SHOPPING SAVER AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA AND FAILURE TO REALISE ANTICIPATED SAVINGS WILL BE DEEMED TO BE LOSSES OF A CONSEQUENTIAL NATURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing LawThis Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
IntegrationThis Agreement and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.
Disclaimer of WarrantiesTO THE FULLEST EXTENT PERMITTED BY LAW, THE Shopping Saver Network AND ITS SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The Shopping Saver Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Shopping Saver Network, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Shopping liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Shopping Saver Network. In addition, Shopping does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programmes posted by sellers, lenders or brokers. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Legal ComplianceYou shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Shopping Saver Network. Specifically, you must ensure that your activities and your content do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant Australian state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au. YOU ALONE, AND NOT SHOPPING SAVER, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS AGREEMENT AND OUR PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
AssignmentYou agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Shopping Saver, in its sole discretion, to a third party. You may not assign your obligations to another entity.
GeneralThis Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, any minimum wage laws do not apply to your relationship with the Shopping Saver Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Shopping Saver.