USER TERMS AND CONDITIONS

Shopping Saver Pty Ltd (ACN 147 657 109) (referred to as Shopping Saver) operates the website www.shoppingsaver.com.au and www.shoppingsaver.com (collectively the Site). The Site provides users (Users) with a price comparison tool for products from online and ‘brick and mortar’ retailers (Merchants) (the Services).

1. Acceptance of Terms

These User Terms and Conditions (Terms) form a binding legal agreement between Shopping Saver, its directors, officers, employees, successors and assignees, and each User being the person, organisation or entity using the Site and Services. By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Shopping Saver using the contact details at the end of these Terms.

The User’s use of the Site and the Services indicates that the User:

has had sufficient opportunity to access the Terms and contact Shopping Saver;

has read, accepted and will comply with the Terms;

has legal capacity to enter into a contract for sale; and

is 18 years or older; and

if the User is a business and is incorporated, it has the power and authority to agree to these Terms.

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Shopping Saver recommends that each User check the current Terms, before continuing use of the Services. Shopping Saver’s agents, employees and third parties do not have authority to change the Terms.

These Terms supplement and incorporate the Shopping Saver policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site. Shopping Saver’s Privacy Policy sets out how Shopping Saver collects, uses and protects the personal information of its Users. Shopping Saver’s Website Terms of Use govern your use of the Site.

2. Directory Service

The Site and the Services provide a searchable directory of Merchants and their listed products.

Each User understands and agrees that the Site and Services offers a price comparison tool for products only and that Shopping Saver’s responsibilities are limited to facilitating the availability of the Site and the Services.

Shopping Saver is not a party to any agreement entered into between a Merchant and any User. Shopping Saver is not a referrer and provides no such related services. Shopping Saver has no control over the conduct of Users including Merchants and any third party using the Site and the Services. Shopping Saver disclaims all liability in this regard, as set out in these Terms.

Any arrangement between a Merchant and a User is solely between the Merchant and the User. It is strictly and expressly not part of the User’s agreement with Shopping Saver.

3. User obligations

Each User should report to Shopping Saver, any activities or requests of Users which are, or which the User reasonably believes to be:

suspicious;

inconsistent;

illegal; or

likely to have a negative effect on the reputation of Shopping Saver, the Site, Services and/or a User.

For the avoidance of doubt, Shopping Saver assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

4. Offers and Promotions

Shopping Saver may, from time to time, make offers or promotions which may be applicable to the Services.

The conditions of such offers or promotions will be specified on the Site.

The User acknowledges and agrees that Shopping Saver may, at its sole discretion, remove or extend any offers or promotions, and Shopping Saver will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

5. Dispute Resolution

By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of another User, Merchant or other third party, will be limited to a claim against that User, Merchant or other third party, who caused harm to him or her. Shopping Saver encourages Users to communicate directly with the relevant User, Merchant or third party to resolve any disputes.

Shopping Saver welcomes feedback from its Users. Shopping Saver seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of staff.

Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

6. Consumer Guarantees

Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

If the User is a consumer as defined in the ACL, the following notice applies to the User from Shopping Saver: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

7. Intellectual Property

All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Shopping Saver (or its affiliates and/or third party licensors as applicable).

The User agrees that, as between the User and Shopping Saver, Shopping Saver owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Shopping Saver or the owner of the content.

Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

Shopping Saver’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Shopping Saver or the applicable trademark holder or Intellectual Property owner.

Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Shopping Saver or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

8. User Licence

Subject to these Terms, Shopping Saver grants the User a personal, non-exclusive, non- transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Shopping Saver’s prior written consent.

The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

9. Permitted and Prohibited Conduct

The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

as a User, make any offers to a Merchant that it does not intend to honour;

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity;

use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

use, display, mirror or frame the Site, or any individual element within the Site, Services, Shopping Saver’s name, any Shopping Saver trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Shopping Saver’s express written consent; or

advocate, encourage, or assist any third party in doing any of the foregoing.

10. Content

The Site, Services, and Intellectual Property are protected by copyright, trade mark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Shopping Saver and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

The User must not post, upload, publish, submit or transmit any content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

is fraudulent, false, misleading or deceptive;

denigrates Shopping Saver, the Site, Services, or any User;

violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

is defamatory, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

is violent or threatening or promotes violence or actions that are threatening to any other person; or

promotes illegal or harmful activities or substances.

11. User Content

If a User posts, publishes, submits or otherwise transmits any information and content (User Content), by making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Shopping Saver a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:

it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Shopping Saver the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Shopping Saver’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Shopping Saver may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

12. Disclaimers

Shopping Saver does not guarantee that a User will be able to find desirable products.

Shopping Saver does not endorse any User including Merchants or their products whether available on this Site or available by a link to a third party website. Shopping Saver does not perform any sort of background checks of any Users including Merchants, and does not confirm, any User’s or Merchant’s identities and Merchant’s products including whether they are of merchantable quality.

Each User acknowledges and agrees that any communications entered into with another User including Merchants at his or her own risk. Shopping Saver does not provide a User with and cannot guarantee that other Users including Merchants have genuine intentions.

Shopping Saver cannot and does not control the condition, legality, quality or suitability of any Merchant’s product. Each User is responsible for determining the suitability of each product and the reliability of a Merchant.

Shopping Saver accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Shopping Saver disclaims any and all liability related to any and all Users including Merchants and their Products.

By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of any other User including Merchants or other third parties will be limited to a claim against that User or other third party who caused it harm. Shopping Saver encourages the User to communicate directly with the relevant User on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

To the fullest extent allowable under applicable law, Shopping Saver disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non- infringing or free of defects or errors.

For the avoidance of doubt, Shopping Saver is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Shopping Saver advises that all Users using the Site and Services should seek advice in relation to these matters.

Each User who uses the Site and the Services does so at their own risk.

Shopping Saver excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

Shopping Saver expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

Shopping Saver does not warrant that the Site, the Services, content on the Site (including pictures, videos, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

Shopping Saver takes no responsibility for, and will not be liable for, the Site, the Services, any Users including Merchants, any products being unavailable, of a particular standard of workmanship, failing to meet the products description, failing to meet the User’s needs, or being of less than merchantable quality; and

Shopping Saver will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, a Merchant’s products or the Terms, even if Shopping Saver was expressly advised of the likelihood of such loss or damage.

The User agrees not to attempt to impose liability on, or seek any legal remedy from Shopping Saver with respect to such actions or omissions.

13. Limitation of Liability

Shopping Saver’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Shopping Saver in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian Dollars (AUD $100) if no such payments have been made, as applicable.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Shopping Saver and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Shopping Saver.

14. Indemnity

Each User agrees to defend and indemnify and hold Shopping Saver (and Shopping Saver’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

Shopping Saver reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Shopping Saver without restriction.

15. General

Accuracy: While Shopping Saver will endeavour to keep the information up to date and correct, Shopping Saver makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Shopping Saver expressly excludes any liability for such to the fullest extent permissible by law.

Termination: Shopping Saver reserves the right to refuse supply of the Services required by any User, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.

Fraudulent Activities: Each User acknowledges and agrees that, in the event Shopping Saver reasonably suspects that there are fraudulent activities occurring within the Site and Services, Shopping Saver reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

Force Majeure: Shopping Saver will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Shopping Saver of any of the Terms shall be effective unless Shopping Saver expressly states that it is a waiver and Shopping Saver communicates it to the User in writing.

Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Shopping Saver’s prior written consent.

Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. Shopping Saver makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and is responsible for complying with the laws in the place where he/she accesses the Site.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Shopping Saver and each User, and supersede any prior agreement, understanding or arrangement between Shopping Saver and each User, whether oral or in writing.

 

For questions and notices, please contact us at:

Shopping Saver Pty Ltd (ACN 147 657 109) 3 Bishop Street Breakfast Point NSW 2137 Email: info@shoppingsaver.com

Last update: June 2016