Terms of Use

Last Modified October 19, 2015

PriceMaster is an online comparison shopping web site holding product, store, merchant, reviews, comparisons and price related information, including user-generated content such as ratings, opinions, comments, articles, and reviews. The site is owned and operated by Pricemaster and its corporate affiliates, certain co-branded versions of its sites under contract with other third parties (collectively, "us", "we", or "the Company").

Read the Terms and conditions cautiously as by using and accessing our site www.pricemaster.com.au or the mobile version thereof (together the "Site") or by posting any content on the site, you show that you have read, understand and agree to be bound by these Terms of Use, whether or not you have registered as a user or are an advertiser or merchant exhibiting products on the site.

We reserve the right, to change or modify these Terms of Use from time to time without informing. The changes and modifications will be posted to the Terms of Use showing the date they were last revised. By continuing to use the Site after the modification of Terms of Use you have, shown your acceptability to be bound by the modification. If you do not agree to accept by these or any future Terms of Use, please do not use or access this site. It is your responsibility to frequently check Terms of Use to see if there have been any changes to the Terms of Use.

The Use of this Site may also be subject to some other terms and conditions defined by our content providers ("Licensors") as stipulated on related pages of this Site, which you also agree and accept by your use of the Site.

LICENSE AND SITE ACCESS

Pricemaster allows you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site's Comparison Engine Service, or to purchase items from third-party merchants accessible via links on the Site.

Pricemaster reserves the right to deny you access to, or use of, all or part of the Site, without earlier notice, if you engage in any conduct that the Operator believes, in its sole discretion: violates Term of use or the rights of the Operator and Third Parties.

This license does not embrace and strictly forbids: any resale of the contents of the Site or the site itself; any collection and use of any product price, descriptions or listing which are explicitly agreed herein; any copied use of the contents of the Site or the Site itself; or any use of data gathering or mining tools. Users are not allowed to publish anything except for your own Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or integrate the material in any other database or compilation. Any use of the Site or the Site Content other than as specially approved herein, without prior written approval of the Company, is strictly forbidden and will dismiss the license granted herein.

All the content on the Site and that offered through the ComparisonEngine Service, including videos, pictures, designs, texts, graphics, pictures, videos, information, applications, price, software, music, sound and cost calculators, zip code finder and other files and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. The Content of the site cannot be changed, copied, framed, downloaded, displayed, distributed, reproduced, republished, scraped, posted, transmitted, except in the case when the foregoing does not apply to your own User Content (as defined below) that you lawfully post on the Site (e.g. merchant or product reviews).

The Site, including its contents, operation and interface are covered by Australian copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized or commercial purpose. Any unlawful use shall instantly terminate the licenses and rights granted by Pricemaster and any Licensors hereunder, and may subject you to civil and/or criminal action. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statues. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without prior notice and with or without cause.

You are allowed only a nonexclusive, revocable and restricted permission to create a hyperlink to any page of the Site so long as the link does not portray Pricemaster, its Licensors, Subsidiaries, co-brand partners, affiliates and other partners or its or their respective services in a false, distorted, offensive or otherwise damaging manner. You may not use any Pricemaster, Licensor, subsidiary, affiliate, co-brand partner, or other partner trademark, logo or other proprietary graphic as part of a link to the Site without first obtaining the express written consent of Pricemaster, the co-brand partner, subsidiary, affiliate or other partner or Licensor.

Pricemaster does not assure secure, continuous, or uninterrupted access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Pricemaster’s control.

TRADEMARKS

PRICEMASTER, ComparisonEngine, Marketplace and other Company graphics, designs, logos, page headers, buttons icons, scripts, are domain registered and trade appearance in the A.U and/or other countries. Company trade appearance may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the company.

CONTENT

Pricemaster provides various services to assist you in comparison shopping for services and products on the Site. Pricemaster is paid by traders or other third parties for listing products and services on its Site and for promotions which are displayed as Merchant Specials.

Pricemaster does not itself license, sell or resell any of the products listed on the Site, nor is Pricemaster performing as an agent of sale, and Pricemaster disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Therefore any questions, complaints or claims related to any service or product should be directed directly to the appropriate seller or merchant.

Pricemaster does not warrant that product specifications, pricing, editorial commentary or any other content of the Site, regardless of its source, is correct, complete, trustworthy, up-to-date or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Pricemaster of any product, merchant, seller, service, or any reviews or notes thereof regardless of the source of such review or comment. Pricemaster assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user rankings (e.g. Merchant Ranking, or buyer product rating) or other content on the Site.

CONTENT SUBMISSION

By contributing or by putting up any content to the Site, you allow and direct us to make such copies thereof as we consider essential in order to assist the posting and storage of the User or Merchant Content on the Site. By posting User or Merchant content to any part of the Site, you automatically allow, and your present and warrant you have the right to grant, to the Company an transferable, irrevocable, royalty-free, perpetual, non-exclusive, fully paid, worldwide license (with a right to sublicense) to copy, use, publicly perform, translate, publicly display, reformat, excerpt (in whole or in part), and distribute such User and Merchant Content for any purpose, advertising, commercial, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works in any form, medium or technology such User and Merchant content, and to grant and allow sublicenses of the foregoing.

Moreover, you warrant that all "moral rights" that you may have in those materials have been willingly waived by you. None of the materials shall be subject to any responsibility of confidence on the part of Pricemaster, its Licensors, co-brand partners, agents, subsidiaries, affiliates, or other partners and their respective representatives, directors, officers, employees and agents. Pricemaster has the right to delete, change or condense any content on the Site that Pricemaster deems, in its sole decision.

YOUR RESPONSIBILITIES

You agree that you shall not post or provide any information to/for the Sites:

that is known by you to be false, inaccurate or misleading;

that encroach on any third party's trade secret, copyright, trademark, patent, or other proprietary rights or rights of publicity or privacy; that violates any statue, law, regulation, or, ordinance in any applicable jurisdictions (including, but not limited to, those governing export control, false advertising, consumer protection, anti-discrimination, unfair competition and privacy);

that is, or may realistically be considered to be, religiously, racially, defamatory, or hateful biased or offensive (including the use of swear words), unlawfully harassing or threatening to any individual, corporation or partnership; for which you were rewarded or approved any consideration by any third party; that seeks to obtain a commercial advantage; that includes any information that references other web sites, contact information, phone numbers, addresses, email addresses, or other personal information such as credit card numbers; or that contains any worms, computer viruses, or other damaging or potentially damaging computer files or computer programs.

In contributing or submitting any content to the Site, you agree not to use an incorrect or ambiguous email address, impersonate any entity or person, or otherwise provide any misleading information about the origin of any content that you submit. You should also note your responsibilities to indemnify Pricemaster (among others) for the content you submit as set forth in the indemnity section, below.

You by contributing agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Pricemaster’s computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to observe or copy Site pages or the content contained therein without Pricemaster's prior written approval.

PRICEMASTER MARKETPLACE

Parties to a transaction ("buyer" and "seller") are solely responsible for all transactions and interactions with each other, for arranging of payment and the exchange of goods and services purchases if applicable, and for the results and performance of any transaction or relationship entered into through Pricemaster ComparisonEngine pages and Marketplace. You accept that Pricemaster is not accountable or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services promised, or for any other aspect of the transaction. Any fees payments collected by Pricemaster applicable to Pricemaster ComparisonEngine and Marketplace are set forth on the Site, and all terms and conditions are applicable to sch fees are forth in Merchant and Advertiser Agreements. However please note that these terms of sale do not apply to your purchases of products or services from third parties through the Pricemaster ComparsionEngine and Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF PRICEMASTER COMPARISONENGINE AND MARKETPLACE IS PROVIDED "AS IS" AT YOUR OWN RISK.

MERCHANT REVIEWS

You may submit a merchant review through the Merchant Ratings System on the Site or through the Buyer Satisfaction Survey to describe your shopping experiences with merchants.

You may put a merchant review only in good faith and about a merchant from whom you have actually bought or attempted to buy products, limited to where you have (i) completed the ordering process, (ii) exchanged payment data, and/or (iii) received an invoice number.
You approve to submit the corresponding and legitimate invoice number or equivalent confirmation of order number/identifier when submitting the merchant review ("Invoice Number"). You acknowledge and agree that the Invoice Number will be made available by Pricemaster to the applicable merchant in combination with your review, and accordingly, the merchant may be able to contact you regarding your review or otherwise.
You may only describe your experience with the merchant for which you are writing a merchant review. You should not review any merchant on situations that are not controlled by the merchant you are reviewing.
You may submit no more than one merchant review of a particular merchant in any thirty (30) days period.
Any merchant review that you submit has to follow the conditions and restrictions described in the CONTENT SUBMISSION section, above. You recognize and agree that your review may not be displayed if the Invoice Number does not match the associated information in Pricemaster's records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to PriceMaster, which may result in PriceMaster initiating a user review inquiry. During the user review inquiry, PriceMaster may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site.
Upon becoming aware of the same, PriceMaster will omit any merchant review that it determines on the face of the review (only) violates any requirements in this Terms of Use or the Membership Agreement. PriceMaster will not itself edit or modify the contents of a merchant review; it will only remove a review in accordance with the foregoing.

By providing the Invoice Number, you acknowledge and agree that you may be contacted by PriceMaster and/or the applicable merchant to which/whom the invoice relates. You acknowledge and agree that your review may not be displayed if the Invoice Number does not match the associated information in PriceMaster's records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to PriceMaster. This may result in PriceMaster opening a user review inquiry. During the user review inquiry, PriceMaster may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site. 

In order to submit a merchant review you may be required to have a PriceMasterr Membership here.

OTHER BUSINESSES AND LINKS TO OTHER SITES

Pricemaster may offer links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are offered solely as a convenience to you, and they do not constitute an endorsement by Pricemaster of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. You should carefully review their privacy statements and other conditions of use. Pricemaster is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites.

Moreover, Pricemaster has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PRICEMASTER, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH PRICEMASTER, FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY PRICEMASTER ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEMASTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE GRAPHICS, MATERIALS, INFORMATION, CONTENT, LINKS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION TO THIS, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEMASTER SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. PRICEMASTER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. THEREFORE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PRICEMASTER'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEMASTER DISOWNS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRICEMASTER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM PRICEMASTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRICEMASTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold PriceMaster, its subsidiaries, affiliates, co-brand partners, and other parties with which PriceMaster is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting from any and all content you submit to PriceMaster and/or the Site. PriceMaster shall provide notice to you of any such claim, suit or proceeding.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by Pricemaster, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

Copyrights and Trademarks

All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by Pricemaster and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Pricemaster has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: info@Pricemaster.com.au

Product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the Pricemaster trademarks, are protected by AU law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.

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