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Privacy and Policy

COMPARISON ADVANTAGE
PRIVACY POLICY

  1. INTRODUCTION- This document sets out the privacy policy of Comparison Advantage Pty Ltd ACN 626 309 073 (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’).This privacy policy applies whenever we collect your personal information (or personal data). This includes between you, the visitor to this website (whether directly as our customer or as personnel of our customer), and us, the owner and provider of this website and also where we are directed by a third party to process your personal information. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website and the provision of our services to you.We take our privacy obligations seriously and we’ve created this privacy policy to explain how we collect and treat your personal information. Personal information is that information which is identifiable as being about you.
  2. LAWS AND STANDARDS WE COMPLY WITH –We comply with:
    1. the Australian Privacy Principles established by the Privacy Act 1988 (Cth); and
    2. to the extent the European Union’s General Data Protection Regulation 2016/679 (‘GDPR’) applies to us and our use of your information, the GDPR.
  3. TYPES OF PERSONAL INFORMATION WE COLLECT- The personal information we collect may include the following:
    1. name;
    2. mailing or street address;
    3. email address;
    4. social media information;
    5. telephone number and other contact details;
    6. business name;
    7. information about your business requirements;
    8. information in connection with client surveys, questionnaires and promotions;
    9. your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
    10. information about third parties; and
    11. any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you.
  4. HOW WE COLLECT PERSONAL INFORMATION We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access. We may collect personal information either directly from you, or from third parties, including where you:
    1. contact us through our website;
    2. communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
    3. use our automated referral system or manual referral service;
    4. interact with our website, social applications, services, content and advertising; and
    5. invest in our business or enquire as to a potential purchase in our business.

    We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. Cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

    Optional: We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.

  5. USE OF YOUR PERSONAL INFORMATION – We collect and use personal information for the following purposes:
    1. to provide services or information to you, including by providing your personal information to our clients as a lead for the sale of any products you enquire about through our Website or other means;
    2. for record keeping and administrative purposes;
    3. to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;
    4. to improve and optimise our service offering and customer experience;
    5. to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
    6. to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003(Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
    7. to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
    8. to consider an application of employment from you.

    This clause applies to personal information, other than in the European Economic Area. We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.

    Where you are a resident of the European Union and the GDPR applies, please see below (clause 10).

    We’ve endeavoured to ensure that our use and collection of your data is clear and as transparent as possible, but in the interests of keeping this policy concise it’s not possible to list every circumstance in which we will use your data.

    We may use third party service providers for disaster recovery services. To the extent necessary to receive those disaster recovery services, we will provide your data to that third party service provider.

    We may also use third party service providers to audit the infrastructure and applications we use to store your data. To the extent necessary to receive those audit services, we will provide your data to that third party service provider.

  6. SECURITY- We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
  7. LINKS- Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
  8. REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION- If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe. Where you are a resident of the European Union and the GDPR applies to your personal information, you have the right to ask for ‘subject access request’ or ‘SAR’ being a copy of your personal data held by us. Where we do hold such data about you we will provide you with a copy of the data we hold about you. This will be in a commonly used machine-readable file where you request us to e-mail the information to you. We will also give you a description of the data, tell you why we are holding it and tell you who we could have disclosed it to.If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected. We will also stop processing data on your request and you may also request that we delete the data held about you.If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us using the contact details set out in the ‘Contact Us’ section below.

    We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).

  9. CHANGE OF CONTROL- If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
  10. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (‘EEA’)If you are an EU resident and the GDPR applies, we will wherever possible, ensure your data remains in the EEA. Information that we collect in the EEA may from time to time be stored, processed in or transferred between parties located in countries outside of the EEA which may not have as stringent data protection laws as found in the EEA.Some of our third party service providers may be also located outside the EEA. If we transfer your data outside the EEA in this way (where you are a resident of the European Union and the GDPR applies to your personal information) we will ensure that the third party provider we use is compliant with the GDPR and that your privacy continues to be protected as outlined in this privacy policy.If Article 27 of the GDPR applies to us, we will appoint a representative within the European Union in accordance with the GDPR. Please contact us and we will let you know the representative’s contact details.
  11. COMPLAINTS- If you wish to complain about how we handle your personal information or information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time. For data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under GDPR.
  12. CONTACT US For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:Email: <[email protected]>By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

COOKIES POLICY

  1. INTRODUCTION
    1. This Cookies Policy applies when you use our website https://www.comparisonadvantage.co.nz or any other websites we operate with the same domain name and a different extension (“Website”).
    2. This Cookies Policy applies between you and us, Comparison Advantage Pty Ltd ACN 626 309 073 (“we”, “us”, “our”).
    3. A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on our Website, including strictly necessary, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing out Website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to our Website or browse from one page to another. Cookies also provide information on how people use our Website, for instance whether it’s their first time visiting or if they are a frequent visitor.
    4. This Cookie Policy describes how we use cookies.
    5. Our Cookie Policy is an adaptation of terms outlined by AWS, our hosting provider. You can read the AWS cookie policy here.
  2. COOKIES AND TYPES OF COOKIES WE USE
    1. Some cookies are necessary to allow you to browse our Website, use its features, and access secure areas. The use of these cookies is essential for our Website to work.
    2. We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include:
      1. User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of our Website.
      2. Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
      3. Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
      4. User interface customization persistent cookies are used to store a user’s preference regarding a service across web pages.
    3. We use many tools to help us improve our Website. To this end, we use reporting and analytics cookies to collect information about how you use our Website and how often. These cookies only gather information for statistical purposes and only use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:
      1. First party analytics cookies – we use these cookies to estimate the number of unique visitors, to improve our Website and to detect the most searched for words in search engines that lead to our Website. These cookies are not used to target you with online marketing. We use these cookies to learn how our Website is performing and make relevant improvements to improve your browsing experience.
      2. Third party analytics cookies – we also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with our Website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with our Website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.
    4. Advertising cookies are used on our Website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our Website and we may share this information with third-parties, such as advertisers. Although these cookies can track your device’s visits to our Website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. Read more about how companies use cookies to conduct targeted or retargeted advertising here.
    5. Finally, Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our platform to improve the experience of browsing and interacting with our websites. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research.
  3. HOW LONG WILL COOKIES REMAIN ON MY COMPUTER OR MOBILE DEVICE?The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
  4. HOW DO I CONTROL COOKIES
    1. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website may no longer be fully accessible.
    2. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: allaboutcookies.org.
    3. Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the privacy policy links listed above.
  5. UPDATES TO THIS POLICY – We may update this Cookie Policy from time to time in accordance with changes commensurate with Spotify. We encourage you to check back periodically to review this Cookie Policy for any changes since your last visit.

Terms and Condition

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

TERMS OF USE

  • Welcome to Comparison Advantage! We are a free, B2B hub connecting businesses with technology providers from across New Zealand .To make it easier for you (the “User” or “you”) to understand the terms on which we provide our services, we’ve tried to keep these terms and conditions (Terms) as simple as possible by using plain English.When we talk about “Comparison Advantage“, “we,” “our,” or “us” in these Terms, we are referring to Comparison Advantage Pty Ltd, an Australian company with the ACN 626 309 073.

    When we talk about the “Services” in these Terms, we are referring to our Comparison Advantage website available at https://www.comparisonadvantage.co.nz (the Website) and any associated services we offer, including referring your information to our various suppliers for them to provide you with quotes for products you inquire about.

    We also refer in these Terms to our Privacy Policy, Cookie Policy and Web Terms which all also apply to your use of the Services and our Website.

    1. INTRODUCTIONThese Terms set out the terms and conditions that apply when you use the Services. By using the Services, you agree to be bound by these Terms, which form a binding contractual agreement between you and us.Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.

      By ticking the box to accept these Terms, you agree to be bound by these Terms.

      We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

    2. WHO MAY USE THE SERVICESIn order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.If you use the Services and accept these Terms on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so.
    3. HOW OUR SERVICES WORK
      1. REQUESTING A QUOTEIn order to use the Services, you may access our Website to request a quote or fill in a form to express your interest in a product or service (Quote).To receive a Quote, you will be asked to provide personal information such as your contact details for the purpose of us receiving a Quote.
      2. PRIVACY POLICYTo understand how we collect, use and handle your personal information, please read our privacy policy [https://www.comparisonadvantage.co.nz/privacy-policy/].By accepting these Terms, you agree to be bound by the clauses in our Privacy Policy.
      3. INITIAL CALLAfter requesting a Quote, Comparison Advantage may call you on the number provided (which is at no cost to you) to discuss your business needs in relation to the Quote you requested (Initial Call).
      4. IDENTITY VERIFICATIONIn order to validate any personal information that you provide to us, you agree to us contacting you (either by phone, email or SMS) to verify your details to ensure that Providers can properly reach you to provide a Quote that you have requested.
      5. PROVIDERSAfter the Initial Call with Comparison Advantage, or without an Initial Call if Comparison Advantage decides it is not necessary, Comparison Advantage will provide your contact details to pre-vetted suppliers or providers related to the goods or services you have requested (Providers).The Providers will contact you (either by phone, email or SMS) to provide tailored Quotes (which is at no cost to you). From there, Providers may continue to follow up on any Quotes they have provided to you.

        If you have any issues with Providers, please refer to clause 8.

      6. INTRODUCTION FEEProviders will pay us an introduction fee to thank us for any referral that they receive from us. This fee is at no cost to you and will be covered by the relevant Provider.
    4. ACCEPTABLE USEWe need you to make a few promises about the way you’ll use the Services.You agree:
      1. not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
      2. not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      3. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User of the Services;
      4. not to act in any way that may harm the reputation of Comparison Advantage or associated or interested parties or do anything at all contrary to the interests of Comparison Advantage or the Website;
      5. not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
      6. you must not make any automated use of the Websiteand you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of Comparison Advantage;
      7. that Comparison Advantage may change any features of the Websiteor Services offered through the Website at any time without notice to you;
      8. that information given to you through the Website is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
      9. not to attempt to breach the security of the Website, the Services or Comparison Advantage’s system security, or otherwise interfere with the normal function of the Services, including by:
        1. gaining unauthorised access to Comparison Advantage data about other Users of the Services;
        2. scanning, probing or testing the Services for security vulnerabilities;
        3. overload, flood, mailbomb, crash or submit a virus to the Services or Comparison Advantage’s system; or
        4. instigate or participate in a denial-of-service attack against the Services or Comparison Advantage’s system; and
      10. to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
    5. OUR CONTENTUnless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to intellectual property rights that are owned and licensed by us, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights).You may only access and use these materials for the sole purpose of enabling you to use the Services, except to the extent permitted by law or where you have received prior written approval from us.
    6. THIRD PARTIES
      1. THIRD PARTY CONTENTThe Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
      2. THIRD PARTY LINKSThe Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
      3. THIRD PARTY TERMS AND CONDITIONSBy using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).You agree to any Third Party Terms applicable to any third party goods and services, and Comparison Advantage will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
      4. LINKED BUSINESSESYou acknowledge and agree that:
        1. the Website provides links and introductions to Providers, owned and operated by third parties that are not under the control of Comparison Advantage;
        2. the provision by Comparison Advantage of introductions to Providers does not imply any endorsement or recommendation by Comparison Advantage of any Listing;
        3. Comparison Advantage does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Providers listed on the Website; and
        4. any terms and conditions relating to a service, Provider or Quote provided via the Website constitute a contract between you and the Provider and do not involve Comparison Advantage in any way.
    7. INTRODUCTION SERVICESComparison Advantage is a medium that facilitates the introduction of Users and Providers, in order for those Providers to provide Quotes, offers goods and services to Users. Comparison Advantage simply acts as an introduction service to Users and Providers, and does not have any obligations or liabilities to, and is not a party to any contract between, Users and Providers in relation to such offers, goods or services, or otherwise resulting from the introduction.You agree and acknowledge that:
      1. any terms and conditions relating to Quotes, offers, goods and services are solely between you and the Provider and do not involve Comparison Advantage in any way, except that they must not be inconsistent with your obligations under this agreement;
      2. as part of the Services, we provide links and introductions between third party Providers that are not under the control of Comparison Advantage;
      3. any Quotes and subsequent follow-ups are not under the control of Comparison Advantage, and any queries or complaints about the Quotes should be directed to the Provider;
      4. our provision of introductions between Providers and Users through the Website does not imply any endorsement or recommendation by Comparison Advantage of any Provider;
      5. we do not constantly examine, determine or warrant the legality of any Provider, or of the offers, goods and services listed by a Provider on the Website. In the event that you wish to use a Provider, you are solely responsible for making your own enquiries;
      6. we make no guarantee of any cost savings or any other financial outcome by facilitating introductions between you and Providers;
      7. any terms and conditions agreed relating to an offer, a good or a service, or Quote provided via the Website, constitute a contract between a User and a Provider and do not involve Comparison Advantage in any way; and
      8. all Quotes provided by a Provider are subject to change by the Provider without notice.
    8. DISPUTE RESOLUTIONIf you have a dispute, complaint or issue with a Provider, you must communicate and resolve the complaint or issue directly with that Provider.However, if you are unable to resolve the dispute with a Provider, please notify us and we will use reasonable endeavours to attend to the issue or complaint.
    9. REVIEWS
      1. Users may be provided an opportunity to provide feedback on our Services, which may be viewed by other Users (Review).
      2. A User must provide true, fair and accurate information in their Review.
      3. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review. We do not undertake to review each Review made by a User.
      4. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
      5. You may not publish Reviews to which you have personal or professional relations.
      6. You can write a Review about a Provider, and that Provider’s goods or services, if you have had a buying or service experience in relation to that Provider, which means that:
        1. you have purchased a product or service from the relevant Provider; or
        2. you were discussing a Quote with that Provider; or
        3. you can otherwise document your use of the service by a Provider, including via correspondence or other interaction with the Provider (collectively referred to as a Service Experience).
      7. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
      8. You may not write a review about a Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Provider, or work for the Provider. Similarly, you may not write a Review about a direct competitor to the Provider you own, are employed by or work for.
      9. Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
      10. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform.
    10. SERVICE LIMITATIONSThe Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
      1. the Services will be free from errors or defects;
      2. the Services will be accessible or available at all times;
      3. messages sent through the Services will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Services will be secure or confidential; or
      5. any information provided through the Services is accurate or true.
    11. SECURITYWe do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Services.You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
    12. DISCLAIMER(Goods and Services from Providers) Any goods or services offered or provided to you by a Provider are strictly from that Provider and not from Comparison Advantage. You acknowledge and agree that any liability for goods or services from Providers is a risk of the Provider and Comparison Advantage will not be a party to any such claim or dispute.(Limitation of liability) To the maximum extent permitted by applicable law, Comparison Advantage limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.

      (Indemnity) You agree to indemnify Comparison Advantage and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.

      (Disclaimer) All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Comparison Advantage’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

      1. in the case of goods, their replacement or the supply or equivalent goods or their repair; and
      2. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

      (Consequential loss) To the maximum extent permitted by law, under no circumstances will Comparison Advantage be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

    13. SURVIVALThe sections titled “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
    14. REPORTING MISUSEIf you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
    15. GENERAL
      1. WAIVERNo party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
      2. ASSIGNMENTYou can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Comparison Advantage.
      3. GOVERNING LAWThis agreement is governed by the law applying in New South Wales, Australia.
      4. JURISDICTIONThe courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
      5. LOCATION OF SERVICESComparison Advantage controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

        We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

        You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

    These Terms were last updated on 27.5.2021

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