Terms and Conditions of Use
By using this website, you confirm that you have read and understood and agree to abide by these Terms of Service (Terms).
These Terms of Service apply to your use of this website (Website) operated by Gee Media Pty Ltd (referred to below as "Internet Choice" or "us" or "we" or "our") and also applies to any information provided by us on this Website, and any messages sent to or from us electronically.
By using this Website, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The content on or accessible through www.internetchoice.com.au is for informational purposes only and does not constitute technical advice related to your broadband plan.
Agreement
1. Our Service
(a) Internet Choice is a broadband comparison service matching users requests for broadband plans with service providers (Broadband Providers).
(i) Internet Choice has created a comparison of Selected Broadband Providers that have agreed to list their plans on our website.
(ii) Internet Choice is not a party to, or responsible for, any service provided by a Broadband Provider to you.
(iii) Internet Choice will not be a party to any disputes between the Broadband Provider and you.
(iv) Internet Choice is not liable in any way for any service delivered or service failure by any Broadband Provider for any reason.
2. Licence to Use Website
(a) Internet Choice grants to users of its web service a limited, revocable right to access and use the Website as set out in these Terms and to print pages from the Website only for your personal and informational purposes.
(b) Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of Internet Choice.
(c) To use this Website, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website.
(d) Internet Choice may terminate your licence to use this Website at any time for any reason at Internet Choice's sole discretion, including but not limited to:
(i) Harassment by you of other users of the Website;
(ii) Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
(iii) Posting by you of material on the Website which promotes non Internet Choice authorised commercial activity;
(iv) Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
(v) Misuse by you of our content or of third party content posted on the Website, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
(vi) Conduct by you that we consider detrimental to our business and our other Website users.
3. Warranties and indemnification obligations
(a) To the maximum extent permitted by law, the service on this Website is provided by Internet Choice on an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
(b) In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by Internet Choice and that, without limiting the foregoing, Internet Choice gives no warranty or representation as to:
(i) the results that may be obtained through the use of the Website;
(ii) the accuracy, reliability or otherwise of any information obtained from or displayed on this Website;
(iii) the Website being available at any time or at all;
(iv) the Website being error free;
(c) To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless Internet Choice and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
(i) the use of the Website;
(ii) any dispute between you and a Broadband Provider;
(iii) any negligence by a Broadband Provider in the provision of any service to you;
(iv) any loss or damage suffered by or through you arising from or related to the provision of any service by a Broadband Provider; and
(v) any loss or damage suffered by or through you arising from or related to the use of the Website.
(d) Internet Choice accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website, including any information provided by or relating to Broadband Providers and other information which appears on the Website. Information displayed on the Website may be:
(i) out of date;
(ii) inaccurate in whole or in part; or
(iii) the result of duplication or confusion between Broadband Providers where two or more Broadband Providers have the same or similar name.
(e) Internet Choice will determine, in its sole discretion, the method by which it confirms to you the results of your use of our comparison site.
(f) Internet Choice is not liable for liability, costs or damages suffered or incurred by you resulting from any communication directly between you and the Broadband Provider.
4. Review of content and Linked Third Party Websites and Information
(a) Internet Choice may from time to time review and remove content posted on our Website by you and by other Website users in its sole discretion.
(b) Internet Choice reserves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law on the Website.
(c) If you would like Internet Choice to review any material on our Website, please contact us by email at the address set out on this Website.
(d) The Website may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by Internet Choice and they are not endorsed by or affiliated with Internet Choice in any way, unless otherwise indicated on the Website.
(e) Internet Choice is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by Internet Choice as to the quality, accuracy or completeness of the third party information or third party websites.
(f) If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, Internet Choice accepts no liability or responsibility for your actions or omissions on the linked sites.
5. User Supplied Content
Subject to Internet Choice's legal obligations with respect to privacy:
(a) Any information or material submitted by you through any facility on our Website (User Material) will be considered as having been voluntarily submitted by you for use by Internet Choice and is not confidential. By providing Internet Choice with User Material via the Website, you:
(i) grant Internet Choice a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant Internet Choice the right to publish the name you use to submit the User Material;
(ii) You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in (i) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
(iii) agree to indemnify and hold Internet Choice and its directors, officers, agents and employees (for whom Internet Choice accepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of Internet Choice never to bring any claim against Internet Choice related to any User Material or your name that you post on the Website.
(b) You represent and warrant in favour of Internet Choice that you are authorised to submit any User Material you submit to Internet Choice and that Internet Choice is free to use any such User Material without any restriction or prior notice to you, whether for Internet Choice commercial or non-commercial purposes and without any compensation to any person or entity.
6. How we are paid
(a) We provide a service on this Website which enables you to research and compare broadband products, all of which are provided by third parties.
(b) Our comparison service is free for you to use. We receive payment from the third party product providers when you use our service to purchase products from them.
7. Copyright in Website Content
Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by Internet Choice or used by Internet Choice under licence.
8. Linking to the Website
(a) You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site, without the prior written consent of Internet Choice.
(b) You will be liable for any direct or indirect damages to or loss suffered by Internet Choice due to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify Internet Choice in respect of any loss or damage suffered by Internet Choice due to such actions.
9. Third party incentives and promotions
(a) From time to time, you may be given the option to participate in reward or similar programs to obtain certain products or services provided by third parties (Program Partners) that may be promoted on the Website. Participation in those programs will be governed by separate terms and conditions that you must agree to prior to your decision to participate.
(b) Internet Choice will integrate Program Partners into the Website at its discretion.
(c) Internet Choice reserves the right to change the terms of any promotion offered with or through any Program Partners at any time. Internet Choice is not responsible for changes to or discontinuance of any program.
(d) Unless stated otherwise, the products and services promoted on the Website as being provided by a Program Partner are supplied by that Program Partner and not by Internet Choice and the Program Partner’s standard terms and conditions (governing for example delivery, refunds etc.) will govern your agreement to acquire those goods or services.
(e) Any offers or representations made by Program Partners are made by the Program Partner only and Internet Choice does not give any warranties, guarantees or representations regarding the quality of any merchandise, products or services offered or provided by any Program Partner. Internet Choice is not responsible or liable to you for any losses you may suffer in the event that the Program Partner fails to comply with its obligations to you.
10. Limitation of Liability
(a) Internet Choice does not charge fees to you for use of its service to compare broadband plans on this Website. To the maximum extent permitted by law, Internet Choice will not be liable to you for any direct, indirect consequential or any other damage you may incur as a result of your use of this Website, which is entirely at your own risk.
(b) While Internet Choice takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate and Internet Choice makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions.
(c) As far as lawfully possible, Internet Choice accepts no liability or responsibility for the actions or omissions of any other users of the Website in relation to the content contained herein.
(d) All information provided on the Website is general in nature and does not constitute technical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
(e) In no event will Internet Choice be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
(f) Internet Choice is not responsible for the deletion, failure to store, misdelivery or untimely delivery of any material accessed through the Website or external sites and will not be liable for any damage or loss whatsoever resulting from any users of the website downloading or accessing any information or material through the Website.
(g) Internet Choice does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.
(h) Internet Choice does not guarantee that files or programs executed and/or downloaded from this Website or provided via this Website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and Internet Choice is not liable for any such damage or interference which may be suffered in connection with use of our online services.
(i) Internet Choice does not guarantee the security of any information sent to the Website via the internet and such information is sent at the transmitter's own risk.
(j) Internet Choice does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.
11. Changes to the Website
(a) Internet Choice reserves the right to revise, change, modify or delete the content of any part of the Website, including any product or service available through the Website, at any time in its sole discretion and without prior written notice.
(b) Internet Choice reserves the right to terminate or restrict access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.
12. Updates
Internet Choice reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.
13. Intellectual Property
(a) You acknowledge that all intellectual property contained on or within the Website is and remains at all times the property of Internet Choice or the other parties identified. You agree not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe Internet Choice’s intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from Internet Choice or the approval of the relevant copyright owner.
(b) Nothing displayed on the Website grants any licence or right of use of any logo, or trade mark displayed without the express written permission of the relevant owner.
14. Referral Program
(a) You may refer other persons to the Website at any time. From time to time Internet Choice may offer a reward based referral scheme to users ( Referral Scheme). However there is no obligation to give you rewards unless:
(i) User referrals are made specifically in conjunction with an authorised Referral Scheme;
(ii) Users have complied with the rules and conditions of the Referral Scheme (which will be published on the Website);
(iii) User referrals are eligible to use of the Website;
(iv) a User referral joins as a User prior to termination of the Referral Scheme; and
(v) a User has not used spam or spamming techniques or other improper means to obtain referrals.
15. Dispute Resolution
(a) All questions or disputes relating to the Website including these terms should be submitted to Internet Choice to resolve directly with you.
(b) Internet Choice will endeavour to resolve any disputes expeditiously.
(c) The User acknowledges that any complaints or enquiries in relation to any good or services supplied by any Workshop will be directed to the Workshop in question.
16. Privacy
(a) We will use and share personal information we have collected about you to provide our service and for our business purposes.
(b) We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
(c) Our third party service providers, including Workshops, may contact you from time to time as required to provide our service and to improve our service.
(d) Our Privacy Policy (posted on the Website) governs how we use information we collect about you. If you do not agree to our Privacy Policy, you may not use our service.
(e) You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website.
(f) The Website contains links to other sites that are not affiliated or associated with, or controlled by Internet Choice and Internet Choice has no responsibility for their privacy practices and our Privacy Policy applies only to those parts of the Website within the control of Internet Choice.
(g) Internet Choice may change its Privacy Policy from time to time at its discretion and without notice. If any such changes are made, Internet Choice will make all reasonable efforts to bring those changes to the attention of users of its website services by posting the revised policy on the Website.
Until such time as you unsubscribe, you authorise Internet Choice to send marketing and promotional materials regarding the Website, to you.
Internet Choice's handling and use of your personal information is governed by our Privacy Policy.
17. Applicable Laws
These Terms are governed by the laws of the State of Queensland, Australia.
18. Internet Choice Policies
These Terms must be read with any policy we post on the Website, which policies form part of these Terms.
19. Interpretation
In this Agreement, unless the subject or context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
(b) the singular includes the plural and vice versa;
(c) a reference to an individual or person includes a corporation, firm partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to this Agreement;
(f) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
(h) a reference to any party to this document or any other document or arrangement includes that party's executors, administrators, substitutes, successors and permitted assigns;
(i) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(j) a reference to a matter being written includes that matter being in any mode of representing or reproducing words, figures or symbols in written form;
(k) a reference to a time is that time in Brisbane, Queensland;
(l) except as otherwise provided, a reference to a period of time (including without limitation, a year or a month) is to calendar period;
(m) a reference to the Corporations Act is to the Corporations Act 2001 (Cth);
(n) a reference to an "associate" of a party is to a person that has a relationship for the time being with the relevant party whereby either that party or such person directly or indirectly controls, is controlled by, or is under common control with, the other. For this purpose, "control" means the power, whether direct or indirect, of one person to direct or cause the direction of the management or policies of another, whether by contract, through voting securities or otherwise;
(o) a reference to "dollars" or "$" is to Australian currency.