In these Terms, ‘Compare Air Conditioning’, ‘us’, ‘we’ and ‘our’ means Compare Air Con. Pty Ltd (ACN 619 075 053).
1. What is Compare Air Conditioning?
We provide a service on this website which enables you to research and compare air conditioning installation companies, and air conditioning products, systems and services, all of which are provided by third parties. Our comparison service is free for you to use.
We provide you general information and recommendations about products installed and services provided by air conditioning installation companies and what to consider when engaging with an air conditioning installation company. Before you act on any information and guidance that we provide to you, you should consider and evaluate your personal needs, objectives and situation in order to determine which air conditioning installation company suits you. Our recommendations are not personal recommendations, suggestions or advice about which air conditioning product or installation company is suitable for you and your personal needs, and does not take into account your individual circumstances.
Please note that we have not compared every air conditioning product or installation company operating in the market.
2. Accuracy of information
The information on our website is not comprehensive. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms) that may interfere with or damage the operations of your computer systems.
We may, from time to time, change or add to the website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. To the extent permitted by law, we are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
3. Links to third party websites
Our website may contain links to websites operated by third parties. We provide those links for your convenience. We are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in them.
4. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the Terms and, where applicable, as expressly authorised by us.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location, and support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
5. Unacceptable activity and use of our website
This website is for your personal, non-commercial use only. You must not use this website or its Content for commercial purposes (including for competitive advantage or to the competitive disadvantage of Compare Air Conditioning).
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
You must not use this website or its Content in any manner that is inconsistent with the purpose for which this website is provided, in any manner which is in breach of any laws or in any other way which is not expressly permitted by these Terms or Compare Air Conditioning in writing.
6. Warranties and disclaimers
Compare Air Conditioning tries to ensure that the Content (which includes information supplied by third parties) is accurate and up-to-date. Please write to us if you spot an error.
However, to the extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure, or warranties or representations with respect to any information, advice or action relied on or followed by any person using this website or any of our services.
Except as expressly stated in a written agreement between you and Compare Air Conditioning, and to the extent permitted by law, all content, services, products and software provided on this website are provided ‘as is’ without warranty of any kind (express or implied). We disclaim all warranties (express or implied) including those of merchantability, fitness for a particular purposes and non-infringement.
You are solely responsible for the appropriateness of the site, its content and the products and services offered by Compare Air Conditioning for your intended application and use.
We do not warranty that the site, its content or the products and services it offers on the site meet your requirements.
We reserve the right to restrict, suspend or terminate your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Air conditioning products or services are not provided by us but are instead provided by third parties over whom we do not have control. To the extent permitted by applicable law, Compare Air Conditioning disclaims any liability resulting from the provision of services or products by third party providers, such as an air conditioning installation companies contained on our website. Liability shall rest with the appropriate third party provider and shall not under any circumstance be deemed to rest with Compare Air Conditioning. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so.
To the extent permitted by applicable law, Compare Air Conditioning disclaims any liability resulting from the provision of services by us.
Without limiting the application of the exclusions and limitations set out in this section 7, to the extent permitted by applicable law, under no circumstances will Compare Air Conditioning or any of its directors, officers, employees, agents, contractors or representatives be liable to you for any of the following losses or damage (whether such losses or damager were foreseen, foreseeable, known or otherwise and whether such losses or damages arise in contract, negligence or tort, or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Compare Air Conditioning service regardless of the form of action.
You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms or your use of this website.
9. Prohibition and severance
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
26 October 2020