August 10, 2022 | 05:13 AM

Terms and Conditions of Use

This Website, www.fatcat.com.au, including all of its features and content (“the Website”) is a service made available by The Compare Group Pty Ltd (“Compare”), ACN 123 319 906, and all content, information and software provided on and through this Website (“Content”) may be used solely in accordance with these Terms and Conditions of Use.

1. Access.

1.1 Any use by you of the Website is conditional upon your acceptance of these Terms and Conditions of Use, including our Privacy Statement. We reserve the right to amend these Terms and Conditions of Use from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms and Conditions of Use, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement.

2. Website Limited Licence.

2.1 As a user of this Website, Compare grants to you a nonexclusive, nontransferable, revocable, limited licence to access and use this Website and Content in accordance with these Terms and Conditions of Use. Compare may terminate this licence at any time for any reason.

3. Limitations on Use.

3.1 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users.

3.2 You may not monitor or copy our Website or the Content without Compare’s prior written permission.

3.3 You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. Any unauthorised use of this Website or its Content is prohibited.

4. Not Financial Advice.

4.1 The Content is not intended to and does not constitute financial advice, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Website or materials linked from this Website is at your own risk.

5. Intellectual Property Rights.

5.1 Compare is the owner and/or authorised user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website ("Content") are the copyright of Compare, its suppliers and licensors unless expressly indicated otherwise by Compare.

5.2 Except as provided in these Terms and Conditions of Use, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the website.

5.3 Except as provided in these Terms and Conditions of Use, any use or reproduction of the intellectual property is prohibited. All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this website are owned by Compare or its licensors.

5.4 You agree that you are permitted to use this material or content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by Compare or its licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

5.5 Except as expressly provided in these Terms and Conditions of Use, nothing contained herein shall be construed as conferring any licence or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

5.6 The Content is protected by Australian and international copyright and trademark laws.

5.7 No one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorised in writing by Compare.

5.8 You may view this website and you are welcome to print hard copies of material on it solely for your lawful and personal use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or create derivative works of such material, without our prior written consent. All other rights are reserved.

6. Advertising.

6.1 This Website contains information on financial products and financial services which you may access. All financial products and financial services information has been provided by the relevant provider or vendor and not Compare, and Compare has included it on this Website as a convenience only. You should confirm all product descriptions and specifications with the relevant original provider before purchase.

6.2 This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Compare, its affiliates or their directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

6.3 Compare will not be responsible for the illegality of or any error or inaccuracy in advertisers’ materials or for the acts or omissions of advertisers.

6.4 In some instances, the advertisement may contain representations or offers by the third party advertiser which you may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not Compare, and the third party advertisers are solely responsible to you for the provision of the financial product or financial services that you purchase on the third party websites.

7. Registration.

7.1 Certain sections of this Website require you to register. If registration is requested, you agree to provide Compare with accurate and complete registration information. It is your responsibility to inform Compare of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page.

7.2 Compare does not permit:
(a) anyone other than you to use the sections requiring registration by using your name or password; or
(b) access through a single name being made available to multiple users on a network or otherwise.

You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify Compare immediately by contacting administration at [email protected]

7.3 It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Compare when you desire to cancel your account. Compare will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

8. Errors and Corrections.

8.1 Compare does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.

8.2 Compare does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable.

8.3 Compare may make improvements and/or changes to its features, functionality or Content at any time.

9. Third Party Content and Message Boards.

9.1 Third party content may appear on this Website or may be accessible via links from this Web Site. Compare shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Compare.

10. Disclaimer and Limitation of liability.

10.1 To the extent permitted by legislation such as the Trade Practices Act 1974 (Cth), this Website is provided on an "as is, as available" basis.

10.2 Compare expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement.

10.3 Compare disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from this Website and the content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party web sites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom,
(c) the unavailability of this Website or any portion thereof,
(d) your use of this Website, or
(e) your use of any equipment or software in connection with this Website.

10.4 Compare shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this web site and the interactive areas of this web site or any facts or opinions appearing on or through an interactive area.

10.5 Compare shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this web site or the content. To the extent the foregoing limitation of liability is prohibited, Compare’s sole obligation to you for damages shall be limited to $100.00.

10.6 The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Compare of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights").

10.7 Compare does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

10.8 Except as provided for by the Non-excludable Rights:

(a) this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, and Compare and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

(b) Compare does not warrant that any functions on this Website (including inter alia your access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to you or any other person accessing this Website are free of viruses or any other harmful components.

(c) Compare does not warrant or make any representations regarding your access to, or the results of your access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

10.9 Under no circumstances (including but not limited to any act or omission on the part of Compare) will Compare or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.

11. Indemnification.

11.1 You agree to indemnify, defend and hold harmless Compare, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms and Conditions of Use by you.

11.2 You will also indemnify Compare against any claims that information or material which you have submitted to Compare is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

11.3 Compare reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with Compare in any such defences.

12. Third Party Rights.

12.1 The provisions of paragraphs 10 (Disclaimer and Limitation of Liability), and 11 (Indemnification) are for the benefit of Compare and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Unlawful Activity.

13.1 Compare reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

14. Remedies for Violations.

14.1 Compare reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to this Website and any other Compare Web sites and their features.

15. Your responsibility.

15.1 You should always verify the information set out in this Website with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Website and to ensure the compatibility of such software with your equipment.

15.2 In circumstances where you provide Compare with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which Compare may make of such information.

16. Confidentiality and Privacy.

16.1 Unless specifically requested, Compare does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by email, or in any other way.

16.2 Any information or material submitted by you, and which has not been specifically requested by Compare will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Website, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by Compare without restriction for whatever purpose Compare deems fit and without payment of any sum or acknowledgement of you as their source.

16.3 You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. Compare shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

16.4 In the course of your use of the Website, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Compares’ information collection and use policies with respect to such User Information are set forth in the Website Privacy Statement, which Privacy Statement is incorporated into these Terms and Conditions of Use by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

17. Privacy.

17.1 Your use of this Website is subject to Compare’s Privacy Policy.

18. Severability of Provisions.

18.1 These Terms and Conditions of Use incorporate by reference any notices contained on this Website, the Privacy Policy and the advertising agreement constitute the entire agreement with respect to access to and use of this Website. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, or conflicts with the advertising agreement then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

19. Termination.

19.1 The Terms and Conditions of Use are effective until terminated by Compare, and Compare may terminate this agreement and your access to the Website at any time without notice.

19.2 In the event of termination, you are no longer authorised to access this Website, but all restrictions imposed on you and all Compare disclaimers and limitations of liability set out in the Terms and Conditions of Use will survive.

19.3 Such Termination shall not affect any legal right that may have accrued to Compare against you up to the date of termination.

19.4 Compare may restrict, suspend or terminate your access to the Website and/or your ability to avail of any of the services on the Website, including interactive services, if Compare believes that you have breached these Terms & Conditions at any time.
19.5 Any such restriction, suspension or termination will be without prejudice to any rights which Compare may have against you in respect of your breach of these Terms & Conditions.

19.6 Compare may also remove the Website as a whole or any sections or features of the Site at any time. Please note that Compare has the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions of Use.

20. General.

20.1 This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

20.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

20.3 All rights not expressly granted herein are reserved.

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