Terms of Service

Welcome to the CompareTV terms of service (the “Terms of Service”) page. The proprietor and operator of the CompareTV website www.comparetv.com.au (the “Website”) is TWENTY/TWENTY DIGITAL PTY LTD

(“CompareTV”, “We”, “Us”, “Our”); a company registered in Australia with business number “20 166 855 401” whose registered address is at 4/7 Alexander St. Tamarama, NSW, 2026.

These Terms of Service govern the use of the Website. We encourage you to carefully read the Terms of Service set forth below before using the Website. These Terms of Service along with the Privacy Policy at www.comparetv.com.au/privacy and any other policies stated on the Website are a reflection of the entire understanding of the relationship between CompareTV and its users (the “User(s)” or “You”) and it shall prevail any previous agreements, unless CompareTV, expressly and in writing, states otherwise. These Terms of Service constitute a binding agreement between You and CompareTV and are deemed accepted by You each time You access the Website or use the Services. The standard language of the Terms of Service is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

1. THE SERVICE

CompareTV is an online platform about TV, in particular IPTV and Cable / Pay TV also featuring articles and reviews about TV shows, movies as well as IPTV related hardware such as, but not limited to Set Top Boxes. The service operated by CompareTV (the “Service”) is aimed to provide Users with a wealth of information to help them take informed decisions about providers, packages and offers across many brands and providers before transacting with TV providers (the “Providers”). We aim to compare and contrast options and help the User make buying decisions that suit their needs. We also seek to entertain the Users and guide them through the TV shows they love or are soon to love with interesting articles and other written content. We aim to help people set up, use, solve problems and get the most out of their products and services by providing content such as “how to” guides. CompareTV provides its services and recommendations on the basis of information provided by its Providers. We might express our opinion about the Providers services and products in articles and reviews we post on the Website. We may also publish user reviews on products and services.

1.1 Provision of Information

CompareTV ranks products aimed at the Australian TV consumer market from Providers by collecting publicly available information from these parties and organising this content into a database. CompareTV takes reasonable endeavours to ensure that the information provided on the CompareTV Website is accurate. However, information flows across the range of products and different strategic priorities of Providers may provoke delays in the updating of product details as modifications are made. The information that we provide on the Website may or will not take account of (i) any special offers by the Providers; (ii) customer’s individual needs or circumstances; (iii) all the available products and services. CompareTV does not warrant that the above described information is at any point of time fully accurate or complete at any given time and disclaims all liability in relation to any kind of damage whatsoever which could result from taking decisions on the basis of such information involving description of the products and services. Information provided as a result of using the Service is not aimed to substitute the decision the User should make themselves. You acknowledge that CompareTV does not provide advice or recommendation to You about whether You should or should not purchase any particular product or service. You must rely on your own enquiries, experiences and judgment taking into account your own personal circumstances in deciding whether a particular product is suitable for You.

1.2 Product and service Providers

CompareTV promote offers, products and services of IPTV and PayTV Providers on the Website. These offer pages link through to Provider websites where the User may choose to sign up under the terms of service of the Provider’s website and terms and conditions of their product offerings. CompareTV Service is free of charge. Providers provide information to CompareTV without charging any additional fees to Users. Should you proceed to purchase a product or service found on the Website, any additional charges by any Provider are a matter for disclosure to You by the Provider at the time you choose to accept any product or service offering of the relevant Provider. In order to provide the Service for free CompareTV may sometimes receive a commission or a fee from the Providers based on the contractual arrangements between CompareTV and some of the Providers. CompareTV is not a distributor, seller or reseller of the Providers products and services it features on the Website. CompareTV accepts no responsibility or liability and does not give any guarantees, undertakings or warranties concerning (i) the accuracy, completeness, or current nature of the information provided to CompareTV by the Providers; (ii) the service, content, coverage, functionality, operation, compatibility, installation, maintenance, level of service, warranty ability, or any other matter in connection with any product or service offering of any Provider; and (iii) any aspect of or related to the terms and conditions of use, installation, functionality, maintenance, price or payment in connection with any product or service offering of any service provider. CompareTV is not directly owned or controlled by any of the Providers or any of their franchisees, dealers, stores or other third parties whose products are included in the Service. However, We have media deals with Providers to monetise traffic from the Website signing up for their services and products. We aim to have a balanced viewpoint without bias. The opinions of editors and writers, whether internal or external, such as Users, is their own opinion at the time of writing. CompareTV reserves the right not to read all the opinions and reviews before publishing them on the Website. The products We rank on the Website are compared automatically in order to provide You with a ranking taking into account features, price and other factors of a product based on your search criteria.

1.3 CompareTV ranking organisation

The ranking of products in the CompareTV results table is performed using individual reviewers opinions as well as customer opinion and rankings.

2. USE OF SERVICE

2.1 General conditions of use

CompareTV provides the Service to be used exclusively by private individual consumers in order to assess information about products and services they may wish to purchase for their personal or business purposes.

2.2 Eligibility

The Website is not intended for use by people under the majority of age. By accessing and using the Website and the Service You represent that you have reached the majority of age and able to enter into contracts. You are prohibited from using the Website if you do not meet the eligibility requirement.

2.3 User Conduct

The User shall not use the Service and the Website or its content, whether in part or as a whole in any way that: (i) may be and can be deemed as harmful to the interests of CompareTV or any associated parties or any other Users; (ii) violates any applicable laws and statutes in any manner, promotes anti-constitutional organisations or displaying the insignia of such organisations or glorifies violence; (iii) transmits pornographic, obscene, offensive, threatening, harassing, defamatory, racist or illegal content or content which CompareTV feels is inappropriate or objectionable for the CompareTV Website, harmful to young persons, related to narcotics trafficking, inciting or downplaying the consumption of narcotics, inciting criminal offences, gambling, insult or slander, defamation, etc; (iv) breaches or may breach any rights of any third party, such as but not limited to copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights; (v) is libellous or defamatory, contains threats or incite violence towards Us, any individuals or entities or another User or violates the privacy or publicity rights of any third party; (vi) includes information for which the User has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.); (vii) distributes spam, machine-generated or randomly-generated and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (viii) contains or installs viruses, worms, malware, Trojan horses or other harmful or destructive content; (ix) intends to disrupt, destroy, limit, or impair the Website service or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.; (x) breach or might breach the National Privacy Principles as set out by the Privacy Act 1988; (xi) disobeys any requirements, procedures, policies, or regulations of networks connected to the Website; (xii) impersonates or otherwise misrepresents your identity or affiliation with any other person or entity; (xiii) assists in commitment of forgery or attempted forgery; (xiv) harasses any individual, whether or not a User of the Service and the Website; (xv) collects or stores data about other Users or merchants, including their e-mail addresses; (xvi) is an attempt to gain unauthorised access to the Website or computer systems or networks connected it through any type of means; (xvii) advertises or solicit scams, chain letters or pyramid schemes.

2.4 Content

We have taken a lot of time to be able to collect the content we make available to You (the “Content”). You understand that and acknowledge that You will not, ant any point of time: (i) resell, offer to sell, license the right to sell or resell, reproduce, distribute, transmit, retransmit, communicate to the public, download, reproduce or use in any other commercial way the CompareTV Website or its Content as part of another work, project, design via any media, means of communication or publication; (ii) upload and/or repost the Content to any other website; (iii) violate the integrity or security of the Website, inclusive of attempts to gain unauthorised access; (iv) modify or copy or attempt to modify or copy the design and/or layout of the CompareTV Website or any computer software or code contained in it.

2.5 Access to the Service

CompareTV hereby reserves the right to deny your access to or use the Website, whether in part or as a whole, with no prior notice, if at any point of time CompareTV reasonably believes that You have engaged, are engaged or will engage in any action that (i) violates any provision of these Terms of Service; (ii) violates the rights of any third party or of CompareTV; (iii) tarnish the image or brand name of CompareTV; (iv) is otherwise inappropriate for continued access to and use of the Website. You acknowledge that CompareTV has no obligation, but have the right, to monitor your access to or use of the Website. We may monitor such access or use in order or to ensure compliance with these Terms of Service or to comply with any law or order of a court.

3. THIRD PARTY LINKS

Some content of the Website, including but not limited to the information on the offers, products and services of Providers may contain links to third party websites, including but not limited to the Providers’ websites or services which CompareTV is not directly affiliated with. CompareTV disclaim all liability with relation to such third party content. CompareTV does not have any control over third party websites, including Providers websites, and is not responsible for their contents or their use. By linking to any such Third Party Website CompareTV does not represent or imply that it endorses such website or webpage and the content posted thereon.

You are solely responsible for taking precautions as necessary to protect Yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CompareTV disclaims any responsibility for any kind of harm, loss or damage resulting from Your use of any Third Party Websites.

You understand and acknowledge that You are solely responsible for any type of transaction you enter into with any third party including Providers even if you learned about that Provider or the relevant product, offer or service of theirs via the Website or you entered into contact with the relevant Provider through the Website.

4. INTELLECTUAL PROPERTY RIGHTS

Except as stated otherwise anywhere in these Terms of Service, CompareTV is the exclusive owner or licensee of all right, interest and title in all copyright, trade marks, service marks, patents and all other intellectual property rights in and to all artwork, interfaces, templates, fonts, graphics, software, data, text, information (including the compilation of the information) contained on the Website and all other works that form part of the Website or arise from the Service. The Website also incorporates under permission from Providers certain copyright material and trade and service marks of its Providers and other third parties.

As CompareTV asks others to respect its intellectual property rights, it respects the intellectual property rights of others. You are prohibited from copying, downloading, reproducing, distributing, adapting or communicating to the public all or any part of the content or any other works of any kind incorporated into or form part of the Website or arise from the Service regardless of whether such material is the property of CompareTV, a Provider or any other third party.

In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of CompareTV or other parties, CompareTV may, in its discretion, terminate or deny such User’s access to and use of the Website. In the case of such termination, CompareTV will have no obligation to provide any compensation to the User.

If You believe that material located on or linked to by the Website violates your copyright, You are encouraged to notify CompareTV via email at editorial@comparetv.com.au. CompareTV will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

5. LIMITATIONS OF LIABILITY AND INDEMNITY

CompareTV is not a party to any transaction, dealing or dispute between a User and a Provider. In any event of any kind of dispute which has arisen between any User and any Provider each User releases CompareTV, its agents, affiliates and employees from any claims, demands and damages, whether actual or consequential or any kind and nature, known or unknown, suspected or unsuspected, disposed and undisclosed, arising out of or in any way connected with such disputes. In no event shall CompareTV be held liable for any harm, loss or damage resulting from Users’ relationships and agreements with Providers or any third parties, as set forth in these Terms of Service. The provisions set forth in this clause shall extend to third party, such as but not limited to Providers, services and products You might have been directed to via any third party links, whether posted by Us or any other User. CompareTV makes no warranty or representation as to the suitability of the offers, products and services mentioned or contained within the Website whether as part of the information provided by using the Service or otherwise. It is entirely the User’s sole responsibility to ensure and confirm that any product, offer or service is of satisfactory quality and fit for the User’s intended purpose and that any service, offer or product is appropriate for the User’s requirements and that all the relevant terms and conditions are appropriate to the User’s current circumstances and requirements, including any arrangements the User may make for paying for or financing the product. You are advised that new products, services or offers may but does not have to be introduced or existing products, services or tariffs may be modified, suspended or revoked by Providers with or without any prior notice. Whilst CompareTV puts its best endeavours to update the Website within a reasonable time after being notified of such modifications by Providers or becoming aware of such changes, CompareTV cannot accept any liability should any Provider provide inaccurate, misleading, incomplete or inaccurate information which CompareTV takes in good faith or if the Provider fails to notify CompareTV in a timely manner of modifications in their products, services or offers. We do not monitor or review the contents of Providers websites which are linked to and from this website, including but not limited to the websites of our referral partners. We are therefore not responsible or liable for any opinions expressed on such websites or material contained on them or accessible from them and should not be taken to be the publisher or disseminator of such opinions or material nor should we approve such opinions or material or make any express or implied recommendation in respect of them. To the fullest extent permitted by law, CompareTV, its affiliates and related entities disclaim and exclude all representations, conditions and warranties, express or implied, under law, statute or custom, with respect to the Content, the Service and the products contained or offered through the CompareTV Website including without limitation those with respect to: (i) the accuracy, completeness or current nature of the information provided to CompareTV by the Providers; (ii) the service, content, functionality, operation, compatibility, installability, maintenance, level of service or any other matter in connection with any product offered by any Provider; (iii) any aspect of the terms and conditions of use, installation, function, maintenance, price or payment in connection with any product offered by any Provider; (iv) merchantability or fitness for a particular purpose; (v) freedom from computer viruses or malicious programs; (vi) suitability for your intended use; and (vii) delays, interruptions, errors or omissions in delivery or provision. To the fullest extent permitted by law, User agrees to release, discharge, indemnify and hold CompareTV its officers, subsidiaries, affiliates, successors, assignees, directors, officers, agents, service providers, suppliers, employees, referral partners and contractors and Providers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of User’s use of the Service, User’s violation of the Terms of Service, User’s breach of any of the representations herein, or User’s violation of any rights of another made against CompareTV: (i) for any loss or damage caused to you or any third party, whether by damage to property, delay or financial loss arising from or incidental to your use of the CompareTV Website and/or the Service; and/or (ii) arising from or related to your use of the CompareTV Website, the Content or the Service in any manner, whether in breach of these Terms Of Use or otherwise.

The right of CompareTV to be indemnified under this paragraph is in addition to, and not exclusive of, any other right, power or remedy provided by law.

Notwithstanding the above provisions, nothing in the Terms of Service is intended to limit or exclude any liability on the part of CompareTV, its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

6. PRIVACY POLICY

CompareTV complies with data protection regulation and will only disclose information in accordance with law and our Privacy Policy, available here. By using the Service You acknowledge and agree to Our Privacy Policy.

7. FORCE MAJEURE

CompareTV shall not be liable to Users or in breach of these Terms of Service for delay or failure to perform if the delay or failure is caused by an event which is beyond Our reasonable control such as, but not limited to natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, labour strikes, economic and technological embargos etc.

8. SEVERABILITY AND NO WAIVER

If any part of the Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.

Each provision of the Terms of Service shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

The failure of CompareTV to enforce any right or provision of the Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of CompareTV.

9. APPLICABLE LAW, VENUE AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, to which CompareTV and Users submit. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed by the User within 1 year after such claim or cause of action arose or be forever barred.

10. CONTACT AND COMPLAINTS

If You have any questions to or suggestions for Us, please contact Us at operations@comparetv.com.au.