Canstar Blue Website Terms & Conditions
Version: 26 May 2016
A. Website use and content
The information provided in the Website is a guide only and may not be complete for your purposes. Canstar Blue does not warrant the accuracy of any information on the Website and recommend that you confirm it with third party product providers before acting on it. Third party product and service information is for information purposes only and must be confirmed with the company quoted. Survey results reflect the survey respondents’ subjective opinions of the product or service under consideration.
If Canstar Blue requests that you stop using the Website, you must immediately comply with that request.
B. Liability disclaimer
Canstar Blue gives no warranty in relation to statements and information contained in the Website and disclaims all liability to the fullest extent possible under the laws of Australia arising from any persons using the Website or acting on the information and statements contained therein. You agree that you use the Website at your own risk and subject to these terms and conditions. Canstar Blue assumes no responsibility or obligation to provide updates on any published statement or report. Where the law implies conditions or warranties that are not able to be excluded, Canstar Blue’s liability shall be limited to the re-supply of the information provided on the Website.
This website is owned by Canstar Blue and subject to copyright. This website may also contain third party supplied material that is subject to copyright. Canstar Blue takes no responsibility for the use of information provided on the Website. Except as permitted by the Copyright Act 1968, you may not reproduce, transmit, disseminate, sell, or publish information on the Website without prior written permission from Canstar Blue, provided that you may use the information for your private or internal purposes. You may not copy or use any of the graphics or other elements of the Website (including look and feel) within another website. You may link to the Website by text link only, and not within a frame in your website.
Any company and product names mentioned on our website are trademarks or registered trademarks of their respective companies. If a trademark owner prefers not to have its logo displayed, please let us know at firstname.lastname@example.org and we will change it to plain text.
This website may contain links directly to other websites(“Link” or “Linked Website”) or via an affiliated marketing network . Such Links do not constitute an endorsement or recommendation of any material on those linked websites or any third party products and services offered by, from or through Linked Websites. Linked Websites are independently owned and Canstar Blue has no control over their content. Canstar Blue is not responsible for and shall not be liable to any party in relation to the use or content of a Linked Website. You must take your own precautions to ensure that Linked Websites are free from viruses or other potentially damaging material.
E. User contributions to the Website
If you post a contribution to Canstar Blue’s feedback, blog or forum pages, you agree to the rules set out below (‘Rules’). If you breach the Rules, our webmaster may delete the posting, suspend your ability to post, or ban you from posting altogether. The webmaster may use its absolute discretion when taking action in relation to these rules.
The rules apply to anything that you can enter into a field on the Canstar Blue website, or that can be published on the Canstar Blue website (eg user name, post content, post responses).
- Content you cannot post on the Website:
- No abuse, insults, personal attacks or foul language
- No trolling, inflammatory comments, personal messages or “religious” debates
- No inappropriate, illegal or defamatory material
- No advertising goods or services to buy or sell, no business advertising
- No cross-posting or spamming
- No content which may contain software viruses;
- No complaints about content (see section 3 below about how to make a complaint).
- Removal of material
- Canstar Blue may in its absolute discretion edit or remove any material from the Website at any time, including material you have posted to the Website.
- In particular (but without limiting our ability to remove other content from the Website) Canstar Blue’s webmaster will remove material that is defamatory, offensive or illegal immediately upon our becoming aware of it.
- Defamation is where your post lowers or harms the reputation of another person.
- Illegal posts include anything that encourages illegal conduct or breaks the law in any way eg. inciting others to attack a product supplier’s website, racial vilification, discriminatory comments on the basis of age, gender, or sexual orientation.
- Offensive content is anything that you wouldn’t say in front of a prospective employer or your child’s school teacher eg. sexual references and racist comments. It might not be illegal, but if it is offensive, the webmaster will remove it.
- Canstar Blue has instructed the webmaster to take a zero tolerance approach to these posts.
- Complaints about user contributions and posts
- Canstar Blue may not moderate or scrutinise every single comment posted to the Website.
- It does not endorse or necessarily agree with user comments and takes no responsibility for those comments.
- If you believe that a user comment is inappropriate, please forward a complaint to the webmaster at email@example.com setting out
- where the material is located on the Website,
- why you consider the material to be inappropriate and
- your name and contact details.
- Canstar Blue takes complaints seriously and we will act upon all complaints received provided that the relevant information has been provided.
- If you do not provide your name and contact details with the complaint we may treat it as vexatious and not act on it.
- We aim to deal with complaints promptly but we cannot guarantee that we will read your complaint and act on it within a particular timeframe. Canstar Blue – Website terms and conditions
- Canstar Blue may post comments or respond to posts from time to time. If we do this, we are not to be taken as endorsing or agreeing with the views of any user.
- You should not post or provide to the Website any information that you consider to be confidential or proprietary. All information that we receive from you via the Website is deemed not to be confidential.
- You agree that unless we state otherwise, all communications made to the Website by any means are public;
- You have no expectation of privacy in relation to posts you make to the Website in any location;
- You grant to Canstar Blue a perpetual, irrevocable, non-exclusive worldwide, royalty free, licence to use, copy, sub-licence, distribute, display, reproduce, transmit, modify, edit and otherwise exploit any public communication you make with the Website, in all media and for any purpose.
F. Canstar Blue Legal Threats Policies
Our policy in relation to legal threats and demands made against Canstar Blue is at our legal threats policy page.
Canstar Blue does not represent that any information (including any file) (‘Information’) obtained through the Website is free from faults or defects, including computer viruses or similar malignant code. It is your responsibility to scan any such files to ensure that they are safe for your use. Canstar Blue will not be liable to you or any other person for any loss or damage (however caused) and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that liability may not be excluded, Canstar Blue’s liability shall be limited (at its choice) to the re-supply of the relevant Information, or the cost of re-supply of the relevant Information.
H. Canstar Blue Customer terms and conditions applicable to Information Partner services
You agree with us that:
- You acknowledge that the comparison, product and/or quoting information you have requested is provided by the third party supplier identified on the Canstar Blue page containing the link to these terms and conditions (“Information Partner”);
- By clicking the action button (eg “Apply Now”, “Get Quote”, “Details”, “Search”, “View Plans”, “Proceed”), you are requesting that Canstar Blue submit your request for information to the Information Partner. You may also contact the Information Partner directly if a phone number is shown on the Canstar Blue page;
- If you proceed to purchase a product from an information provider, you will deal directly with the information provider. Canstar Blue makes no representation and gives no warranty to you about the suitability or quality of/or any other matter in relation to, the product you purchase.
- The Information Partner is not our employee, contractor or agent and we will have no liability to you in relation to your dealings with the Information Partner including any advice or recommendations it may make, or in relation to any product or service you may acquire from it;
- You will make all arrangements in relation to services you require from the Information Partner or in relation to their services;
- We may receive a fee from the Information Partner if you acquire products or services from them;
- We make no recommendation to you about the skills, expertise or suitability of the Information Partner for your purposes;
- We may contact you to seek your response to a survey in relation to your dealings with the Information Partner;
- “We” and “us” means CANSTAR Blue Pty Limited A.C.N 142 285 434.
I. General Terms and Conditions of Promotions
The following document (“General Terms and Conditions”) covers all promotions and competitions run by Canstar Blue Pty Ltd ACN 142 285 434 (“Canstar Blue”) of Level 21, 143 Turbot Street, Brisbane, QLD, 4000 (“Promoter”) on its website and Facebook. The information about each specific promotion set out in the relevant Promotion Schedule (“Promotion Schedule”) forms part of this agreement. The Promotion Schedule can be found on the Canstar Blue website, at http://www.canstarblue.com.au/terms-and-conditions/.
- The following General Terms & Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run by the Promoter and each Promotion Schedule is incorporated into and forms a part of the General Terms and Conditions.
- If a Promotion Schedule applies to a Promotion then for the purposes of that Promotion, these General Terms and Conditions apply subject to the terms of the applicable Promotion Schedule. To the extent of any conflict between these General Terms and Conditions and a Promotion Schedule, the Promotion Schedule will prevail.
- Each Promotion commences and closes at the time and on the date shown in item 1 of the applicable Promotion Schedule (“Promotion Period”).
- Information on how to enter a Promotion will be set out in item 2 of the applicable Promotion Schedule for each Promotion.
Entries and Entry Process
- Each individual who enters into a Promotion on the Canstar Blue website or on Facebook is called an “Entrant.”
- All Entrants must be Australian residents.
- Entrants must be at least 18 years of age.
- Employees of any company in the Canstar group (including the Promoter), and immediate family members (spouse/partner, children, parents) of employees, are ineligible to participate in any Promotion.
- Only one entry is permitted per Entrant.
- The Promoter reserves the right to verify the identity of each Entrant. The Promoter reserves the right to disqualify any person for tampering with the entry process.
- A Promotion is not available for use with any other discount, special offer or promotion.
- To be eligible for a Promotion, and in order to make a valid submission under the Promotion, an Entrant must, during the Promotion Period, meet all of the requirements set out in item 3 (if applicable) of the relevant Promotion Schedule.
- If a Promotion is being run on Facebook, Entrants who take up the offer to enter the Promotion are taken to agree to these General Terms and Conditions and to the applicable Promotion Schedule. Each Entrant expressly acknowledges that:
- the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, and
- by entering and participating in the Promotion, the Entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to
- the Entrant’s participation in the Promotion, or
- the Entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)).
Prizes and Prize Winners
- The draw will be in relation to one prize (“Prize”).
- Details of the Prize will be set out in item 4 of the Promotion Schedule.
- The person whose name is picked at random from a list of entrants on the date set out in item 5 of the Promotion Schedule will be the winner of the Prize (“Prize Winner”).
- The Promoter may, at its discretion, substitute the Prize depending on availability, for a similar Prize of equal or greater value if the Prize Winner has been notified in writing and agreed.
- The Prize is not transferable, exchangeable or redeemable for cash.
- The Prize Winner will be selected by a procedure set out in item 5 of the Promotion Schedule for each competition. The selection will take place at the time and date set out in item 5 of the Promotion Schedule.
- Under the Privacy Act 1988 (Cth), the Promoter must tell Entrants when it collects personal information about them and how it plans to use it.
- If an Entrant chooses to enter or take part in the Promotion, the Entrant will be required to provide the Promoter with personal information such as the Entrant’s name, email address, age and postcode.
- Any personal details provided incorrectly to the Promoter may be deemed by the Promoter as an invalid submission.
- Throughout the Promotional Period, the Promoter may at their absolute discretion contact some Entrants via email to further discuss the details of that person’s entry. Any contact is not indicative of an Entrant’s standing in the competition, and does in no way indicate whether or not that Entrant has been selected as a Contestant/Finalist/Winner.
- The Prize Winner will be notified by the email address provided during the Promotion entry process, within 2 working days of being determined.
- Results may be published on the Promoter’s website or any other publication.
- Should the Winner not claim their prize within 2 days of being notified, the Promoter may, at its discretion, re-determine a new Winner.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the Prize as a result of the Promotion.
- The Promoter reserves the right at any time to change these General Terms and Conditions, and to change the Promotion Schedule details for each Promotion.
- All enquiries relating to any Promotion can be directed to firstname.lastname@example.org.
- By entering a Promotion,
- If applicable, the permit(s) identified in Item 6 of the Promotion Schedule will apply to the Promotion. The conditions of the permit(s) will prevail over these General Terms and Conditions and any Promotion Schedule to the extent of any inconsistency.
SCHEDULE TO CANSTAR BLUE PROMOTION GENERAL TERMS AND CONDITIONS
Promotion name: Canstar Blue Mobile Phone Plan Promotion 2016
|1||Promotion Period||This Promotion commences at 10am AEST on Tuesday 27 September 2016 and closes at midnight AEST on Tuesday 4 October 2016.|
|2||How to enter||To enter the Promotion, Entrants must: “Like” the Canstar Blue Facebook page, “Like” the Promotion Post and “subscribe” to the Canstar Blue consumer newsletter.|
|3||Inclusions or exclusions (if applicable)||Residents of South Australia are ineligible to participate.|
|4||Details of Prize and value||The draw will be in relation to one prize, reimbursement of payment of the winning Entrant’s estimated* annual mobile phone bills for the period 1 October 2016 to 30 September 2017 (called a “Prize”) capped at a maximum total of $500 in value. The winning Entrant will be required to send photographic evidence of their most recent monthly mobile phone bill by email to email@example.com when prompted.
(*Prize amount is calculated as the lesser of an amount equal to 12 times the Prize Winner’s mobile phone bill for the month of August or September 2016, and $500).
|5||Draw date, time and location||The Prize Winner will be randomly selected from a list of eligible entrants. The draw will take place between 9am and 10am AEDT on Wednesday 5 October 2016 at Level 21, 143 Turbot Street, Brisbane, QLD, 4000.|
|6||Permit details (if applicable)||This Promotion is authorised in New South Wales by Permit number LTPS/16/07767. The conditions of the permit will override these conditions to the extent of any inconsistency.|
Canstar Blue Innovation Excellence awards 2016 – terms and conditions for submissions (Australia and New Zealand)
- Products in the appliances category only will be considered
- Submissions will be accepted until 12:00 pm AEST, 05/08/2016
- By lodging a submission to Canstar Blue in relation to the Canstar Blue Australian and/or the Canstar Blue New Zealand Innovation Excellence awards 2016 (“Submission”) you are representing to Canstar Blue Pty Limited and Canstar Blue New Zealand Ltd as applicable (together jointly and severally called “Canstar Blue”) that:
- a. You have all licences, authorisations, consents, approvals and permits required by law to make the Submission and to accept these terms and conditions;
- b. The information you provide in the Submission is true and correct in all material respects, is not misleading, and that you have not omitted any material information; and
- c. The Submission complies with all applicable laws.
- You grant to Canstar Blue an irrevocable, perpetual, non-exclusive licence to use the information in the Submission in connection with the Canstar Blue business, including publishing reports and ratings of the product or service referred to in the Submission (“Product or Service”), disclosing Product or Service details and extracts or derivatives of those, in promotions and publicity for the Canstar Blue Innovation Excellence awards, to third parties and the public.
- You grant to Canstar Blue an irrevocable, perpetual, non-exclusive licence to publish on the Canstar Blue website and in all and any other media in connection with the Canstar Blue Innovation Excellence awards the trademark and other look and feel associated with the Product or Service.
- Canstar Blue’s decision in relation to the Canstar Blue Innovation Excellence awards will be final and no correspondence will be entered into.
- You release and hold harmless Canstar Blue in relation to its use of the Submission, the methodology and application of the methodology in determining the Canstar Blue Innovation Excellence awards, the results of the Canstar Blue Innovation Excellence awards, and all other matters directly or indirectly arising in relation to the conduct of and awarding of the Canstar Blue Innovation Excellence awards.
- You agree to indemnify Canstar Blue against all liability, costs (including legal costs on a full indemnity basis), expenses, loss and damage suffered or incurred (or agreed to be paid by way of settlement or compromise) by Canstar Blue as a result of any negligent or wilful act by you in relation to the Submission, or your breach of these terms and conditions.