Canstar Blue Website Terms & Conditions

Canstar Blue Website Terms & Conditions

Version: 17 Nov 2017

A. Canstar Blue Media use and content

Your use of the Canstar Blue website and any Canstar Blue social media outlets (e.g. Twitter, Facebook)(‘Canstar Blue Media’) on each occasion means that you accept the terms and conditions set out on this page and in the Privacy Policy. Canstar Blue Pty Limited ACN 142 285 434 (“Canstar Blue”) may from time to time change the contents of the Canstar Blue MediaCanstar Blue Media (including these legal notices) without notice. If you do not accept these terms and conditions you must not visit or use the Canstar Blue Mediathe Canstar Blue Media.

The information provided in the Canstar Blue Media is a guide only and may not be complete for your purposes. Canstar Blue does not warrant the accuracy of any information on Canstar Blue Media 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 Canstar Blue Media, you must immediately comply with that request.

B. Liability disclaimer

Canstar Blue gives no warranty in relation to statements and information contained in the Canstar Blue Media and disclaims all liability to the fullest extent possible under the laws of Australia arising from any persons using the Canstar Blue Media or acting on the information and statements contained therein. You agree that you use the Canstar Blue Media 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 Canstar Blue Media.

C. Copyright

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 Canstar Blue Media. Except as permitted by the Copyright Act 1968, you may not reproduce, transmit, disseminate, sell, or publish information on the Canstar Blue Media 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 any Canstar Blue Media (including look and feel) within another website or other medium. You may link to the Canstar Blue Media 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 enquiries@canstarblue.com.au and we will change it to plain text.

D. Links

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 Canstar Blue Media

If you post a contribution to any of Canstar Blue’s feedback, blog, comment facilities or forum pages, you agree to the rules set out below (‘Rules’). If you breach the Rules, our webmaster may delete the post, 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 or be published on any Canstar Blue Media (e.g. user name, post content, post responses).

1.Content you cannot post on Canstar Blue Media:

  • 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).

2. Removal of material

  • Canstar Blue may in its absolute discretion edit or remove any material from Canstar Blue Media at any time, including material you have posted to  Canstar Blue Media.
  • In particular (but without limiting our ability to remove other content from  Canstar Blue Media) 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 e.g. 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 e.g. sexual references and racist comments. It might not be illegal, but if it is offensive, the webmaster will remove it.  Canstar Blue’s opinion as to what is offensive is final and not open to debate.
  • Canstar Blue has instructed the webmaster to take a zero tolerance approach to such posts.

3. Complaints about user contributions and posts

  • Canstar Blue may not moderate or scrutinise every single comment posted to the Canstar Blue Media.
  • 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 enquiries@canstarblue.com.au setting out
    • where the material is located on the Canstar Blue Media,
    • 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.

4. Content

  • 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 Canstar Blue Media any information that you consider to be confidential or proprietary. All information that we receive from you via Canstar Blue Media is deemed not to be confidential.
  • You agree that unless we state otherwise, all communications made to Canstar Blue Media by any means are public;
  • You have no expectation of privacy in relation to posts you make to  Canstar Blue Media 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 in any Canstar Blue Media, in all media and for any purpose.

F. Customer feedback

Reviews or comments will not be posted on the Canstar Blue website if they contain any of the following:

  • Abuse, insults, personal attacks or foul language
  • Trolling, inflammatory comments, personal messages or “religious” debates
  • Inappropriate, illegal or defamatory material
  • Advertising goods or services to buy or sell, no business advertising
  • Content which may contain software viruses;
  • Misleading or deceptive comments
  • Illegal content
  • Irrelevant comments
  • Personally identifiable information

Removal of material

  • Canstar Blue may in absolute discretion remove any material from the Canstar Blue website at any time
  • In particular Canstar Blue’s Administrator will remove material that is defamatory, offensive, or illegal immediately upon 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 e.g. 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 e.g. sexual references and racist comments. It might not be illegal, but if it is offensive, the Administrator will remove it.  Canstar Blue’s opinion as to what is offensive is final and not open to debate.
  • Canstar Blue has instructed the Administrator to take a zero tolerance approach to such content.

Complaints about reviews or comments

  • Canstar Blue may not moderate or scrutinise every single review or comment posted to the Canstar Blue 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 Administrator at enquiries@canstarblue.com.au setting out
  • where the material is located on the Canstar Blue Media,
  • 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.

G. 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.

H. Viruses

Canstar Blue does not represent that any information (including any file) (‘Information’) obtained through any Canstar Blue Media 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.

I. Canstar Blue Customer terms and conditions applicable to Information Partner services

You agree with us that:

  1. 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”);
  2. By clicking the action button (e.g. “Apply Now”, “Visit Site”, “Get Quote”, “Details”, “Search”, “View Plans”, “Proceed”), or by clicking on a hyperlinked brand or company name, 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;
  3. 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.
  4. 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;
  5. You will make all arrangements in relation to services you require from the Information Partner or in relation to their services;
  6. We may receive a fee from the Information Partner if you acquire products or services from them;
  7. We make no recommendation to you about the skills, expertise or suitability of the Information Partner for your purposes;
  8. We may contact you to seek your response to a survey in relation to your dealings with the Information Partner;
  9. You have read and accept the terms of our Privacy Policy;
  10. “We” and “us” means CANSTAR Blue Pty Limited A.C.N 142 285 434.

J. 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 https://www.canstarblue.com.au/terms-and-conditions/.

  1. 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.
  2. 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.

Promotions

  1. Each Promotion commences and closes at the time and on the date shown in item 1 of the applicable Promotion Schedule (“Promotion Period”).
  2. 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

  1. Each individual who enters into a Promotion on the Canstar Blue website or on Facebook is called an “Entrant.”
  2. All Entrants must be Australian residents.
  3. Entrants must be at least 18 years of age.
  4. 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.
  5. Only one entry is permitted per Entrant.
  6. 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.
  7. A Promotion is not available for use with any other discount, special offer or promotion.
  8. 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.

Facebook Promotions

  1. 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:
    1. the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, and
    2. 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
      1. the Entrant’s participation in the Promotion, or
      2. 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

  1. The draw will be in relation to one prize (“Prize”).
  2. Details of the Prize will be set out in item 4 of the Promotion Schedule.
  3. 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”).
  4. 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.
  5. The Prize is not transferable, exchangeable or redeemable for cash.
  6. 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.
  7. Where a Prize is or includes an appliance, the Prize Winner acknowledges that Canstar Blue is not the manufacturer or supplier of the appliance, and agrees not to make any claims or complaints about the appliance against Canstar Blue.

Personal Information

  1. 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.
  2. 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.
  3. The Prize Winner will be required to provide the Promoter with the name of the recipient of the Prize and delivery address for the Prize (“Recipient Information”). The Entrant collects participants’ personal information and Recipient Information in order to conduct the Promotion. Canstar Blue’s privacy policy at https://www.canstarblue.com.au/privacy-policy/ applies to the personal information and Recipient Information provided by Entrants.
  4. Any personal details provided incorrectly to the Promoter may be deemed by the Promoter as an invalid submission.
  5. 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.
  6. The Prize Winner will be notified by the email address provided during the Promotion entry process, within 2 working days of being determined.
  7. Results may be published on the Promoter’s website or any other publication.
  8. Should the Winner not claim their prize within five business days of being notified, the Promoter may, at its discretion, re-determine a new Winner by a random draw which will take place between 10:00am and 12:00pm AEST on the sixth business day at Level 21, 143 Turbot Street, Brisbane, QLD 4000.
  9. 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.
  10. 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.
  11. All enquiries relating to any Promotion can be directed to enquiries@canstarblue.com.au.
  12. By entering a Promotion,
    1. You authorise Canstar Blue to provide the Recipient Information to the third party service provider responsible for supply and delivery of the Prize (“Supplier”), and acknowledge that the Recipient Information will be dealt by the Supplier under the terms of its Privacy Policy; and
    2. You are deemed to have accepted these Promotion Terms and Conditions, along with the Conditions of Entry for the relevant Promotion and Canstar Blue’s privacy policy.
  13. Comments made on Canstar Blue social media pages (e.g. Twitter, Facebook) by social media users may be used by Canstar Blue for promotional purposes, including but not limited to on the website www.canstarblue.com.au.
  14. 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 “Chance To Win $1500 Towards Your New Phone! – SA”

This Promotion Schedule is incorporated into and forms part of Canstar Blue’s “General Terms and Conditions of Promotions”, available at http://www.canstarblue.com.au/terms-and-conditions/. The General Terms and Conditions apply to the Promotion subject of this Promotion Schedule. To the extent of any conflict between this Promotion Schedule and the General Terms and Conditions, this Promotion Schedule will prevail.

Item Number

Description

Details

1

Promotion Period

This Promotion commences at 5:00pm AEST on Monday 27th August 2018 and closes at 11:00am AEST on Thursday 30th August, 2018.

2

How to enter

To enter the Promotion, Entrants must:

  • Fill in the competition entry form,
    • Providing their name, postcode and email address
    • Enter the promo code as seen on ‘Today Tonight – Adelaide’
    • Agree to receive Canstar Blue’s consumer news and telco updates newsletters.

The competition entry form appears

3

Inclusions or exclusions (if applicable)

Only residents of South Australia are eligible to participate

4

Details of Prize and value

The draw will be in relation to one prize, being $1,500 cash (called a “Prize”). The Prize will be sent directly to the prize winner’s Australian bank account by direct deposit after the Prize draw has occurred and the Prize winner has notified Canstar Blue by reply email of their bank account details.

5

Draw date, time and location

The Prize Winner will be randomly selected from a list of eligible participants. The draw will take place during business hours AEST on 31st August, 2018, at Level 22, 143 Turbot Street, Brisbane, QLD, 4000. The Prize winner will be notified by email no later than 5pm on the same day as the draw.

The Prize winner will be required to notify Canstar Blue, via reply email, of their:

  • acceptance of the prize,
  • full name,
  • contact phone number,
  • residential post code
  • Australian bank details,
  • year of birth,
  • approval for Canstar Blue and Today Tonight to announce their name as a Prize winner on www.canstarblue.com.au and www.todaytonightadelaide.com.au and any other relevant publications. 

6

Permit details                 

Not applicable.

7

Additional Conditions

  1. By entering the Promotion and accepting the Prize, the Prize Winner agrees to be bound by the General Terms and Conditions, read in conjunction with this Schedule.
  2. Should any Prize winner(s) not validly claim their Prize(s) within five business days of being notified, a re-draw will take place in respect of the unclaimed Prize(s). Subsequent re-draw/s, if required, will occur during business hours AEST on the business day immediately following the expiry of the claim period. The new winner/s shall be notified by 5pm AEST on the day of the re-draw.

 

SCHEDULE TO CANSTAR BLUE PROMOTION GENERAL TERMS AND CONDITIONS

Promotion name: Canstar Blue “Chance To Win $1500 Towards Your New Phone!- WA”

This Promotion Schedule is incorporated into and forms part of Canstar Blue’s “General Terms and Conditions of Promotions”, available at http://www.canstarblue.com.au/terms-and-conditions/. The General Terms and Conditions apply to the Promotion subject of this Promotion Schedule. To the extent of any conflict between this Promotion Schedule and the General Terms and Conditions, this Promotion Schedule will prevail.

Item Number

Description

Details

1

Promotion Period

This Promotion commences at 5:00pm AEST on Friday 24th August 2018 and closes at 11:00am AEST on Monday 27th August, 2018.

2

How to enter

To enter the Promotion, Entrants must:

  • Fill in the competition entry form,
    • Providing their name, postcode and email address
    • Enter the promo code as seen on ‘Today Tonight – Perth’ Facebook page.
    • Agree to receive Canstar Blue’s consumer news and telco updates newsletters.

The competition entry form appears

3

Inclusions or exclusions (if applicable)

Only residents of West Australia are eligible to participate

4

Details of Prize and value

The draw will be in relation to one prize, being $1,500 cash (called a “Prize”). The Prize will be sent directly to the prize winner’s Australian bank account by direct deposit after the Prize draw has occurred and the Prize winner has notified Canstar Blue by reply email of their bank account details.

5

Draw date, time and location

The Prize Winner will be randomly selected from a list of eligible participants. The draw will take place during business hours AEST on 28nd August, 2018, at Level 22, 143 Turbot Street, Brisbane, QLD, 4000. The Prize winner will be notified by email no later than 5pm on the same day as the draw.

The Prize winner will be required to notify Canstar Blue, via reply email, of their:

  • acceptance of the prize,
  • full name,
  • contact phone number,
  • residential post code
  • Australian bank details,
  • year of birth,
  • approval for Canstar Blue to announce their name as a Prize winner on www.canstarblue.com.au and any other relevant publications. 

6

Permit details                 

Not applicable.

7

Additional Conditions

  1. By entering the Promotion and accepting the Prize, the Prize Winner agrees to be bound by the General Terms and Conditions, read in conjunction with this Schedule.
  2. Should any Prize winner(s) not validly claim their Prize(s) within five business days of being notified, a re-draw will take place in respect of the unclaimed Prize(s). Subsequent re-draw/s, if required, will occur during business hours AEST on the business day immediately following the expiry of the claim period. The new winner/s shall be notified by 5pm AEST on the day of the re-draw.