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Myshopping.com.au Website Terms of Use

Nov 11th, 2015
www.MyShopping.com.au (the Site) is a comparison online shopping web site containing product, merchant, store and pricing information, reviews and comparisons, including user-generated content such as ratings, opinions, comments, articles, and reviews. The Site is owned and operated by MyShopping Australial Pty Ltd (ABN 24 164 419 354).
Please read these Terms of Use carefully before accessing or using the information, content, services and forums available through the Site. If you are under 18 years of age, you must obtain a parent/guardian's consent before accessing and using the Site
Important Notice: these Terms of Use constitute a legally enforceable agreement with My Shopping. If you do not agree with any of these Terms of Use, you are not permitted to use the Site and should immediately exit from it.
By accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.

Modifications

My Shopping may modify these Terms of Use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times.

Prohibited Conduct

You must not:
  • use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any relevant standards or codes
  • use another's name, username or password without their permission
  • tamper with, hinder the operation of, or make unauthorised modifications to the Site
  • knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site
  • modify, adapt, translate, or reverse engineer any portion of the Site
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Site
  • collect any information about other users or My Shopping Club members (including usernames and/or email addresses) for any purpose other than to share opinions or reviews with other users or members
  • reformat or frame any portion of the web pages that are part of the Site
  • create user accounts by automated means or under false or fraudulent pretenses
  • use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
  • use the Site otherwise than in accordance with these Terms of Use
  • attempt any of the above acts or permit another person to do any of the above acts.

Rewards program

By registering as a member of the My Shopping Club, you are eligible to participate in My Shopping’s rewards program. Myshopping Rewards program is for your private personal and non-commercial use only. By making a purchase of an eligible item through the Site, you may earn rewards points. Each eligible item available for purchase through the Site will show the number of rewards points you may earn by purchasing that item. The number of points awarded for the purchase of an item may be changed at any time (including after purchase) in the absolute discretion of My Shopping. The rewards points for the item will be credited to your My Shopping Club member account through which you made the purchase within 48 hours of the transaction being processed. If reward points are credited to your account due to a human or computer error, we reserve the right to remove the transactions without notice. Rewards accrued on your My Shopping Club member account are not transferrable or assignable to any other account, person or entity.
Rewards points can be redeemed for vouchers and other special deals offered through the Site in accordance with the terms of issue.
A voucher must be used within 30 days of the date of issue of the voucher, after which time it will expire. If you are unable to use a voucher due to a technical difficulty or other unforeseen circumstance, you must contact My Shopping to assist in the resolution of the problem using the contact details at the bottom of this page. If My Shopping is unable to resolve the problem within 30 days from the date of issue of the voucher, you may return the voucher and ask My Shopping to refund the rewards points, at which time the rewards points will be credited back to your My Shopping Club member account. No voucher return will be accepted by My Shopping unless you have experienced technical difficulties using the voucher that have not been able to be resolved by first contacting My Shopping for assistance and the return request is made within 30 days of the date of issue of the voucher.
Rewards points are not redeemable for cash, and may only be redeemed on the Site or as expressly permitted by My Shopping. Rewards points that are redeemed will be deducted from your My Shopping Club member account at the time of redemption. Once a transaction to redeem rewards points has been processed, it cannot be amended or reversed. Rewards points cannot be used in conjunction with any other offer, unless expressly stated otherwise.
If your My Shopping Club member account is terminated or cancelled for any reason, all rewards points on the account at the time of termination or cancellation are automatically forfeited. You will then have no rights, claim or recourse in respect of any rewards points previously accrued to your account.
Any taxation liability or any other government charge or reporting requirement in connection with the receipt of a reward is your sole responsibility. My Shopping offers no advice to or accepts any taxation liability in relation to rewards. To the extent permitted by law, My Shopping makes no warranties or representations, either express or implied, with respect to the type, quality, standard, suitability or fitness for purpose of rewards provided under My Shopping’s rewards program.
My Shopping does not guarantee that you will receive the expected number of points for every purchase due to technical difficulties, fraud or other unforeseen circumstances that may occur. You must not, and undertake and agree that you will not, rely on the advertised rewards points in making purchase decisions. My Shopping will not be liable for any failure to award points following a purchase. If My Shopping does not provide you with the expected number of rewards points, or if you have any other concerns regarding your My Shopping Club member account rewards points balance, you may contact My Shopping to assist in the resolution of the dispute using the contact details at the bottom of this page. My Shopping will try to resolve your dispute, however you acknowledge that My Shopping will have no obligation to do so.
If the Voucher code does not work at the checkout or you are unsure how to use Voucher, you need to contact the Merchant or MyShopping BEFORE you place the order.

Our use of your information

We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws. More information about the information we collect from you and what we do with that information is set out in our privacy policy You acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason. We reserve the right to terminate, without prior notice, your access to your my Shopping Club account.

Intellectual Property Rights

Unless otherwise stated, My Shopping owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by My Shopping, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:
  • store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
  • print hard copies of material for your personal information, but not commercial use.
When you contribute postings or any content to the Site, you grant My Shopping a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails and posts to our forums), in any form, and by any current or future media or technology.
You consent to My Shopping not attributing your authorship to any of your postings to this Site.

No endorsement

The display of third party Merchant trade marks on the Site does not constitute or imply My Shopping's endorsement of or affiliation with such merchant or business (except to the extent that merchant is permitted to display content on the Site pursuant to their Merchant Agreement with My Shopping).
Inclusion of a third party link on the Site does not constitute My Shopping's endorsement of that site or the merchant, products, services or information contained or listed on that linked to site.

Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Site or the content, postings or material on or accessible through the Site (including search results, editorial content, user rating, any other content or transactions conducted through a linked site).
Except as expressly stated in these terms, My Shopping will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

Links to External Sites

Where the Site includes links to other web sites, My Shopping does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. These sites are maintained by third parties and are not under the control of My Shopping. My Shopping is not responsible for the content of any linked site or any link contained in a linked site.

No SPAM

Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.

Indemnity

By entering and using the Site and any information or services offered via the Site, you must indemnify My Shopping against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.

Warranties

My Shopping provides the Site on an "as is" basis without any express or implied warranty of any kind.
While My Shopping exercise all due care and precautions, My Shopping cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.
In compiling content for the Site, My Shopping relies on information supplied by a number of external sources and content posted by third parties, including the content of any messages or reviews. As My Shopping does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Site is free from human or automated error. You must not rely on any information presented on the Site. Reliance is solely at your own risk.
Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of My Shopping for any breach of the condition or warranty is limited to, at My Shopping's option either:
  • the resupply of the services
  • the reasonable cost of having the services resupplied.

Adult Content

Some parts of the Site may contain adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you.

Severability

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

Governing Law

This agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of New South Wales, Australia.

Information Use

We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that My Shopping is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.

Privacy

The My Shopping Privacy Policy forms part of these Terms of Use. View Privacy Policy

Contact Us

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