Myshopping.com.au Website Terms of Use

May 29th, 2007

www.MyShopping.com.au (the Site) is a comparison 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 iVirtual Pty Ltd (My Shopping) (ACN 110 516 900).

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

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.

If you register as a member of the My Shopping Club, you are required to create a user account with My Shopping. The registration process requires that you select a password and display name, which shall consist of an email address you own and use (User ID). You acknowledge and agree that your User ID is accurate and complete. My Shopping reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID. You must immediately notify My Shopping of any unauthorised use of your User ID or password, and ensure that you exit from your account at the end of each session

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.

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; or

attempt any of the above acts or permit another person to do any of the above acts.

When using the Site you must not post content or use our forums for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting your obligations, you agree that it is an express condition of your use of the Site that you will not:

post irrelevant, untruthful or misleading or deceptive content;

violate the legal rights of others;

impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;

defame, threaten, harass, stalk or flame any other user;

publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person's intellectual property rights or is defamatory, misleading, deceptive, intentionally inaccurate, obscene, indecent, pornographic or otherwise objectionable;

publish, post, distribute or disseminate any material or information relating to the products or services of a competitor to your business (or a competitor of the business you are engaged or employed by);

upload or attach files that contain material protected by intellectual property laws unless you own or have all required licenses or consents to use such material;

upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;

advertise, solicit business, offer to sell any goods or services (except to the extent you are permitted to do so pursuant to a current Merchant Agreement between you and My Shopping);

post or send any SPAM, junk mail, chain letters or pyramid schemes;

conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);

recruit other users to join another web site forum, whether personal or otherwise; or

post the same message or material more than once in the same forum.

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.

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.

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.

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.

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.

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.

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.

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; or

the reasonable cost of having the services resupplied.

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.

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.

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.

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

You can contact us here