Our Legal T&Cs
Both are designed to be easy to read documents which explain the terms under which you agree to use our website and any Products and Services which we offer, and the policy and procedures we will follow to protect your important personal information.
We apologise for the length of each document, which is necessary to ensure everything is clearly spelt out. Please take the time to read as these terms are important. Feel free to submit any comments or questions to us by electronic mail to firstname.lastname@example.org or via mail to Next Commerce at: Suite 1, Level 1, 507 Kent Street, Sydney, NSW, Australia 2000
Terms and Conditions of Use
1.1 Thank you for using the website www.nextcommerce.com.au (Site), and the products and services offered by us through the Site and related sites (Products and Services). Related Sites comprise [www.getprice.com.au, www.trova.com.au, www.getscoutapp.com, www.hynt.comm www.pricepanda.com, www.pricepanda.com.sg, www.pricepanda.com.my, www.pricepanda.co.id, www.pricepanda.com.ph, www.pricepanda.co.th, www.pricepanda.com.au, www.pricepanda.co.in, www.pricepanda.com.mx, www.pricepanda.com.ar, www.pricepanda.com.co] (Related Sites). The Site is owned, operated and maintained by Next Commerce Pty Ltd of Suite 1, Level 1, 507 Kent Street, Sydney, NSW 2000 (Next Commerce or we or us).
1.2 For the avoidance of doubt, our Products and Services comprise products and services we offer through the Site. Our Products and Services do not include retail products and services listed or advertised on our Site or Related Sites or offered by merchants through our Site or Related Sites, which are offered direct from the merchants and subject to terms and conditions applied by merchants.
1.3 By using the Products and Services and accessing the Site you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully as they include important information and set out what we agree to be responsible for and what we require of you. If you do not agree to all of these Terms and Conditions, please do not use the Site or our Products and Services.
1.4 These Terms and Conditions may be modified from time to time and you should regularly review them. It is your responsibility to check the Site for updates to these Terms and Conditions. Any updates will apply from the date that the updated Terms and Conditions were placed on the Site. If you continue to use the Site you will be deemed to have accepted any update to the Terms and Conditions and if you do not agree to any update, you must immediately notify us.
1.5 Your continued use of the Site and our Products and Services constitutes your agreement to these Terms and Conditions and any modifications to them.
1.6 These Terms and Conditions apply whether you access the Site or our Products and Services through a website or application of ours or through a website or application owned or controlled by a related party or a third party.
2 Use and Eligibility
2.1 The Site and our Products and Services are only intended for individuals who can form legally binding contracts. By using the Site, Products and/or Services you are representing and warranting that you are over 18 years of age and able to enter into contracts.
2.2 You must use the Site and our Products and Services in accordance with any policies we apply from time to time and in accordance with all laws and regulations. You must not misuse the Site, Products or Services. In particular, you must not use the Site or our Products and Services to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the the Privacy Act 1988 (Cth); or
(f) collect or store data about other users or merchants, including e-mail addresses or to access, monitor or copy any content or information using any robot, spider, scraper or other automated means.
2.3 Your use of the Site and of our Products and Services does not give you ownership of any intellectual property rights in our Site, Products or Services or the content you access. You may not use content from our Site, Products or Services unless you obtain permission or as otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our Site or in our Products or Services.
2.4 Our Site, Products and Services display some content that is not ours. That content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so you should not assume that we do.
2.5 We reserve the right to deny you access to, or use of, all or part of the Site or any of our Products or Services, without prior notice, if you engage in any conduct that we believe, in our sole discretion, violates these Terms and Conditions or our rights or the rights of third parties.
3 Links and Advertising
3.1 Our Related Sites and our Products and Services provide a number of services to allow persons to compare and shop for desired retail products and services offered by third parties and may also contain advertisements for retail prodcuts and/or services of third parties.
3.2 No retail products or services are directly sold by us to consumers through the Related Sites or through our Products or Services. We are not acting as an agent for any party, merchant or supplier and do not sell, re-sell or licence any retail products or services listed. Neither Next Commerce nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the retail products or services that may be advertised, described or linked from the Related Sites, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If persons choose to order a retail product or service advertised by a third party on the Related Sites, they do so at their own risk and subject to the terms of sale applied by the third party.
3.3 Neither Next Commerce nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Related Sites or through the Products or Services. You acknowledge that you enter any third party sites at your own risk and that we are not responsible for third party sites and conduct.
4 Software made available to you
4.1 Any software made available to you through the Site or Related Sites or through our Products and Services is the copyrighted work of us or our suppliers and partners. Your use of the software is governed by the terms of the end user licence agreement (if any) which accompanies or is included with the software. For any software made available that is not accompanied by licence terms, we grant to you a limited, personal, non-transferable licence to use the software for viewing and otherwise using the Site, Related Sites, our Products and Services and for no other purpose.
5.1 Our privacy policies explain how we treat your personal data and protect your privacy when you use our Site, Related Sites, Products and Services. By using our Site, Related Sites, Products and Services, you agree that we can use such data in accordance with our privacy policies.
6.1 You agree to indemnify, defend, and hold harmless Next Commerce, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site, any Related Sites or any of our Product or Service or from your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
7 Disclaimer of Warranties and Limitation of Liability
7.1 We provide the Site, Related Sites and our Products and Services using reasonable commercial judgement. But there are certain things that we cannot promise about our Site, Related Sites, Products or Services.
7.2 Subject only to clause 7.3 below:
7.2.1 this Site, Related Sites and our Products and Services are provided by Next Commerce on an “as is” basis without any express or implied warranty of any kind;
7.2.2 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site or Related Site may be intercepted, used or modified by third parties;
7.2.3 Next Commerce does not warrant that access to or use of this Site, Related Sites, our Products or Services will be uninterrupted or error free or free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
7.2.4 Next Commerce does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or fitness for purpose of: our Products or Services; any material on or accessible through the Site or Related Sites; or the Content, software, text, graphics, links, or communications provided on or through the use of the Site, Related Sites or our Products or Services;
7.2.5 Next Commerce may change any of the material on the Site and Related Sites at any time without notice;
7.2.6 Next Commerce makes no commitment to update any material on the Site or Related Sites;
7.2.7 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site and Related Sites;
7.2.8 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site, Related Sites and our Products or Services or the material on or accessible through the Site, Related Sites or through our Products or Services; and
7.2.9 in no event shall Next Commerce be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
(a) access to, or use of, or delay or inability to use this Site our Products or Services , or any information contained in this Site or Related Sites; or
(b) the availability or accuracy of third party websites.
7.3 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of Next Commerce, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of us, to:
7.3.1 in the case of services, the supply of the services again, or the payment of having the services resupplied; and
7.3.2 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
7.4 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
8.1 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without Next Commerce’s prior written consent. You agree that Next Commerce may automatically assign this agreement to a third party.
9 Governing law
9.1 The Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
10 Entire Agreement
10.1 These Terms and Conditions constitute the entire agreement between you and us with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
11.1 Next Commerce shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Next Commerce, including any form of technological failure or the actions of third parties.
11.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
11.3 The failure by Next Commerce to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Next Commerce in respect of any existing or subsequent breach of these Terms and Conditions.
Thank you for your cooperation. We hope you find the Site, our Related Sites and our Products and Services helpful for locating the right products! Questions or comments regarding this website should be directed by electronic mail to email@example.com or via mail to Next Commerce at: Suite 1, Level 1, 507 Kent Street, Sydney, NSW, Australia 2000.