Welcome! Thank you for choosing Shopping.com Australia

DoorOne and Shopping.com User Agreement

This User Agreement (or “Agreement”) is a legal agreement between you and Shopping Epinions International Limited, an Irish incorporated company with its principal place of business at Unit 6 Blanchardstown Corporate Park, Dublin 15, Ireland (“Shopping” or “us”) governing your participation on the Shopping websites at the URLs www.doorone.com.au, www.au.shopping.com and their sister sites (including Epinions.com), which are referred to collectively as the “Shopping Network”.  By using, accessing or registering as a member of the Shopping Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Shopping Network.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Shopping Network, which take effect when we post them. By continuing to access or use the Shopping Network after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

A Note About Minors

The Shopping Network is not targeted towards, nor intended for use by anyone under the age of 18. By using the Shopping Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Shopping Network. We reserve the right to terminate your membership in the event that Shopping becomes aware you are under 18.

Membership

You may become a “Member” of the Shopping Network, which may grant you additional privileges, by completing the membership application form and clicking here [insert link]. Becoming a Member allows you to post content on the Shopping Network. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on the Shopping Network. You are responsible for safeguarding the password that you use to access any secure areas of the Shopping Network. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Shopping of any unauthorized use of your password.

Content

Shopping provides a number of different services to assist you in comparison shopping for products. Shopping provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. Shopping is paid by merchants or other third parties to list products on the Shopping Network. The products listed on the Shopping Network are sold by third party merchants, and are not sold by Shopping.

Shopping does not sell, resell or license any products listed on the Shopping Network, nor is Shopping acting as an agent of any third party. To the fullest extent permitted by law, Shopping disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.

Shopping does not warrant that product descriptions, pricing, editorial commentary or any other content of the Shopping Network, regardless of its source, is accurate, complete, reliable, current or error-free. Shopping Network content is provided for informational purposes only and does not constitute an endorsement by Shopping of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Shopping assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Shopping Network.

In general, sales taxes (including GST) and shipping costs are estimates based on the geographical location of your IP address.  Please check with merchants for exact shipping costs.

Consumer reviews and ratings on the Shopping Network are from our members who have elected to post a review on the Shopping Network.  As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Participating merchants and other third parties may pay Shopping to be presented on the Shopping Network or to have their product or service offerings placed higher in our search results, and may also purchase research from Shopping, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the Shopping Network, and any other content appearing on the Shopping Network, will remain the exclusive property of Shopping and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Shopping Network, or any other content appearing on the Shopping Network. You may not copy or modify the HTML code used to generate web pages on the Shopping Network. You may not use the Shopping Network, or any other content appearing on the Shopping Network, on or in connection with any other website, for any purpose.

Content Submission

By contributing or submitting any content to the Shopping Network, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Shopping a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you or, to the extent that this is not possible, you consent to Shopping not identifying you as the author of the materials, making any changes (material or otherwise) to the materials and using the materials, whether changes have been made to it or not, in the manner contemplated in this Agreement. None of the materials shall be subject to any obligation of confidence on the part of Shopping, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Shopping reserves the right to change, condense or delete any content on the Shopping Network that Shopping deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, any Australian law, statute, ordinance or regulation and any law governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that would breach the National Privacy Principles set out in Schedule 3 of the Privacy Act 1988 (Cth) notwithstanding any exemption that may otherwise apply to you under that Act;
• that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references addresses, email addresses, contact information, phone numbers or other information capable of personally identifying an individual; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You retain all ownership rights to information, text, graphics, or other materials you publish on the Shopping Network.  However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the Shopping Network at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. You must refer or provide links to the Shopping Network if you choose to republish your content elsewhere and you must not publish the same items of content on both the Shopping Network and other product or price comparison sites.

Copyrights

1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
7. Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
8. Your signature

The notice should be mailed to:

Shopping Epinions International Ltd.
Attn:  Copyright Agent
Level 19
1 York Street
Sydney, NSW 2000
Australia

Upon receipt of notice as described above, Shopping will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Shopping Network.

Trademarks

Shopping is not in a position to arbitrate trademark disputes between the advertisers on the Shopping Network and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Shopping does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the Shopping Network, and trademark owners should contact third party sites directly to resolve trademark disputes. As a courtesy to registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your registered trademark on the Shopping Network that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote the Shopping Network on a third party website, please provide the following information in a signed letter on company stationery:

1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
7. Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
8. Your signature

Please send this written communication with the above information to the following address:

Shopping.com Australia Pty Ltd.
Attn:  Trademark Complaints
Level 19
1 York Street
Sydney, NSW 2000
Australia

Upon receipt of notice as described above, Shopping will confirm the existence of the registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Shopping Network. In the event that the challenged content has been provided to Shopping by a third party and in Shopping's sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's registration, Shopping will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Shopping will not remove the content.

Notwithstanding the foregoing, Shopping will comply as appropriate with the terms of any court order relating to the behaviour of the challenged party identified in such court order.

Termination

You can cancel your account at any time by contacting Customer Support [insert relevant URL hyperlink]. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Shopping may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, Shopping and its licensees may continue or stop publicly displaying some or all of your content.

Other Rules

You agree to comply with all laws and regulations applicable to your access and use of the Shopping Network and publishing your content. You may not harvest personally identifiable information (including email addresses) from the Shopping Network, and specifically you may not use email addresses displayed on the Shopping Network to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Shopping has no obligation to monitor your access to or use of the Shopping Network, but has the right to do so for the purpose of operating the Shopping Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Shopping Network or collect information from it.

Indemnity

By choosing to use the Shopping Network, you agree to indemnify Shopping, its officers, agents, partners, and employees from any and all claims or damage, including reasonable solicitors’ fees, made by third parties due to, or arising out of content you choose to submit, post or transmit through the Shopping Network; or of your use of or connection to the Shopping Network; your violation of the User Agreement; or, your violation of any rights of another.

Release

In the event that you have a dispute with one or more users of the Shopping Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Shopping, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and solicitors’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes.

Liability Limits

SHOPPING AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SHOPPING AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA AND FAILURE TO REALISE ANTICIPATED SAVINGS WILL BE DEEMED TO BE LOSSES OF A CONSEQUENTIAL NATURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

CERTAIN LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing Law

This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia.  All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Integration

This Agreement and our Privacy Policy [insert relevant URL hyperlink] (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHOPPING NETWORK AND ITS SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The Shopping Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Shopping Network, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Shopping liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Shopping Network. In addition, Shopping does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programmes posted by sellers, lenders or brokers.  CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

All statutory or implied conditions and warranties are excluded to the fullest extent permitted by law. To the fullest extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited, in the discretion of Shopping, to: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (ii) in the case of services, supplying the services again, or paying the cost of having the services supplied again.

Legal Compliance

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Shopping Network. Specifically, you must ensure that your activities and your content do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant Australian state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au. YOU ALONE, AND NOT SHOPPING, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS AGREEMENT AND OUR PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Shopping, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, any minimum wage laws do not apply to your relationship with the Shopping Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Shopping.