1. Introduction
    1. Thank you for visiting this website owned and operated by us, LMS Thinking Pty Ltd. We hope that you enjoy everything that we offer;
    2. By accessing this website, you agree to be bound by these Terms under the laws of the State of New South Wales and the Commonwealth of Australia;
    3. If you breach any provision of these Terms your right to access the website and any product that we produce or operate will immediately cease. However, we may also terminate your right to use our website or products for any reason that we see fit without explanation to you;
    4. We reserve the right to change these Terms at any time without notice. If we do so, we will post an announcement of the changes on this website. If you continue using the website or any of our products, you will be taken to have agreed to that change; and
    5. Our Privacy Policy and all other notices and communications which we provide through our website will form part of, and are subject to these Terms. To the extent of any inconsistency, these Terms prevail.
  1. Interpretation

In these Terms:

    1. Copyright Infringement Claim means a notice to us which includes:
      1. the identification of your copyrighted work which has allegedly been infringed on our website and services;
      2. a description of the alleged infringing Content;
      3. your name, address and contact details so that we may contact you if further investigation of your claim is required; and
      4. declarations that:
        1. you have not at any time granted us permission, either directly or pursuant to these Terms, to use your copyrighted work; and
        2. the information provided in the Copyright Infringement Claim is accurate and truthful.
    2. Corporations Act means the Corporations Act 2001 (Cth);
    3. Financial Advice has the meaning given to it in the Corporations Act;
    4. Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in our website and services;
    5. Privacy Policy means our policy of that name which governs the manner in which we collect, and what we may do with information that you provide to us. Our Privacy Policy is available at https://www.comparex.com.au/privacy-policy/.
    6. Terms means these terms and conditions between you and us;
    7. Us, We and Our means LMS Thinking Pty Ltd trading as CompareX.
  1. Privacy
    1. We are committed to protecting your privacy. Please refer to Our Privacy Policy for further details on how we collect and protect your information. By agreeing to these Terms, you also agree to our Privacy Policy;
    2. Please note that our Privacy Policy specifically sets out that:
      1. we may use “cookies” and “pixel tags” to track the websites that you visit for marketing purposes;
      2. we may contact you in direct marketing campaigns;
      3. we may pass your details to third parties; and
      4. you agree that we are not responsible for the manner in which any third party stores or uses your information, even if we passed it to that third party.
    3. by accepting these Terms and continuing to use our website, you also accept our Privacy Policy.
  1. Intellectual Property

By accessing our website you agree that:

    1. We own all right, title and interest in the Intellectual Property. You will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property; and
    2. Any use, downloading, copying, adaption, modification, communication or reproduction of any part of our website or documents connected to our services or the Intellectual Property is strictly prohibited unless necessary for and incidental to your use of our website.
  1. Copyright Infringement Claims
    1. If you genuinely believe that anything which we have done infringes your copyrighted work you must mail a signed Copyright Infringement Claim to Level 13 333 George St Sydney NSW 2000.
    2. We have a formal procedure for investigating and dealing with Copyright Infringement Claims. We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that our determination of any Copyright Infringement Claim is final and no correspondence will be entered into. Moreover, to the extent permitted by law, you forfeit any right to challenge our determination.
  1. Modifying and terminating website and products
    1. We reserve the right to modify, update or terminate any and all parts of our website, or your ability to use our website at any time and at our absolute discretion, without notice or liability to you.
    2. We reserve the right to delete any content posted on our website without notice or liability to you;
    3. Any change or modification to these Terms is effective immediately upon them being posted on the website;
    4. You will not use our website for any purpose other than to view our products and information about us, and to communicate with us.
  2. No Financial Advice

We do not provide financial, investment or other advice. Nothing on the website constitutes financial, investment or other advice by us in relation to any product, good or service. You acknowledge that nothing on the website or in nay product that we offer should be considered Financial Advice, and that any advice of a financial nature may not be relied upon. You agree to release us from any liability in relation to any such advice.

  1. Hyperlinks
    1. We have no control over and are not responsible for the content of any third-party:
      1. site for which a hyperlink is provided or displayed on our website, including but not limited to affiliate retailers whose products we compare, and social media sites such as “facebook”; or
      2. advertisements displayed on our website.
    2. We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on thirdparty websites described in subclause (a);
    3. If hyperlinks are provided they are for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink is not an endorsement, approval or recommendation of the linked website or its content; and
    4. We are not responsible for the content or privacy practices associated with third-party websites and before accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
  1. Disclaimer
    1. Except to the extent required by law, we make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of anything on our website or any of our products;
    2. Except to the extent prohibited by law, we disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon our website or our products; and
    3. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our website or products. For the avoidance of doubt we do not accept responsibility for any interference or damage to your electronic device which may arise in connection with your use of the website.
  1. Liability

To the fullest extent permitted by law:

    1. All conditions and warranties concerning our website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
    2. Except where the law requires otherwise, in no event will we, our officers, employees, or agents be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use our website or products whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
    3. We are not liable to you or to any third party for any personal injury, including death, caused by or connected to access to, use or misuse of our website or products; and
    4. To the extent permitted by law, remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
  1. General
    1. To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty;
    2. Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach;
    3. We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and
      communications outages, fire, flood, war, explosion, accident or act of God; and
    4. These Terms are governed by and construed in accordance with the law of the State of New South Wales, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.