Terms and Conditions

Version 1.0 — Jan 24, 2024

These Terms and Conditions govern your use of our Services, provided by PRICE THIS HOLDINGS PTY LTD ABN 48 629 307 697, doing business as PriceThis (PriceThis, us, we, our).

PriceThis is crafted to transform your online shopping experience by offering immediate price comparison results, including availability and historical pricing data, from over 35,000 Australian retailers and in excess of 1 million products.

Our Browser Extension is complimentary and can be downloaded for use from the PriceThis Website and through the PriceThis App once installed from the Apple Store and/or Chrome Store, in accordance with these Terms and Conditions.

It is crucial that you READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE ACCESSING OR UTILIZING OUR BROWSER EXTENSION, THE PRICETHIS WEBSITE, THE PRICETHIS APP, OR BEFORE ENGAGING WITH OUR SERVICES. YOUR USAGE OF OUR SERVICES IMPLIES YOUR RECOGNITION AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

All capitalized terms are defined at the conclusion of this document.

Should you have any inquiries or feedback after reviewing these Terms and Conditions, we encourage you to explore our detailed FAQ section on the PriceThis Website here, or feel free to reach out to us at info@pricethis.com.

Acceptance and Acknowledgement

When you sign up for an Account (where available), install the Browser Extension on your Device, agree to these Terms and Conditions via an available option, or use our Services in any other manner, you acknowledge and consent to be bound by and comply with these Terms and Conditions. Should you disagree with these Terms and Conditions, you are obliged not to engage with our Services, to refrain from registering for an Account (or delete it if already registered), and to immediately cease using our Services and uninstall our Browser Extension from your Device.

Our Browser Extension and/or Services are not designed for individuals under the legal age of majority. By utilizing our Services and/or registering for an Account, you declare to PriceThis that you are at least 18 years old, residing in Australia, and possess the legal capacity to enter into binding agreements. If you are below 18 years of age, you may only use the Services with approval from a parent or legal guardian. In doing so, you assure us that your parent or guardian has consented to the creation of your Account and agreed to these Terms and Conditions on your behalf.

You agree to use our Services solely for personal, non-commercial purposes and accept responsibility for informing anyone who accesses or uses our Services via your Device(s) about these Terms and Conditions, including their compliance obligations. Additionally, you acknowledge and agree that you are solely responsible for your use of our Services, your Device, and your Internet access.

For future reference, we advise you to either print these Terms and Conditions or save them on your Device.

Accounts

An Account is not mandatory to use the Services, but without one, you might not experience the complete range of functionalities the Services offer.

You can sign up for an Account (where available) via the Services by clicking on the 'Set up an Account' link on the PriceThis Browser Extension or Website and following the outlined procedures. Opening an Account with PriceThis requires you to supply certain Personal Information, including your full name, date of birth, and email address. We need this information to register you as a user of PriceThis and to verify that you are of legal age. Should you choose to share your mobile phone number with us, we may occasionally send you transactional SMS updates. You always have the option to opt out of these SMS updates or messages at any time. Please note that while PriceThis does not impose charges for sending or receiving text messages, standard message and data rates from your mobile carrier may still apply. For clarity on these rates, please consult your mobile carrier.

For more details on how we manage and utilize your Personal Information, you can review our Privacy Policy.

When registering for an Account, it must be in your name, and you must avoid using another person’s Personal Information or providing false details to create an Account.

The security of your Password is crucial, as it grants access to your Account and all Personal Information and other data stored within your Account. You are obligated to keep your Password confidential and secure it against unauthorized access or use.

You bear responsibility for all activities conducted through your Account, whether authorized by you or not.

In the event of any unauthorized access to or use of your Account, you must notify us immediately and take prompt action to re-secure your Account following such incidents.

License

By granting you access to the Services, PriceThis provides you with a non-exclusive, royalty-free, non-transferable, and non-sub-licensable license to access and use the Browser Extension solely for the purpose of benefiting from the Services. You acknowledge and agree that PriceThis may introduce additional terms or restrictions to this license periodically. We will inform you in advance of any significant terms or limitations that might affect your use of the Services, and you always retain the right to discontinue using our Services at any point if you disagree with the new license terms or restrictions.

Functionality

PriceThis operates as a price comparison service and does not offer any products through the Services.

Our Services serve as a platform enabling you and other users to gather information from external sources, including Merchants, assisting you in making informed decisions about product purchases. Should you opt to buy a product via a link on the PriceThis Browser Extension or Website, you'll be directed to the website of the Merchant (or their representative) to complete your transaction and make the payment.

When you access and/or make purchases on a Merchant's website, YOU RECOGNIZE AND ACCEPT that you are buying products directly from these Merchants and not from PriceThis. Furthermore, you agree that the specific Merchant's terms and conditions, as well as their eligibility criteria, will apply to any purchases of products that you complete with that Merchant.

YOU ALSO ACKNOWLEDGE AND CONSENT that, within the limits of the law, PriceThis:

  • does not act as a reseller, distributor, agent, or employee for any Merchant;
  • is not accountable for the quality, quantity, or merchantability of any products offered by any Merchant;
  • relies on Third Party Websites for generating and showing product and price information, which is subject to variation, and thus cannot assure the precision of price or stock details, or the availability of the specific product you intend to purchase;
  • is not liable for any unintentional typographical or technical mistakes, inaccuracies, or omissions regarding pricing or product availability;
  • is not responsible for any advertising, additional information, or content from Merchants that you might access through the Services; and
  • displays prices on the PriceThis Website and Browser Extension that are accurate as of the publication date on the relevant Third Party Website, but be aware that all displayed prices may NOT:
    • include shipping, postage, or other related delivery fees;
    • consider any conditional discounts that might be available, such as VIP, loyalty, or other membership schemes for individuals; and
    • to the fullest extent allowed by applicable laws, disclaims any responsibility and liability for any inaccuracies or incompleteness in the prices shown on the Browser Extension or PriceThis Website.

By utilizing PriceThis Services, you have the ability to:

  • Explore special promotions and deals provided by Merchants;
  • Investigate the pricing history and current prices of products, as well as access detailed product information; and
  • Verify the stock availability of various products.

All data regarding the products or services available through the Services are provided by the respective Merchant. You acknowledge and agree, to the fullest extent allowed by applicable laws, that:

  • While PriceThis endeavors to ensure that the content on the PriceThis Website and Browser Extension (including information from Merchants and other third parties) is accurate and current, PriceThis does not guarantee the accuracy, sufficiency, or completeness of this content and advises against solely relying on it, as it may sometimes be incomplete, outdated, or incorrect;
  • PriceThis does not promise that the Services will always identify the best available match or price for a product or service, and is not liable for any potential savings or opportunities you might miss if a better product match or price becomes available elsewhere;
  • The prices, discounts, and promotions you see while using the Services are subject to change without prior notice;
  • The PriceThis Website, along with any product or service offered on it, and the Services themselves, may be altered or discontinued at any given time without prior notice;
  • PriceThis does not impose any fees for your usage of the Services.
Providing information to PriceThis

You agree to submit up-to-date, complete, and accurate information for your Account and for any interactions with the functionalities of the Services. You also agree to promptly update your Personal Information, including your contact details, should they change, enabling us to effectively maintain and manage the delivery of Services to you.

PriceThis may (but is not required to) retain any records or backups of the information you provide, or that you may save (in your Account or otherwise) on the Services, and/or that we may grant you access to through the Services. Nonetheless, it's important for you to maintain a separate backup copy of the information you submit to us if you need to access it in a different format or beyond our standard retention period. Details on how long we retain your Personal Information can be found in our Privacy Policy.

Devices

Not every Device is equipped to access and utilize the Services. It is your responsibility to ensure that you use, have, or acquire a Device that is compatible with the Services for any access and use.

You acknowledge and agree that PriceThis is not liable for:

  • any Device's inability to access the Services; or
  • any damage or loss to a Device resulting from your access to, use of, or attempted access to or use of the Services.
Payments

All transactions for products or services you buy on the Merchant's website are directly handled and processed by the respective Merchant.

Analytics, cookies and web beacons

We may monitor your activity on the PriceThis Website, review your use of the Services, and observe your usage patterns on the Browser Extension and PriceThis Website. These activities are always conducted using aggregated and/or anonymized information, not your identifiable Personal Information. PriceThis might utilize analytics or engage third-party data analytics service providers for these purposes, which we do exclusively to enhance and develop the Services we offer to you and to provide you with relevant information. If you prefer that we do not access, collect, or use your aggregated or anonymized information for these purposes, you have the option to close your Account. Without an Account, you can also disable the PriceThis Browser Extension on your Device(s). Additionally, for fraud prevention and legal reasons, we may need to track your online activities, which could involve the use of 'cookies' and 'web beacons'. More information on how we use cookies and other tracking technologies on the Browser Extension and the PriceThis Website can be found in our Privacy Policy.

Third Party Websites

To enhance your experience, PriceThis may feature links to Third Party Websites within the Services. For instance, Merchants might incorporate hyperlinks to their own Third Party Websites or related content. Should you decide to visit these Third Party Websites or view their content, it is done at your own discretion. We do not have control over the content present on these Third Party Websites or within their content, and they are not considered a part of the Services we provide. PriceThis is not liable or responsible for any loss or harm you might encounter from accessing or attempting to access any Third Party (including Merchant) Websites or their content.

Acceptable Use

You agree that you will not, nor will you allow anyone else to:

  • Record your Account password on your Device or any item commonly carried with your Device that could be lost or stolen alongside it;
  • Let another person use your Account;
  • Reveal the password for your Account or make your Account accessible to anyone else (including family members);
  • Use the Services in a way that could disrupt the Services or other users' access and usage;
  • Try to circumvent or overcome any restrictions on the Services, including actions that place an unreasonable or disproportionately large burden on the Services or any connected network or website;
  • Employ the Services to send or post defamatory, harassing, indecent, offensive, abusive, threatening, inappropriate, or illegal messages, whether by the content or the frequency of communication;
  • Do (or fail to do) anything that might compromise the security of the Services or access to them;
  • Send, distribute, or transmit any 'spam material' or other forms of mass communication;
  • Resell, sublicense, redistribute, operate a bureau service with, share, or make your Account or the Services available to a third party;
  • Upload to the Services, or transmit or distribute any code, files, or programs intended to interrupt, limit, or destroy the functionality of any computer software or hardware, or any Trojan, worm, or logic bomb;
  • Alter or interfere with any copyright, trademark, or other proprietary notices of ours or any other entity on the Services;
  • Commit or incite a criminal offense using the Services;
  • Use any method or process (including data scraping, collection or accumulation tools, robots, spiders, or scripted responses) for acquiring, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, analyzing, modifying, or repackaging the Services or content on the PriceThis Website, or consolidate or combine the Services or PriceThis Website content with any other content, data, information, images, or materials;
  • Copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to determine the source code, modify, or otherwise deal with the Services, any underlying computer code of the Services, or any content on the Services or any part thereof.

Despite the foregoing, your Device may temporarily hold copies of our Services' content in RAM as part of your usage of the Services. You're permitted to store files that are automatically cached by your browser to enhance display, to print or download one copy of a reasonable number of pages from PriceThis results for your own personal, non-commercial use, and if we offer downloadable applications, you may download a single copy to your Device strictly for your personal, non-commercial use.

Except as explicitly stated in these Terms and Conditions, or as allowed by law, all other forms of use, copying, reproduction, distribution, modification, adaptation, transmission, republication, display, or performance of all or part of the PriceThis Website and Services are forbidden. Nothing in these Terms and Conditions should be construed as a transfer of any intellectual property rights of any sort.

You are obligated to:

  • Take sensible steps to safeguard against unauthorized access to or viewing of your password or Account details, especially when entering them into your Device; and
  • Abide by all applicable laws concerning your access to and use of the PriceThis Website and the Services.
Availability, support and updates

You recognize that the Services may be hosted, managed, and supported by PriceThis or by a third-party cloud-based provider selected by us.

While PriceThis will make every reasonable effort to ensure the Services are available 24 hours a day, 7 days a week, there may be occasions when the Services are unavailable or inaccessible due to scheduled updates or factors outside of our control, including:

  • Failures or shortcomings by any of PriceThis's third-party service providers;
  • Unusually high usage volumes; or
  • Violation of these Terms and Conditions by, or carelessness or harmful actions by you or someone else.

In such instances, we will exert reasonable efforts to address or lessen the impact of these circumstances and to restore the full functionality of the Services as swiftly as practicable.

PriceThis will undertake reasonable efforts to ensure that the Services are protected by security measures in line with industry standards and to safeguard your Personal Information from any unauthorized loss, access, or disclosure. However, you must recognize that the Internet is not entirely secure and PriceThis cannot assure that the Services will be completely secure, error-free, uninterrupted, or timely, or that the Services (or their associated servers) will be free from viruses, bugs, or other harmful or disruptive applications or interferences.

As a result, you acknowledge that:

  • You transmit information to us through the Services at your own risk; and
  • You are accountable for implementing adequate procedures and virus checks to meet your own requirements and protect your own Device.

We may update the Services at any time. You understand and agree that the Services might be temporarily unavailable while we implement such Updates. We will endeavor to ensure that any Updates do not negatively affect your use of the Services in any significant way.

Notifications

We may send you electronic notifications via email, push notifications, or other digital methods. Certain electronic notifications, such as those related to security, including updates to your login details or password, are obligatory.

You have control over other types of notifications, which can be adjusted through the Services. These can be personalized, turned off, or reactivated by you.

Electronic notifications will be delivered to the email address you've designated as your primary email for the Services. It's crucial to maintain an up-to-date email address linked to your Account.

Since these notifications are not encrypted, we will not include your password in them. However, the notifications might contain your Account login name and some information about your accounts. As such, anyone with access to your email could see the content of these notifications. Even if you opt out of certain voluntary notifications, we will continue to send you essential notices related to the Services as necessary to enable us to provide you with the Services.

Privacy

PriceThis highly values your privacy. When utilizing the PriceThis Website and Services, we might request or you might volunteer Personal Information. The methods in which we gather, utilize, and disclose your Personal Information are detailed in our Privacy Policy.

Our Privacy Policy outlines our dedication to safeguarding your Personal Information. By submitting your Personal Information to PriceThis via the Services, and by using the PriceThis Website and Services, you consent to PriceThis:

  • Collecting, using, and processing your Personal Information in line with our Privacy Policy and these Terms and Conditions; and
  • Utilizing your Personal Information to electronically send you communications related to fulfilling our obligations under these Terms and Conditions. You have the option to opt out of receiving these communications at any time by clicking the "unsubscribe" link found at the bottom of each email or notice sent by PriceThis.

You agree that all contracts, notifications, disclosures, and other forms of communication that we deliver to you electronically meet any legal requirement for such communications to be in writing. To be clear, this section adheres to PriceThis's obligations regarding email communications in Australia.

PriceThis will not send you direct marketing materials through electronic communications unless you have granted us permission. You always have the right to opt out of electronic marketing. If we send you an electronic message containing marketing, we will include an option for you to opt out of receiving further messages of that type, which can be done by clicking the "unsubscribe" link at the bottom of each communication.

Should you become aware of or suspect any misuse, loss, unauthorized access to, or disclosure of your Personal Information in relation to the Services, it is imperative that you inform us immediately.

Ownership

PriceThis holds ownership of all the elements we have created and developed in the provision of the Services, including the design, compilation, and overall appearance of our Services. We also own or have the license for all Intellectual Property Rights in the Services, encompassing any Updates.

You maintain any Intellectual Property Rights in your content and information that you submit to PriceThis through the Services.

You grant us a non-exclusive, royalty-free, transferable, global license to utilize, and permit our staff and service providers to use, your Intellectual Property Rights for fulfilling our duties under these Terms and Conditions, and for further enhancement of the Services. You assure that PriceThis's use of your Intellectual Property Rights will not violate any third party's rights (including Intellectual Property Rights).

Warranties

WITHIN THE BOUNDS ALLOWED BY APPLICABLE LAWS AND WITHOUT AFFECTING YOUR RIGHTS THAT CANNOT BE EXCLUDED, THE SERVICES, INCLUDING ALL CONTENT ON THE PRICETHIS WEBSITE AND/OR BROWSER EXTENSION, ARE OFFERED 'AS IS' AND 'AS AVAILABLE,' WITHOUT ANY FORM OF WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED.

To the fullest extent allowed by applicable laws, PriceThis does not provide any warranties and holds no liability to any party (including you) regarding:

  • The accuracy, completeness, or reliability of information accessible via the Services as provided by Merchants;
  • Any Third Party Websites;
  • The sale or purchase of any products or services offered by any Merchant; or
  • Services to the extent they are not provided by PriceThis.
Liability

Despite any provision that might be interpreted otherwise, nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.

To the greatest extent allowed by applicable laws, if any Non-Excludable Right is applicable and PriceThis can limit its liability, then you acknowledge and agree that our liability to you for any Loss resulting from your use of the Services will be limited to:

  • For products or goods: (i) either the replacement or repair of the products or goods, or supplying equivalent products or goods again; or (ii) covering the cost of replacing or repairing the products or goods, or acquiring equivalent products or goods; and
  • For services, as applicable: (i) resupplying the services; or (ii) paying the cost of having the services supplied again.

Furthermore, you agree that to the maximum extent permitted by applicable laws, we are not liable to you for any Consequential Loss arising from, or in connection with, your access to or use of the Services.

Termination

Provided we give you advance written notification, we reserve the right to restrict, suspend, or terminate your access and usage of the Services if you violate these Terms and Conditions. Additionally, we may need to suspend or limit access to the Services occasionally to carry out Updates to the Browser Extension, Website, or our Services. In such cases, we will endeavor to inform you about these Updates beforehand, when it is practical to do so.

You have the option to discontinue using the Services at any time without notifying us, by simply deleting your Account, ceasing your use of our Services immediately, and/or uninstalling the Browser Extension from your Device.

Entire Agreement

If any part of these Terms and Conditions is deemed unlawful, void, or unenforceable under applicable law, such unenforceable section shall be considered separate from these Terms and Conditions, but this will not impact the validity and enforceability of the remaining provisions.

Should we neglect or delay in exercising or enforcing any right or provision of these Terms and Conditions, it should not be construed as a waiver of that or any other right or provision.

These Terms and Conditions represent the entire agreement and understanding between you and us, and they regulate your access to and use of the Browser Extension, PriceThis Website, and the Services. Furthermore, these Terms and Conditions replace any previous or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including earlier versions of these Terms and Conditions).

Governing law

These Terms and Conditions (encompassing any non-contractual disputes) are subject to and shall be interpreted following the laws of the State of Victoria, Australia. Any legal proceedings related to this document, concerning any party or its property, may be initiated in any court that holds the appropriate jurisdiction within the State of Victoria.

Changes to these Terms and Conditions

We reserve the right to modify, amend, or update portions of these Terms and Conditions occasionally, and we will publish all updates on the PriceThis Website. If there are any substantial changes to the Terms and Conditions, we will make a reasonable effort to inform you, either through your Account (if established), via email, or your chosen method of communication.

It's advisable to regularly review the PriceThis Website and Browser Extension for any changes. Your ongoing use of the Services following any modifications to these Terms and Conditions will be considered as your acceptance of those changes.

Definitions

In these Terms and Conditions:

  • ACL refers to the Australian Consumer Law outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth) along with other comparable consumer protection laws and regulations.
  • Account denotes your personal account created for utilizing the Services, which includes your Personal Information.
  • Browser Extension indicates the PriceThis Website browser extension, designed for use over a communication network to assist you in comparing prices across PriceThis-approved Merchant e-commerce websites.
  • Consequential Loss encompasses any special, incidental, punitive, exemplary, indirect, or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunities, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs related to recovering or reconstructing any lost or corrupted data).
  • Device refers to a computer, tablet, and/or mobile phone on which the Browser Extension has been installed, or which has been used to access the PriceThis Website.
  • Intellectual Property Rights entail all intellectual property rights, including both current and future registered and unregistered rights, related to copyright (including moral rights to be acknowledged as the author of content posted on the PriceThis Website), designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, domain names, patents, inventions, and discoveries, and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, along with any right to apply for the grant or registration of the same.
  • Loss refers to any kind of damage, loss, cost, expense, or liability, regardless of how it arises, whether direct or indirect, current or future, fixed or unascertained, actual or contingent, and includes all reasonable legal fees and expenses.
  • Merchant refers to a PriceThis approved third-party entity that offers products for purchase via a Third Party Website with e-commerce functionality.
  • Non-Excludable Rights are specific rights, consumer guarantees, warranties, and remedies concerning the Services that are implied by the ACL and cannot be excluded, restricted, qualified, or modified by PriceThis.
  • Personal Information is as defined in the Privacy Act.
  • Privacy Act encompasses the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and all conduct codes, statutory codes, and regulatory guidelines relevant to the protection and handling of Personal Information in Australia, subject to amendment, update, or replacement.
  • Services include the Browser Extension, the PriceThis Website, and other products or services that PriceThis may offer from time to time, excluding all Merchant and other third-party goods or services, inclusive of Intellectual Property Rights in any third-party goods, services, or other materials shown on the PriceThis Website, Browser Extension, and/or in the provision of the Services.
  • Third Party Websites are websites operated by a Merchant or any other third party.
  • Update refers to any update, maintenance, feature or functionality addition or removal, redesign, enhancements, new versions, or alterations to the Services.
  • PriceThis App is an application designed for use over a communication network to assist you in comparing prices across PriceThis-approved Merchant e-commerce websites.
  • PriceThis Website is pricethis.com.