Terms of use

1. Introduction

Welcome to SimplyCompare! This website is operated by SimplyCompare Pty Ltd (ABN: [Insert ABN]) (the “Company”). These Terms of Use (“Terms”) govern your use of the SimplyCompare website (www.simplycompare.com.au), associated tools, and the reports provided therein (collectively, the “Website”).

By accessing or using our Website, you agree to be bound by these Terms. If you do not accept these Terms, please refrain from using the Website. SimplyCompare reserves the right to update these Terms at any time without prior notice. Please review these Terms periodically for any changes.

2. Services offered

SimplyCompare provides services to:

  • Compare builder quotes, and
  • Receive builder background check reports.

The information provided is intended to assist with your decision-making but is not a substitute for your own research, professional advice, or direct engagement with builders.

3. Use of Content and Intellectual Property

The Website, its content, and the reports provided (collectively, “Content”) are the property of SimplyCompare. All rights are reserved.

You may not:

  • Copy, reproduce, distribute, or create derivative works from the Content without prior written consent.
  • Use the Content for unlawful, fraudulent, or commercial purposes outside the intended scope of the Website.

4. Accuracy of Information

We strive to provide accurate and up-to-date information; however:

  • Background checks and comparisons are based on publicly available data or information supplied by builders.
  • SimplyCompare does not verify or guarantee the accuracy, completeness, or reliability of this information.
  • You agree that reliance on our reports or comparisons is at your own risk. We are not liable for decisions made based on our Content.

5. User Registration and Information

To access certain features, you may need to create an account. You agree to:

  • Provide accurate and complete information during registration.
  • Maintain the confidentiality of your login details.
  • Accept responsibility for all activities under your account.

6. Disclaimer and Limitation of Liability

6.1. Release of Claims

You release the Company, including its agents and employees, from all claims, demands, costs (including legal costs), and damages of any kind – whether actual or consequential, direct or indirect, known or unknown, or disclosed or undisclosed – that arise from or relate in any way to your use of the Website, including its Content and Reports.

6.2. Security and Technology Responsibility

We do not guarantee that the Website will be secure or free from bugs, viruses, or other harmful materials. You are responsible for ensuring your technology, software, and platform are configured appropriately for secure Website access. Use of adequate virus protection is your responsibility.

6.3. Accuracy and Third-Party Information

The Company does not verify or control information provided by other users on the Website. Such information may be inaccurate, harmful, or offensive. You acknowledge that content on the Website, including reports and other materials, may contain errors, inaccuracies, or omissions. We make no guarantees regarding the accuracy, reliability, completeness, or timeliness of the Website or its Content. Use of the Website and its services is at your own risk.

6.4. Privacy and Internet Transmission

Internet transmissions are not completely private or secure. Any message or information sent via the Website may be intercepted or read by others. The Company is not liable for any risks or consequences associated with such transmissions.

6.5. Independent Evaluation

We encourage you to exercise caution, conduct necessary research, and seek independent advice as needed when using the Website. The Company is not liable for delays in providing updates that occur outside the “reasonable timeframe” outlined in these Terms.

6.6. User Responsibility

You are solely responsible for the accuracy, form, and content of any material you place on the Website.

6.7. Limitation of Liability

To the extent permitted by law, we are not responsible for any damages or losses resulting from your use of, inability to use, or access to the Website, its Content (including Reports), linked websites, or materials posted on or through the Website. This includes, but is not limited to:

  • Direct, incidental, or consequential damages
  • Loss or corruption of data
  • Loss of profits, contracts, goodwill, income, revenue, or business
  • Business interruptions
  • Missed opportunities or anticipated savings

These limitations apply regardless of whether the claim is based on warranty, contract, tort, negligence, or any other legal theory, and even if we were aware of the potential for such damage or loss.

7. Refund Policy

We offer refunds only if:

  • A builder for the requested builder background check reports is not registered with their relevant state or territory authority at the time of the report’s creation.

Refund requests must:

Refunds are not provided for changes of mind or other circumstances outside these criteria.

8. Third-Party Links

The Website may include links to third-party websites or services. SimplyCompare is not responsible for the content or accuracy of third-party resources and does not endorse these.

9. Termination

SimplyCompare reserves the right to terminate your account or registration at any time, at its sole discretion, without prior notice, if you breach these Terms or engage in activities that may harm the Website or other users.

You agree to defend, indemnify, and hold harmless SimplyCompare, its officers, directors, employees, and agents from and against any claims, actions, demands, losses, costs, or expenses (including reasonable legal fees) arising from, your breach of these Terms, or your use of the Website, Content, or services.

10. Governing Law

These Terms are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals from those Courts.

11. Force Majeure

SimplyCompare is not liable for delays or failures caused by events outside its reasonable control, including but not limited to natural disasters, technical failures, or governmental actions.