1. Introduction
The Skimp Pty Ltd (Website) you are about to access is operated by Skimp Pty Ltd, (ACN 139 915 281) (trading as Skimp) (Skimp, We, Us, Our). Your access to the Website and the data and information available on this Website (Content) is conditional upon Your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Skimp reserves the right to amend the Terms of Use at any time. Each user (You) agrees to these Terms of Use by accessing the Website.
2. Your obligations
You must use the Website in a responsible manner. You must not:
(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
(b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
(c) use the Website to send unsolicited email messages;
(d) in any way tamper with, hinder or modify the Website;
(e) knowingly transmit any viruses or other disabling features to the Website or via the Website;
(f) attempt any of the above acts or facilitate or assist another person to do any of the above acts; and
(g) use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of Skimp (or an associated entity), another user of the Website, or any other third party.
3. Copyright and trade mark notice
You may view the Website and its contents using Your web browser. In visiting the Website, You are able to save an electronic copy of the Website by means of the usual operation of Your Web browser only. The Website does not grant You a licence nor act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Skimp in these Terms of Use.
4. Links to or from other Websites
Certain pages of the Website may contain links to external websites. Such links are for the convenience of users only. Skimp accepts no responsibility for or liability in respect of the content of those websites. Skimp should not be taken as having reviewed or approved such websites or their contents, nor does Skimp warrant that any links to such websites work or are up to date. Skimp can not guarantee that an external website is free of viruses and therefore accepts no responsibility for any virus which may be obtained as a result of visiting those websites.
The use of any such links to external websites is entirely at the user's own risk.
5. Information does not represent professional advice
You acknowledge and agree that information published by Skimp is intended to provide general information only which may or may not be applicable to Your particular circumstances. You agree to access the information at Your own risk and Skimp is not liable to You for the content of the information or any reliance by You on that information.
In no event will Skimp be liable to You or anyone else for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Website.
6. Indemnity
By using the Website, You agree to irrevocably indemnify Skimp from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to Your use of the Website or any action(s) You have taken, done or pursued in reliance upon, as a result of or in any way connected with the information You have accessed or been provided with through Your use of the Website.
7. Disclaimer
Legislation such as the Australian Trade Practices Act 1974 (Cth) and/or other similar consumer protection laws and regulations in other states or territories may give You rights and remedies relating to the provision of services to You by Skimp via the Website which cannot be excluded, restricted or modified (Your Statutory Rights). Skimp excludes all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.
Except for Your Statutory Rights, in respect of the Website:
(a) all material on the Website is provided to You without warranties of any kind, either express or implied;
(b) Skimp expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
To the extent permitted by law, including but not limited to any act or omission on the part of Skimp, Skimp will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by You or claims made against You which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that Skimp does not exert control over users of the Internet and is not liable for damage suffered by You, either directly or indirectly, because of You accessing the Website.
The information contained on the Website is provided in good faith however, Skimp gives no representation or warranty in respect of all information You may access by Your use of the Website and all such representations and warranties regarding any information available through the use of the Website, whether express or implied, are excluded.
No liability is accepted by Skimp for any loss or damage which may arise out of any person relying on or using any information on the Website. Skimp shall not be liable to any person relying on or using any such information for:
(a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; legal and other professional fees and expenses; or
(b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of the Website. However, nothing in the above shall limit or exclude Skimp's liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
You agree fully to indemnify Skimp and keep Skimp fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by You of the Website.
8. No warranty
We take all reasonable care in compiling the Content. However, the Content is provided 'as is' and We do not warrant or represent that it is complete, current or free from errors or omissions.
We provide Our services with reasonable care and skill and endeavour to ensure availability of Our services and access to this Website. However, the availability of Our services and access to this Website may be interfered with by numerous factors, including those outside Our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, We do not warrant or represent that Our services and/or Your access to this Website or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.
If You become aware of any inaccuracies or omissions in the information on this Website We would be grateful if You could bring this to Our attention by contacting us.
9. Responsibility for Your password and log-in details
To become a registered user of the Website, You must provide a password and a log-in name. You are entirely responsible if You do not maintain the confidentiality of Your password and log-in name. Furthermore, You are entirely responsible for any and all activities that occur under Your log-in name. You may also change Your log-in by contacting Skimp.
10. No responsibility for the security of Your information
Skimp takes all due care in ensuring the privacy and integrity of the information You provide via the Website. However, the possibility exists that Your information could be unlawfully observed by a third party while in transit over the Internet, or while stored on Skimp's systems (including servers) or on the Website. Skimp disclaims all liability to You to the greatest extent possible pursuant to law should security or integrity of Your information be jeopardised.
11. Use of intellectual property and information
Skimp welcomes ideas and feedback from You about all aspects of the Website. You agree that Skimp may use, reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that You submit to any public areas of the Website or by email to Skimp. (Please read the Skimp Privacy Notice for more information as to how We store and treat information You send to us).
12. Online Competitions
From time to time We may organise competitions. Please refer to Our Competition Rules. Please note that where We have no control over competitions provided by Our advertisers and third parties, these rules will not apply. You acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such competition available.
13. Other Policies
The Skimp Privacy Policy and the Service Conditions and Request for Quote Terms form part of the Terms of Use. By agreeing to these Terms of Use and using the Website, You also agree to the terms set out in those statements.
14. Termination, suspension and limitation of Your access - material breach by You
We may suspend, terminate or limit Your access to this Website at any time if You are in material breach of these Terms and:
(a) We have told You in writing of Your breach and You have failed to remedy it within 14 days of us telling You; or
(b) the breach is something which cannot be remedied (in which case We can cancel the service immediately by telling You).
15. Our other rights to terminate, suspend or limit Your access
We may suspend, terminate or limit Your access to this Website with as much warning as We reasonably can, if:
(a) We reasonably believe that there is a real risk of loss or damage to us or another if We do not suspend, terminate or limit Your access to this Website;
(b) the law requires us to do so;
(c) We believe on reasonable grounds that providing You with access to this Website or to the Content is illegal or may become illegal; or
(d) there is an emergency.
16. Miscellaneous
The Terms of Use for use of the Website are governed by and construed in accordance with the laws of Queensland and You agree to submit to the jurisdiction of the courts of Queensland in relation to any dispute regarding these Terms of Use.
If any of the Terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use.
If Skimp does not act in relation to a breach of the Terms of Use by You, this does not waive Skimp's rights to act with respect to subsequent or similar breaches of the Terms of Use by You.