Terms & Condition

Terms and Conditions for the Use of www.Konpare.com.au and Other Related Services

Konpare is a completely private service wholly owned by Konze Enterprise Pty Ltd and does not hold any affiliations or associations with any governmental or related institutions whatsoever, nor does it represent any governmental or related institutions whatsoever.

Konpare provides a service that allows users to generate customer leads for providing quotes and accepting applications for the fresh issuance of or for renewal of insurance or other benefit plan contracts of insurance providers marketed on Konpare’s online quote tool by using the material and data (“Konpare content”) uploaded on Konpare’s website. In the absence of a linked source, Konpare offers provisions to purchase specific insurance policies from a third party insurance provider through the Website directly. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. By making use of this Website, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Konpare may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that Konpare reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Konpare through email or SMS.

These Terms and Conditions (“Terms of Use”) govern your use of our service. As used in these Terms of Use, "Konpare service", "our service" or "the service" means the personalized service provided by Konpare for discovering and using Konpare content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service. These Terms of Use shall be a legally binding electronic contract between you, including the company you represent and/or the company registered by you (collectively "You"), and Konpare.com.au, which includes its owner and assignees ("Our", "We", "Us", or "Konpare").

1. Acceptance of Terms of Use

a. These Terms of Use apply to the Konpare web site located at www.Konpare.com.au and all associated sites linked to www.Konpare.com.au by Konpare, its subsidiaries and affiliates, including Konpare sites around the world (collectively, the "Site"). The Site is the property of Konpare and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

b. Konpare reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Konpare grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

a. Konpare’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Konpare’s Privacy Policy,  click here .

b. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted

a. The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Konpare for any reason. If you do not qualify, you may not use the Service or the Website.

b. KONPARE grants you a limited license to access and make personal use of the Website and the Services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in KONPARE's sole discretion) an unreasonable or disproportionately large load on KONPARE's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by KONPARE to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by KONPARE. By using the Website you agree not to:

  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.

a. All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, images, reviews, ideas, user interfaces, visual interfaces, photographs, trademarks, logos, computer code and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where Konpare provides Content to you in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to Australian and foreign copyright and other intellectual property laws.

b. Such Content, contained on the Site is owned, controlled or licensed by or to Konpare, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

c. Konpare does not claim ownership of any materials you make available through the Website. At Konpare’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant Konpare a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website:

  • any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
  • any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
  • any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

d. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Konpare’s express prior written consent.

e. Konpare may grant you a limited, non-exclusive, non-transferable license to access Company Content available on Konpare for use in accordance with these Terms and any other conditions. All other uses are expressly prohibited without our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless we give you explicit permission to do so. Company Content is licensed, and not sold to you. Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Company Content granted to you as described above.

f. You may use information on Konpare’s services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Konpare for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

g. Although Konpare attempts to take reasonable care in formulating and upholding the information available on the website, we do not guarantee the reliability, accuracy, extensiveness or adequacy of any of the website content. You accept and acknowledge that the content on the website may comprise typographical errors and technical errors as well as informational inaccuracies due to changing migration laws. You understand that the content on www.konpare.com.au is subject to change without any prior notice may not necessarily be up to date or accurate at the time it is viewed by you.

h. You are responsible for enquiring with us directly to warrant the accuracy of the material or information you need to rely on. Including the Competition and Consumer Act 2010 (Cth) and as lawfully permissible, Konpare denies all liability for direct or indirect loss as a result of your use of the www.konpare.com.au website and its content.

i. Konpare does not guarantee uninterrupted access to www.konpare.com.au website nor does it guarantee a virus free website or a website free from anything else that may damage your computer or any data on it when the website is accessed.

j. Widget and Widget Content: Konpare widget (the “Widget”) is a tool that you may place on your website for allowing visitors on your website to access and view content on the Konpare website. You agree and acknowledge that this Widget may display Konpare logos, search boxes that link to information located on our website, advertising for Konpare or advertising for third party products (the “Widget Content”). The Widget will include software files or images incorporated in, or generated by, the Widget, and any and all data and html embedded code that accompanies the Widget, and any upgrades, enhancements or modifications to such software and code. Konpare retains all ownership and other rights in the Widget and the Widget Content, and in the Konpare logos and trademarks. You agree and acknowledge that Konpare may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyse any data or information resulting from use of a Widget. If you object to any of these changes, your sole recourse is to stop using the Widget and remove the Widget from your website.

k. Third Party Content: The Konpare Services may give you access to links to third party platforms, either directly or indirectly. Konpare does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, Konpare does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third-Party Platform is appropriate, and to protect your personal information and privacy on such Third-Party Platforms.

a. Registration

  • To register with us to use our website, to subscribe to any of our plans or to enter into a client referral arrangement with us, you must provide all required details such as your personal details, company name, email address, legal names and any other information required for the purpose.

b. Referral Arrangement

  • Apart from the terms and conditions in this document governing the use of Konpare’s website, the referral arrangement between Konpare and referral affiliates shall be governed by a Referral Agreement signed specifically for this purpose. Such referral arrangement shall be determined by the referral affiliate’s ability to provide Konpare with customer leads for providing quotes and accepting applications for the fresh issuance of or for renewal of insurance or other benefit plan contracts of insurance providers marketed by the Konpare on the online quote tool.
  • Payment related terms and such other terms governing the referral arrangement between Konpare and the referral affiliate shall be governed by the Referral Agreement signed specifically for this purpose.

c. Cancellation & Termination

  • Konpare in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other service, for any reason, at any time. Such termination of the service will result in the deactivation or deletion of your account and prevention of access to your account, and the forfeiture and relinquishment of all content in your account.

a. Binding Contract

  • a.i. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about these Terms and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Konpare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Konpare has the right to suspend or terminate services and refuse any and all current or future use of the Website (or any portion thereof). Konpare reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms or Privacy Policy. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider's rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider's rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

b. Warranty & Disclaimer

  • The Content, Products, and Services Published on this Website may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. Konpare makes no representation about the suitability of the information, Software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "AS IS" without warranty of any kind. Konpare disclaims all warranties and conditions that this Website, its services or any email sent from Konpare, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Konpare hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this Website are independent affiliates and Konpare are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. Konpare and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall Konpare and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked Websites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Konpare and/or its affiliates, their respective service providers have been advised of the possibility of such damages.\
  • In addition to the other disclaimers and limitations discussed in this document, there are no guarantees and no warranties regarding online availability, impressions, and click-through of  www.Konpare.online, its web pages, and any material, information, links, or content presented on the web pages at www.konpare.com.au, its web pages, and any material, information, links, or content presented on the web pages at www.konpare.com.au, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Konpare before the posting of any advertising material, information, links, content, banners, and graphics on www.konpare.com.au. Konpare reserves the right to accept or to reject any advertising sponsor or any advertising for any reason,

c. Terms for the Purchase of Insurance Products

  • You hereby declare, on your behalf and on behalf of all persons proposed to be insured, that the statements, answers and/ or particulars given by you are true and complete in all respects to the best of your knowledge and that you are authorized to propose on behalf of these other persons.
  • You understand that the information provided by you will form the basis of the insurance policy, is subject to the Board approved underwriting policy of the insurer and that the policy will come into force only after full payment of the sum amount chargeable.
  • You understand that Konpare is not a registered health care service provider and we make no warranties on the health insurance provider fulfilling their obligations for the policy you may purchase through our website.
  • You understand that Konpare is not an insurance service provider and shall not be liable directly or indirectly for any claims, processing of claims, refunds, processing of refunds and you assume all risks and liabilities and offer immunity to Konpare group for outcomes arising from the use of goods or services provided by the third party insurance provider.
  • You understand that Konpare may receive commissions from third party insurance providers for providing the services offered by the website

d. Specific Conditions of Sale

  • The website contains information in a comparative manner regarding products, services, their presumed benefits and features of insurance policies of the OSHC and OVHC variety. We make no warranties on the information hosted on the website on the whole and any specific content and we make no representations or warranties on accuracy, integrity, feasibility of the information provided by the website. You are responsible for your choice of OSHC and OVHC insurance and you agree to not hold Konpare responsible for any liabilities or adverse consequences that may occur as a result of your purchase.

e. General Refund Rules for OSHC purchases

  • In addition to the other disclaimers and limitations discussed in this notice, you also agree and understand that Konpare is not responsible to initiate process or complete any claim or refund request. The below information is only provided to users as a general guide to understand their eligibility of obtaining a refund from the third party insurance providers
  • Students can apply in writing for a pro-rata refund of premium for the unexpired portion of your policy if:
    • They paid their premium and did not come to Australia
    • They paid their premium on the basis of an extended stay but the extension of authorised stay was not granted by DIAC
    • They are obliged to cease studies and leave Australia before the end of a period of approved stay for reasons beyond their control
    • They have been granted permanent residence in Australia
    • They were not resident in Australia for a continuous period of 3 months or more but whilst holding a valid Student Visa
    • hey can provide proof of OSHC provided by another organisation which includes the period covered by the organisation
    • For the purpose of refunds:
      • Refunds are calculated on a monthly or daily pro-rata basis, with a minimum refund of one month A minimum cover period of 3 months is payable if cover is cancelled whilst in Australia There is no minimum cover period payable if cover is cancelled prior to arrival in Australia

f. Customer Due Diligence

  • f.i. You agree and acknowledge that for undertaking any financial transaction through the Website, Konpare may undertake client/customer due diligence measurers and seek mandatory information required for verification and identification of the user. Konpare may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance policy is remitted only through your bank account or from a joint bank account in which you are a joint holder. You also agree and understand that by purchasing and paying for a policy via this Website, you warrant you are the authorised holder of the credit card used for payment and/or have express consent of the authorised credit card holder to make the relevant purchase and payment. In the event, payment towards insurance purchase is remitted through a bank account opened in the name of a third party(i.e. not being in your name), you agree and acknowledge that Konpare can undertake enhanced due diligence measures(including any documentation), to satisfy itself relating to customer due diligence requirements.

g. Other Terms for Use of Our Services

  • To use the Konpare services you must have Internet access and a Konpare ready device.
  • Konpare reserves the right to accept or refuse your request for subscription or membership to our services. We have the sole discretion on whether to allow you to register, renew, change subscription or membership plans and/or use our services.
  • Data Migration: Throughout your subscription term, you may request us to import data into your account. You hereby recognise and acknowledge that we may access and process your data in connection with offering you support during such migration of data.
  • Your access to the service may be restricted or unavailable
    • during scheduled downtime for upgrades and maintenance to the service (we will undertake reasonable efforts to inform you in advance); and/or
    • during any inaccessibility caused by conditions beyond our control, such as, but not restricted to, natural calamities, acts of government, acts of terror or political conflict, mechanical breakdowns beyond our control (including, without limitation, incapability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks. We will use reasonable efforts to schedule downtimes for weekends (Pacific Time zone) and other off- peak hours.

a. Konpare may choose to communicate with you via email regarding your account, news, updates or any other issues related to your account. You will hence automatically subscribe to our mailing lists or newsletters. You may choose to opt out of the subscription at any time

b. When you use the Website or send emails to Konpare, you are communicating with Konpare electronically. You consent to receive communications from Konpare electronically. Konpare may communicate with you by email or by posting notices on the Website or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

a. Conditional upon your compliance with these Terms of Service throughout your period of Subscription, you have regulated, non-exclusive, and revocable right to access and use this Service for Your internal commercial purposes. You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within Konpare. They may be subject to independent and separate Service Plans based on the Service you purchase.

a. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Konpare reserves the right to bar any such activity.

b. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Konpare server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

c. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Konpare, including any Konpare account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

d. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Konpare’s systems or networks, or any systems or networks connected to the Site or to Konpare.

e. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

f. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Konpare on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

g. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Konpare or others.

h. You may not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so.

i. You may not, nor shall you allow-any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party or otherwise use the services, including, without limitation, any content therein, without the express, prior written consent of Konpare or its owner if Konpare is not the owner;

j. You may not engage in or encourage conduct that would violate any applicable laws or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Konpare as an entity or any of its personnel or affect adversely or reflect negatively on Konpare’s Services, our goodwill, name or reputation or causes duress, distress or discomfort to Konpare as an entity or any of its personnel, or discourages any person or entity from using all or any portion, features or functions of the website, or from advertising, linking or becoming a supplier to us in connection with any of the Services

k. You may not impersonate any person or falsely state or otherwise represent your affiliation with a person or entity.

l. Subject to your compliance with this Agreement, Konpare hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Konpare Widget for your internal commercial purposes on a website for which you have proper authorization (“your website”) as permitted by this Agreement (should mention this is the Agreement). You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within the Konpare Widget. You are not licensed to use the Widget for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widget.

m. In accessing or using the Widget you agree that you will not decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Widget or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Widget, or encourage, assist or authorize any other person in doing so.

n. In accessing or using the Widget you agree that you will not incorporate the Widget into any hardware or software device that you are not authorized to use or otherwise modify

o. In accessing or using the Widget you agree that you will not obtain or attempt to obtain unauthorized access to Konpare’s network(s).

p. In accessing or using the Widget you agree that you will not obscure or disable any element of the Widget.

q. In accessing or using the Widget you agree that you will not display the Widget on any site that disparages Konpare or its products or services, infringes any Konpare intellectual property or other rights, or violates any applicable law.

r. In accessing or using the Widget you agree that you will not place the Widget on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Konpare in its sole discretion.

s. In accessing or using the Widget you agree that you will not use the Widget in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.

t. In accessing or using the Widget you agree that you will not display the Widget in a manner that does not permit successful linking to, redirection to or delivery of the applicable Widget Content. You may not insert any intermediate page, splash page or other content between the Widget and the applicable Widget Content.

u. Subject to the express parameters of the limited license granted to you above, the Widget and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way

v. Without the express written consent of Konpare, the Widget may not be embedded by you or third parties within other widget or gadgets or software modules. You acknowledge and agree that Konpare may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement.

w. You shall be responsible for obtaining and maintaining all computer software and hardware and other equipment needed for access to and use of the Widget and Konpare services, and all fees and charges related thereto. Konpare may offer upgrades or updates to the Widget at its sole discretion. Notwithstanding the foregoing, nothing in this Agreement will be construed as an obligation for Konpare to install, maintain or support the Widget or to provide you with upgrades, updates or plug-ins to the Widget. Konpare may change, suspend, or discontinue any aspect of the Widget at any time without notice to you. Konpare may impose limits on certain features and services or restrict your access to parts or all of the Widget, related content and services without notice or liability.

x. Konpare assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer software, equipment or other property as a result of your access to or use of the Widget, or your downloading of any materials, data, text, images, video, or audio from any Konpare website.

a. Additional terms and conditions may apply to purchases of services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

b. Konpare will, at its discretion, verify your current Visa status via the VEVO system. This is to ensure that we have the right information if and when a refund has to be initiated on behalf of the purchaser.

c. Konpare may, at its sole discretion, offer certain benefits such as discounts on subscription charges or an extension in subscription term for no extra payments. Such benefits would be specific to your account and the service identified while offering these benefits. They are not transferable. The benefits may have an expiry date, and in such scenarios we shall keep you informed prior to commencement of use of the service.

d. Konpare’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

e. Konpare may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to services may be out of date, and Konpare makes no commitment to update the materials on the Site with respect to such services.

f. Konpare shall not be liable to you or any other third party for suspension or termination of your account or access to and use of the Service, if such suspension or termination is in accordance with these Terms of Use.

g. In addition to suspension for late payment or non-payment of Subscription Charges, Konpare may suspend your access to and use of your account and the service if you are in violation of these Terms of use; these may include misuse of the service or a breach of the Terms of Use specified in this document. You will be notified of Your activities that violate these Terms of Use and, at our sole discretion, we will provide you with a period of seven (7) days to rectify or cease such activities. If you fail to rectify such activities within the said period or if we believe that your breach of these Terms of Use cannot be rectified, your account may be terminated.

a. Certain features or services offered on or through the Site may require you to open an account (including setting up an Konpare ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Konpare immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Konpare or any other user of or visitor to the Site due to someone else using your Konpare ID, password or account as a result of your failing to keep your account information secure and confidential.

b. You may not use anyone else’s Konpare ID, password or account at any time without the express permission and consent of the holder of that Konpare ID, password or account. Konpare cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

a. This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Konpare’s control, and Konpare is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

b. The Website or third parties may provide links to other World Wide Web Websites or resources. Konpare has no control over such third party Websites and resources, and thus you acknowledge and agree that Konpare is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that Konpare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.

a. KONPARE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KONPARE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

b. KONPARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

c. KONPARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY KONPARE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KONPARE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

d. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

e. onpare reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

a. Except where prohibited by law, in no event will Konpare be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Konpare has been advised of the possibility of such damages.

b. If, notwithstanding the other provisions of these Terms of Use, Konpare is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Konpare liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Konpare, or (2) AU$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

c. Neither Konpare nor any of its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, available through our website. Your sole remedy for dissatisfaction with the services, is to stop using the services or linked third-party websites, as applicable.

d. In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the extent permitted by law.

e. If, despite the limitation above, Konpare or its affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Konpare and/or its affiliates will in no event exceed, in the aggregate, the greater of

  • the service fees paid to Konpare or the commission received by Konpare in connection with such transaction(s) on this Website, or
  • ______ Australian Dollars.

f. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Konpare, its affiliates, and/or their respective service providers.

g. You agree that the damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

a. You agree to indemnify and hold Konpare, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Konpare by any third party due to or arising out of or in connection with your use of the Site.

b. Konpare reserves the rights, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such a case, you agree to fully cooperate as reasonably required with such defences and in asserting any available defences.

a. Konpare may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Konpare’s rights or property, or the rights or property of visitors to or users of the Site, including Konpare’s customers. Konpare reserves the right at all times to disclose any information that Konpare deems necessary to comply with any applicable law, regulation, legal process or governmental request. Konpare also may disclose your information when Konpare determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

b. You acknowledge and agree that Konpare may preserve any transmittal or communication by you with Konpare through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Konpare determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Konpare, its employees, users of or visitors to the Site, and the public.

c. You agree that Konpare may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Konpare, for which monetary damages would be inadequate, and you consent to Konpare obtaining any injunctive or equitable relief that Konpare deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Konpare may have at law or in equity.

d. You agree that Konpare may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

e. If Konpare does take any legal action against you as a result of your violation of these Terms of Use, Konpare will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Konpare. You agree that Konpare will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

a. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Australia and by the laws of the State of Victoria without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Melbourne, Victoria, and waive any objection to such jurisdiction or venue. This document and the relationship between you and Konpare will be governed by the laws of the Australia without regard to its conflict of law provisions.

b. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Konpare and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

c. The failure of Konpare to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Konpare does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitutes the entire agreement between you and Konpare and governs your use of the Website, superseding any prior agreements between you and Konpare with respect to the Website.

d. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian laws.

e. These Terms of Use are governed by the laws of Victoria, Australia.

f. If any of the conditions in this document are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section.

a. Konpare administers and operates the www.Konpare.com Site from its location in Melbourne, Victoria, Australia; other Konpare sites may be administered and operated from various locations outside Australia.

b. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia. Konpare reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

a. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.

b. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Konpare with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Konpare with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Konpare, Konpare will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Konpare’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Konpare of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Konpare and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

c. Konpare provides access to Konpare international data and, therefore, may contain references or cross references to Konpare programs and services that are not announced in your country. Such reference does not imply that Konpare in your country intends to announce such programs or services.

a. Any feedback you provide at this site shall be deemed to be non-confidential. Konpare shall be free to use such information on an unrestricted basis.

a. The information contained in this web site is subject to change without notice.

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