Terms and Conditions

Goswitch.com.au (Site) is a comparison website hosted and managed by GoSwitch Holdings Pty Ltd (ACN 607 147 937) (we, our, or us).

These terms of use, and the GoSwitch Privacy Policy (located at https://goswitch.com.au/privacy-policy) govern your use of the Site and our associated services.

By accessing and using the Site, you confirm that you accept these terms of use and agree to comply with them. If you do not agree with these terms, you must not use the Site.

If you have any questions about these terms of use, you can contact us via our online customer service form at: https://goswitch.com.au/contact-us/, or via our customer service line on 1300 518 062.

1. Updates and Amendments
1.1 We may amend these terms from time to time at our discretion. For material changes, we will provide reasonable notice by posting an updated version on the Site with a revised ‘Last Updated’ date, and where practicable, by notifying you via email. Your continued use of the Site following the posting of revised terms constitutes your acceptance of those changes.

1.2 We may update or change our Site from time to time to reflect changes to our products and services, reflect supplier or customer needs, changes in law or our business priorities.
User acknowledges and agrees that the System is available only to persons aged 18 years old and over. User represents and warrants that he/she is 18 years old or over.

2. Use of Site
2.1 Use of our Site and associated services are made available to you free of charge. Our Site provides you with cost-based comparison information about products and services offered by various suppliers operating as a facilitator seeking to match your needs with the most suitable service provider (Service Provider). We are a neutral facilitator, and you acknowledge and agree that we are not directly involved in the transactions between you and any Service Provider you select

2.2 We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.

2.3 Use of the Site is only available to persons aged 18 years old and over and by using the Site you represent and warrant that you are 18 years old or older.

3. User Warranties
3.1 You agree that you will:
(a) not use the Site for illegal purposes;
(b) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
(c) not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(d) not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our services;
(e) not interfere with, disrupt or do anything that compromises the security of the Site;
(f) not use the Site to commercially exploit its content, or to provide comparison or brokerage services to third parties on a commercial basis without our prior written consent;
(g) not use the Site to engage in misleading or deceptive on-line marketing practices;
(h) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; and
(i) provide us with complete and accurate contact details when using the Site to enable Service Providers to contact you as requested.

4. Our Reservation of Rights
We reserve the right to modify or discontinue any services we offer at any time without notice or liability to you.

5. Intellectual Property
5.1 All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, equipment or processes, trade marks, logos and other materials shall remain our exclusive property or the property of our licensors. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property.

5.2 To the extent that you submit any information or material to us, you automatically grant us a licence to use the information or material for the purpose for which it is provided and our reasonable internal training purposes.

6. User Warranties
6.1 Subject to clause 6.2, we provide the Site and Service Provider details on an ‘as is’ basis and without any warranty, express, implied as to the quality, efficacy, reliability or other attribute or characteristic of any Service Provider or any service offered by a Service Provider.

6.2 Nothing in these terms of use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), or any other applicable legislation, that cannot lawfully be excluded, restricted or modified by agreement, including any liability arising from misleading or deceptive conduct under section 18 of the ACL. Where the ACL applies and permits limitation of liability, our liability is limited as set out in clause 7.1

6.3 Subject to any rights you may have under the ACL or any other applicable law that cannot be excluded or limited by contract (including in relation to misleading or deceptive conduct under section 18 of the ACL), and to the fullest extent otherwise permitted by law, we exclude all representations and warranties, whether express, implied, statutory or otherwise, concerning the Site or any third party website referred to or linked to via the Site.

6.4 Without limiting the foregoing, you acknowledge that:
(a) we do not check the truth or currency of the material or information that Service Providers provide or make available to us;
(b) any amounts quoted on the Site are subject to change from time to time and it is your responsibility to verify the accuracy and currency of information on the Site;
(c) any product designated as “green energy” by a Service Provider will be treated as “green energy” by us;
(d) we do not control, endorse, approve or warrant to you the acceptability or fitness for any particular purpose the services supplied by any Service Provider referred to through the Site or whose identities become known to you as a result of using the Site or otherwise;
(e) we do not warrant to you that anything on the Site or any third-party website referred to or connected via the Site is accurate, complete or up to date and we make no performance warranty whatsoever concerning anything on or implied from them;
(f) you should satisfy yourself through your own enquiries as to the condition or suitability of any Service Provider;
(g) we do not offer professional advice on the fitness of any services or information supplied by any third parties including Service Providers;
(h) we are a neutral facilitator and do not endorse or recommend any Services Provider or services, including where details of a Service Provider are provided by us to you or otherwise become known using the Site;
(i) we are not a party to any transactions between you and any Service Provider and you (and not us) are responsible for paying the Service Provider under any agreement or arrangement you enter into with them;
(j) You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations);
(k) the Site may experience interruptions and access difficulties from time to time and we are not responsible for such interruptions or access difficulties; and
(l) we shall not be liable for any loss or damage whether directly or indirectly incurred by you or any third person as a result of any failure or delay in us doing anything, including, but not limited to, transmitting any information to you or transmitting your information to a Service Provider.
(m) we and all of our affiliates and related entities have no responsibility for the legality of the actions of other users of the Site.

7. Limitation of Liability
7.1 Subject to clause 7.3, we exclude all liability to you or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:
(a) removal or termination of your access to the Site or any part of it; and
(b) use of the Site or information on or provided through the Site or any information or advice otherwise provided by us or a Service Provider, even if we have been advised of the possibility of such loss or damage.

7.2 To the extent permitted by law, we and all our affiliates and related entities expressly limit liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

7.3 Nothing in this clause excludes or limits our liability for misleading or deceptive conduct under section 18 of the ACL, or any other liability that cannot lawfully be excluded or limited.

8. Indemnity
You indemnify and holds us and our subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages whether actual, special and consequential of every kind and nature (including all legal fees) made by you or a Service Provider arising out of or in any way connected with or related to your use of the Site or your breach of these terms of use or violation of any law or the rights of any third party.

9. Termination
These terms of use are effective until terminated by us and we may terminate them at any time without prior notice to you.

10. Disputes
10.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of these terms of use or of the parties’ rights or obligations pursuant to these terms of use (Dispute).

10.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (Dispute Notice).

10.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

10.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:
(a) within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
(b) if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;
(c) within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the President for the time being of the LEADR, with the costs of the mediation to be borne equally by the parties to the Dispute;
(d) the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
(e) any mediation that takes place pursuant to the operation of this clause is to take place in Melbourne, Australia.

10.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.

11. Circumstances beyond GoSwitch’s control
We will not be liable for any failure or delay in the performance of its obligations to you if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.

12. Use of Material on Site
You may not use screen scraping, data mining or any similar data gathering and extraction technological devices on the Site for the purpose of reproducing information contained on the Site on or through any other medium, except with our prior written consent.

13. Website Links
13.1 We may provide links and pointers to websites maintained by third parties from the Site which websites are not under our control and we are not responsible for the contents of any linked website or any website link contained in any linked website.

13.2 We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from the Site.

14. General
14.1 Interpretation
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.

14.2 Definitions
In these terms of use the following terms have the following meanings:
Service Provider means any provider of services who is or may potentially be matched to you using the Site.
Site means the website operated by us at www.goswitch.com.au or on any affiliate website.

14.3 Severability
The provisions of these terms of use are severable, and if any provision is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.

14.4 No Waiver
Our failure to take action with respect to a breach by you or others does not waive our right to take action with respect to subsequent or similar breaches.

14.5 Entire Agreement
These terms of use, our Privacy Policy and any explicit terms on the Site set out the entire understanding and agreement between the parties with respect to the subject matter of these terms of use.

14.6 Survival
Those clauses capable of surviving termination of these terms of use shall do so.

14.7 Notices
We may provide notices to you by posting on the Site, emailing or posting the notice to an address provided by you or any other mode of service permitted by law.

14.8 Governing Laws
These terms of use shall be governed in all respects by the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and to the Federal Court of Australia sitting in Victoria.

14.9 Comission
We may receive a fee from some of the providers that you determine to switch to by using the Site. The payment of a fee or the amount of the fee does not influence the comparison results generated for you when requesting a price comparison using the Site.

14.10 Marketing Communications
By providing your personal information and ticking the consent box, you agree to receive marketing communications from us. You can withdraw your consent at any time by following the opt-out instructions provided in our communications or by contacting us directly.