This website at www.selectthebest.com.au is operated by Selector Pty Ltd ABN 7216499399
1.1 By using:
(a) the www.selectthebest.com.au website and any of its associated services and functionality; or
(b) the www.selectthebest.com.au mobile application,
1.2 This Agreement is formed between you and Selector Pty Ltd (referred to in this Agreement as "We", "Us", "Our" and “Select The Best”).
1.3 Anyone who accesses and uses the Site is referred to in this Agreement as "you" and "your".
2 Our Service
2.1 We provide information and comparison services in relation to financial and other products and services, provided by third parties. Our comparison service is independent and free for you to use. We do not add any fees or commissions to the products or services you compare.
2.2 The Site does not provide financial advice, advice concerning particular investments or investment decisions, or tax or legal advice. Nor do we recommend particular products or services. Information on this Site is provided for general information purposes only, should not be relied upon by you and is provided so that you can select the product or service that you feel is most appropriate to meet your needs. You should take independent professional financial advice in connection with, or independently research and verify, any information that you find on our Site and wish to rely upon, whether for the purpose of making an investment decision, a purchase or otherwise.
2.3 Nothing on this Site is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product or service or to enter into any contract with you, in respect of any product or service.
2.4 Where our site links to particular products or displays ‘Go to site’ or 'Apply now' buttons, we may receive a commission, referral fee or payment in relation to your clicking of this link. We also in some cases include products in particular comparisons or display products as ‘featured’ where the products being displayed or compared have commissions or referral fees or payments associated with them, which we receive from product providers.
2.5 Products and Services referred to on the Site are generally available only to Australian Citizens, with a right to Australian Permanent Residency who are over 18 years of age. You should refer to the supplier’s website for further information.
2.6 Where advertisements appear on this site they should not be taken as ranking or referencing any particular product above another in terms of its suitability for your use.
2.7 The use of terms such as “Best”, “Featured”, “Recommended” and other terms indicating a selection of products are not product ratings or rankings, these terms are not based on objective criteria and may not apply in relation to your personal circumstances.
2.8 We aim to provide uninterrupted access to this Site but we give no warranty as to the uninterrupted availability of this Site. We reserve the right to suspend, restrict or terminate your access to this Site at any time.
2.9 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Site and without notice from time to time.
2.91 In order to provide you with quotes, comparisons, factual information or advice we may need to collect some basic information about you such as your age, gender and occupation. By clicking "quote" or "enquiry" buttons you're authorising us to provide your information to an adviser or broker who will call you to provide you with personal advice about your options and available products. By doing this you are also consenting to us retaining your personal information so that we can contact you about other relevant services that we think might interest you (but you can "opt out" of this process at any time by simply withdrawing your consent).
2.92 We compare insurance data, basic information such as interest rates and application fees. We do not assess if a particular product is suitable for you. Providing or obtaining an estimated insurance quote through us does not guarantee you can get the insurance. Acceptance by insurance companies is based on things like occupation, health and lifestyle.
3 Permitted use
3.1 You are only permitted to access and use this Site for your personal, non-commercial purposes, meaning this Site may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of this Site other than for your personal, non-commercial purposes is strictly prohibited.
3.2 You are not permitted to use this Site:
• In any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
• In any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• To tamper with, modify, reverse engineer or amend any part of this Site.
• Using any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent. You must not collect or store information from the Site about individuals who use the Site.
3.3 You may operate a link to this Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Site in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Site at any time and we may withdraw any linking permission at any time.
4 Intellectual property rights
4.1 The copyright in the information, content, material or data displayed on this Site belongs to us or our licensors. You may download and print material from the Site as is reasonable for your own private and personal use subject to the following conditions:
• You are not permitted to modify the material on the Website or make any commercial use of it.
• Except for the limited uses expressly set out above or as permitted under the Australian Copyright Act 1968 (for example, in reliance on one of the fair dealing exceptions such as a fair dealing for the purposes of research or study), no part of the Site may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without the prior written permission of Select The Best.
5 Exclusions of liability
5.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or for our fraud.
5.2 We take all reasonable care to ensure that the materials and information on the Site are accurate and complete, we cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
5.3 We do not monitor, verify or endorse information submitted or provided by third parties which is included on the Site. We do not guarantee the accuracy, completeness or current nature of the information provided to us by third parties. We do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the Site. We are not responsible for any information included on the Site which has been provided by third parties.
5.4 We have no responsibility or liability to you in relation to any loss or damage of any kind (direct or indirect) however caused (including through our negligence) which is suffered or incurred by you or any other person, including without limitation damage to your software, hardware or any other device, arising from your use of or access to this Site or any linked third party website. You must take your own precautions to ensure that any content on the Website which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Site.
5.5 All liability is excluded in respect of any loss or damage which may arise in connection with the use of or reliance upon any materials and information appearing on this Site.
6 Limitation of Liability
6.1 Your use of the Site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law We, our subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in this Agreement. Without limiting the forgoing we do not warrant that: our Content is accurate or reliable. Nor do we warrant that our services will be timely, uninterrupted or error free or that any errors or defects will be corrected.
6.2 We are not responsible or liable for any indirect or consequential losses or damages arising in connection with any product or service you obtain after using this Site or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
6.3 The information and descriptions of products and services on this Site may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that you carefully read all the features and terms and conditions of any product or service before applying for it.
6.4 The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. We are not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.
6.6 Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Site do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage you may suffer or incur in connection with third party’s views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
6.7 Please be aware that whilst this Site provides information on a wide range of products or services, there may be other products or services available on the market which are not shown on this Site and which may be more appropriate or suitable for you than those shown on this Site.
7 Your responsibilities
7.1 You must not do anything to damage or disrupt our Site and you must not use our Site in a way that may cause a nuisance to others.
7.3 You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that We shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party.
7.4 You Are Responsible for Your Financial Decisions. We provide the Site through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, and other insurance professionals ("Service Providers"). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that We shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
7.5 You Acknowledge and Agree that We are Not a Service Provider. We are not a financial institution, insurance provider or other Service Provider. Instead, Select The Best, through the Site, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products.
7.6 You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Site
9.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
9.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
9.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
9.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.