Compare Villages Pty Ltd ABN 59 618 426 574 (“Compare Villages”, “we”, “us” or “our”) owns and operates the Compare Villages platform available at www.comparevillages.com.au across desktop, mobile, tablet and app (as applicable) (“Compare Villages Platform”).
By using or accessing our Compare Villages Platform, you indicate that you agree to and accept our Platform Terms. Don’t use or access our Compare Villages Platform if you don’t agree!
We may change these Platform Terms at any time by publishing a new version on the Compare Villages Platform. Your use of and access to the Compare Villages Platform is governed by the most recent Platform Terms we post on the Compare Villages Platform. We may change the Compare Villages Platform (including any content and linked sites) at any time without notice.
2. Access and privacy
3.1 We try to ensure all information, graphics, images, text, audio and video and other material appearing on this Compare Villages Platform (“Compare Villages Content”) is correct and up-to-date. However, we don’t represent or warrant the accuracy or completeness of the Compare Villages Content or that it is suitable for your use. The Compare Villages Platform doesn’t compare or contain all listings for all retirement villages or similar residential communities. There may be errors, omissions or defects present. Some Compare Villages Content (such as the images associated with listings on the Compare Villages Platform) may be indicative and for illustrative purposes only. Your use of the Compare Villages Platform and Compare Villages Content is at your own risk. The Compare Villages Platform and Compare Villages Content is provided on an “as is” basis.
3.2 We make no representations or warranties of any kind regarding the availability or operation of the Compare Villages Platform or that the Compare Villages Platform will be provided on an uninterrupted basis, is secure or free of defects.
3.3 We only provide general information and a guide. You can’t rely on it and it is not advice. We don’t consider your personal situation, financial requirements or other objectives or needs. We recommend that you make your own enquiries and seek independent advice before acting on any information in Compare Villages Content or this Compare Villages Platform.
3.4 Unfortunately information gets out of date quickly. Any information we provide and all Compare Villages Content is subject to change without notice. We are not liable because the information we provide is incorrect or unavailable. We disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by anyone relying on anything contained in or omitted from our Compare Villages Platform or Compare Villages Content. We do not act as an agent for you or anyone else.
4.1 If you share, transmit, publish, post, upload or otherwise make available information, graphics, images, text, audio and video or other material to the Compare Villages Platform (“Your Material”), you grant us a royalty-free, worldwide, irrevocable, perpetual, transferable, non-exclusive licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform Your Material in any form and for any purpose. You also grant each user of our Compare Villages Platform a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform Your Material as permitted by us and these Platform Terms.
4.2 You warrant that you have the right to grant us the licences described in these Platform Terms and that Your Material does not breach these Platform Terms. You unconditionally waive all moral rights (as defined in the Copyright Act 1968 (Cth)) which you may have in respect of Your Material.
4.3 Compare Villages reserves the right to remove any materials on the Compare Village Platform, including any Compare Villages Content and Your Materials.
5. Third party sites
6. Intellectual property
This Compare Villages Platform and Compare Villages Content is protected by Australian and international copyright laws and all intellectual property is owned either by us or our licensors (including in accordance with clause (Your Material)). You may view this Compare Villages Platform and the Compare Village Content using your desktop browser, smartphone or other device and save an electronic copy or print out a copy for your own information, research or study. Any unauthorised use of the Compare Villages Platform and Compare Villages Content may violate our and our licensors’ intellectual property rights.
7. Prohibited uses
Do not frame or link to the Compare Villages Platform or Compare Villages Content without our prior written consent. Don’t impersonate us or others. Your Material must not directly or indirectly involve the advertising or marketing of any goods or services. Don’t spam. Your Material must be correct. Your Material must not be profane, offensive, misleading or deceptive, defamatory, infringe the rights (including intellectual property rights) of any person, obscene (including pornographic, hateful, racially or ethnically offensive material), indecent, threatening, unlawful or otherwise inappropriate. Your Material must not contain any virus or disabling code. Don’t access or use the Compare Villages Platform in a manner which is unlawful or would infringe the rights of another person (including any intellectual property rights).
8.1 To the extent permitted by law, we exclude all representations, conditions, guarantees and warranties that are not expressly set out in our Platform Terms. The Competition and Consumer Act 2010 (Cth) (and similar legislation in other states and territories), can imply warranties or conditions, or impose obligations on us that we can’t exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Nothing in our Platform Terms excludes, restricts or modifies any of these rights or remedies you may have.
8.2 To the extent that our liability for breach of any implied warranty, condition or obligation cannot be excluded by law, our liability will be limited, at our option, to: (a) in the case of services supplied or offered by us: (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-supplied; and (b) in the case of goods supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of having the goods replaced; or (iv) the payment of the cost of having the goods repaired.
8.3 Subject to this clause, our maximum aggregate liability for all proven losses, damages and claims arising out of or in connection with our Platform Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the amount(s) paid by you (if any) in respect of those goods or services provided by us (if any).
8.4 We, our related bodies corporate, directors, employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Compare Villages Platform, Compare Villages Content, all links to or from the Compare Villages Platform or the goods or services advertised or referred to on the Compare Villages Platform.
You indemnify us, our related bodies corporate, directors, employees, agents and contractors in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with Your Material, your breach of these Platform Terms and your use of the Compare Villages Content and this Compare Villages Platform.
We may alter, terminate or restrict your access to the Compare Villages Platform or any feature of the Compare Villages Platform (including Your Material) for any reason in our sole discretion, at any time and without prior notice and without any liability to you.
11.1 If any provision of the Platform Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Platform Terms, which shall remain in full force and effect.
11.2 No waiver of any term of the Platform Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Platform Terms shall not constitute a waiver of such right.
12. Applicable law
These Platform Terms and all information on the Compare Villages Platform is governed by and construed according to the laws of the State of Victoria and the Commonwealth of Australia. By accessing or using this Compare Villages Platform you agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
Please contact us at www.comparevillages.com.au/page/contact if you have questions about the Compare Villages Platform or these Platform Terms.
14. Departure Entitlement Calculator Disclaimer
14.1 The information provided by the Compare Villages departure entitlement calculator ("Calculator") should be used as an indication only. The Calculator uses information such as the entry price, the annual capital growth rate (this will vary from 0% to 4%, as determined by you) and information provided by the relevant operator about any capital gain, deferred payment and long-term maintenance fund fee to estimate the amount you may be entitled to receive after you leave a retirement village. Other departure fees may apply and you should check this with the operator. Any change to these variable factors and the data entered into the Calculator will vary the results and may affect the accuracy of the results. The Calculator and the information used to calculate the estimates may change without notice and we are not in any way liable for the accuracy of any information provided by an operator or by you.
14.2 The search results may not include all operators and may not compare all features relevant to you. We are an information provider and we are not making any suggestion or recommendation about an operator. We will not liaise with any operators on your behalf and you will need to deal directly with the operators.
14.3 We make no representations orwarranties as to the Calculator's accuracy or completeness and all such warranties (whether implied or otherwise) are excluded, to the extent permitted by law. Under no circumstances will we be liable (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, consequential or special loss and/or damage arising out of, or in any way connected with, the access to or use of this Calculator.
14.4 The Calculator and the estimates provided do not take into account your personal circumstances. The estimates should not be relied upon and you should make your own enquiries and seek professional advice.
Last updated: 1 September 2017.