Terms of Service

Last updated: 27 December 2024

1. Acceptance of Terms

Welcome to PriceHound. By accessing or using our website at pricehound.com.au (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and PriceHound (“we”, “us”, or “our”). We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the modified Terms.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Service Description

PriceHound is an Australian price comparison service that aggregates and displays product pricing information from various Australian retailers. Our Service allows users to:

  • Search and compare prices across multiple Australian retailers
  • View historical price data and trends
  • Create and manage personal watchlists
  • Receive price drop notifications for watched products
  • Access product information and specifications

We currently compare prices from retailers including but not limited to: JB Hi-Fi, Harvey Norman, The Good Guys, Officeworks, Kogan, Amazon Australia, Bing Lee, Appliances Online, Myer, David Jones, Target, Big W, and Catch.

PriceHound is an information service only. We do not sell products directly. All purchases are made directly from the respective retailers, and you will be subject to their individual terms and conditions.

3. User Accounts

Some features of our Service require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe, in our sole discretion, pose a security risk or are used for fraudulent purposes.

You may delete your account at any time by contacting us or using the account deletion feature in your account settings. Upon deletion, your personal data will be handled in accordance with our Privacy Policy.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit any viruses, malware, or harmful code
  • Attempt to gain unauthorised access to our systems or networks
  • Use automated tools, bots, or scrapers to access, collect, or download content from the Service without our express written permission
  • Interfere with or disrupt the Service or servers connected to the Service
  • Impersonate any person or entity
  • Collect or harvest any personal information from other users
  • Use the Service for any commercial purpose without our consent
  • Engage in any activity that could damage, disable, or impair the Service

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

5. Price Information Disclaimer

IMPORTANT: Please read this section carefully.

Price information displayed on PriceHound is collected automatically from third-party retailer websites. While we strive to keep this information accurate and up-to-date, we cannot guarantee the accuracy, completeness, or timeliness of any price information.

  • Prices may change: Retailers may change their prices at any time without notice. The price you see on PriceHound may differ from the actual price on the retailer's website.
  • Always verify before purchasing: You should always verify the current price, availability, and product details on the retailer's website before making a purchase.
  • Stock availability: Product availability shown on PriceHound may not reflect real-time stock levels.
  • Shipping costs: Displayed prices typically do not include shipping costs, which vary by retailer and location.
  • Special offers and conditions: Some prices may be subject to special conditions, membership requirements, or limited-time offers not reflected in our data.

PriceHound is not responsible for any discrepancies between prices displayed on our Service and actual prices charged by retailers. We make no warranties or representations regarding the accuracy of pricing information.

6. Affiliate Disclosure

PriceHound may participate in affiliate marketing programs. This means we may receive a commission when you click on links to retailers on our website and subsequently make a purchase.

These affiliate relationships do not affect the prices you pay. The price you pay at any retailer is the same whether or not you use our links. We do not favour retailers based on commission rates in our price comparisons or search results.

Affiliate commissions help support the operation and maintenance of our free price comparison service. We are committed to providing unbiased price comparisons regardless of our affiliate relationships.

7. Intellectual Property

The Service, including its original content (excluding user-generated content and third-party content), features, and functionality, is owned by PriceHound and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Product names, logos, and images displayed on PriceHound are the trademarks or registered trademarks of their respective owners. Their use on our Service does not imply any affiliation with or endorsement by the trademark owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our content without our express written permission.

8. Limitation of Liability

To the maximum extent permitted by law, PriceHound shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the Service
  • Any inaccuracies or errors in pricing information, product descriptions, or other content
  • Any transactions or purchases made based on information from our Service
  • Unauthorised access to or alteration of your data or transmissions
  • Any third-party conduct or content on the Service
  • Any issues with products purchased from third-party retailers

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for using the Service during the twelve (12) months preceding the claim.

9. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or re-supplied if the services fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

For consumers in Australia, to the extent that our liability cannot be excluded under the Australian Consumer Law, our liability is limited, at our option, to:

  • In the case of goods: repair, replacement, or payment of the cost of repair or replacement; or
  • In the case of services: re-supply of the services or payment of the cost of re-supply.

10. Dispute Resolution

If you have a dispute with PriceHound, we encourage you to contact us first to seek a resolution. You can reach us at the contact details provided below.

Informal Resolution: Before initiating any formal proceedings, you agree to attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute within 30 days of receiving your complaint.

Mediation: If we cannot resolve the dispute informally, either party may propose that the dispute be resolved through mediation. Any mediation will be conducted in accordance with the mediation rules of the Resolution Institute (Australia) or another agreed mediation service.

Governing Law: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us to delete your account.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

We recommend checking this page periodically for changes. The “Last updated” date at the top of this page indicates when these Terms were last revised.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

PriceHound

Email: legal@pricehound.com.au

General Inquiries: hello@pricehound.com.au