Terms of Use

1. Background

1.1 The website located at switchco.com.au (Website) is owned and operated by SwitchCo Australia Pty Ltd ABN 58 158 549 949 (SwitchCo, we, us, our).

1.2 By using this Website and in consideration of SwitchCo providing you with access to the Website, you agree that these Website Terms of Use govern your access to and use of the Website and you accept and agree to comply with them.

1.3 If you do not agree to these Website Terms of Use, you must not use or access the Website.

1.4 We reserve the right to amend these Website Terms of Use from time to time without giving specific notice to you. We will publish the amended Website Terms of Use on the Website.

1.5 You should periodically review the Website Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms of Use.

2. Changes to the Website

2.1 We may, from time to time and without notice:

  • change, add to, or remove content or functionality of the Website; andcease, interrupt or withdraw access to the Website for any reason, including for upgrades and maintenance of the Website.

3. Your conduct and responsibilities

3.1 You must not:

  • use the Website in breach of any applicable laws or regulations;
  • use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
  • use the Website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
  • frame or mirror any part of the Website without our written authorisation; or
  • interfere with, disrupt, or create an undue burden on the Website.

 

3.2 Without limiting 1, you must not and must not permit a third party to:

  • misuse the Website, or knowingly or negligently introduce viruses, trojans, worms, logic bombs or other material to the Website that is malicious or harmful;
  • attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of service attack;
  • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, scraping, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking any data or content on the Website;
  • circumvent, disable or otherwise interfere with security-related features of the Website;
  • use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;
  • create derivative works from any Website content, information, software, or services obtained from the Website, including to create products or services competitive with our products and services;
  • reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website or its contents or reproduce all or any portion of the said components; or
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

 

3.3 We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user.

3.4 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of our services and our reputation. These actions may include (but are not limited to) suspending or blocking your access to the Website, reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

3.5 If you believe that a user has breached any of the above conditions, please contact us by email at info@switchco.com.au.

3.6 You are responsible for your own Internet connection, telecommunications and data costs when accessing and using the Website.

3.7 You are responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.

4. Intellectual Property

4.1 SwitchCo, SWITCH CO, Switch PM, Switch Project Management, Project Management by Switch, SHARPEN THE AXE, and their related logos are trade marks of SwitchCo or its related entities (Our Trade Marks).

4.2 Trade marks used on this Website or in newsletters, offers or notifications to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).

4.3 You must not, and must not authorise any third person to use, copy, reproduce or modify:

  • Our Trade Marks for any purpose, other than with the prior written consent of SwitchCo; or
  • the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

 

4.4 Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Website Content are reserved.

4.5 We grant you a limited right to access the Website and view the Website Content to the extent required for you to use the Website for your own personal use or use in doing business with us, subject to these Website Terms of Use. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content. We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.

4.6 We reserve the right to aggregate and analyse data that we collect through the operation of the Website. With this data, we may:

  • create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and
  • use the data to identify and offer you products and services (as well as products and services of our related bodies corporate and trusted third-party partners) that we think you may be interested in, unless you have opted out from marketing.

 

5. Links and Third Party Content

5.1 The Website may contain links to or display the content of third parties (Third-Party Content), including links to websites operated by other organisations and individuals (Third-Party Websites).

5.2 Third-Party Content and Third-Party Websites are not under the control of SwitchCo. SwitchCo does not endorse, approve or make any warranty or claim regarding Third-Party Content, Third-Party Websites or the products, services or information available on any Third-Party Website, or in respect of the owner or operator of a Third-Party Website or their conduct.

5.3 If you use or rely upon Third-Party Content or Third-Party Websites, you do so solely at your own risk.

6. Cookies

6.1 The Website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by the Website’s servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.

6.2 It is recommended that you accept cookies to make full use of the Website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.

6.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the Website to the fullest and optimum extent.

6.4 We may use the cookies on the Website (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our Website and on third party websites, social media platforms and advertising networks. Please see our Privacy Policy for further information.

7. Australian Consumer Law

7.1 “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.

7.2 The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Website Terms of Use has the effect of excluding, restricting or modifying a consumer’s rights under the Australian Consumer Law or any other applicable statutory rights that cannot be excluded, restricted or modified.

8. Disclaimers and limitation of liability

8.1 To the maximum extent permitted by law (but subject to clause 7), you agree that:

  • where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee and we breach such Consumer Guarantee insofar as it relates to the Website/use of the Website, or if we otherwise breach the Website Terms of Use, we limit our liability for any such breach to:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again; and
  • the Website and the Website Content is provided “as is” and may not be accurate, complete or up-to-date;
  • by accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
  • any term, condition or warranty that may otherwise be implied into these Website Terms of Use, including (but not limited to) any term, condition or warranty that:
    • the Website or any of its functions will be uninterrupted or error free or that defects will be corrected; or
    • the Website or any server that makes it available is free of errors, viruses or malicious code;
  • liability for any special, indirect or consequential loss you may suffer or incur, however caused (including negligence), arising out of or in connection with the Website Content or the use or performance of the Website.

9. Privacy

9.1 By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms of Use, as described in our Privacy Policy and any other privacy notices that we provide you during your use of the Website.

9.2 When you use the Website, we collect personal information that you provide to us or generate through your use of the Website. This personal information is used for:

  • any specific purposes for which you provided it to us and related purposes;
  • the general operation of the Website, so that you can access and use the functions and services of the Website, and so we can monitor how users utilise the Website;
  • other purposes as otherwise notified to you; and
  • if you provide your contact details, to contact and communicate with you in relation to your use of the Website or our services.

 

9.3 If you don’t provide the information requested, we may not be able to provide all of the Website functionality or otherwise transact with you.

9.4 We may disclose the personal information we collect from or about you to our related entities and to our or their service providers and suppliers who provide us with (or help us to provide) the Website and our products and services.

9.5 Our Privacy Policy describes how SwitchCo collects, holds, uses and discloses personal information, whether we transfer personal information overseas, how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.

10. Jurisdiction

10.1 These Website Terms of Use are governed by the laws of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

10.2 We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

11. Contact

If you have any queries regarding these Website Terms of Use, please contact SwitchCo by email at info@switchco.com.au.