1. Opinion Compare ("Community") is managed by The Interpreters at 105/1 Silver St, Collingwood, VIC 3066 or email us at hello@theinterpreters.com.au
2. The Interpreters may amend these Terms and Conditions at any time by posting changes online. As a member it is your responsibility to review these Terms and Conditions regularly to ensure you are aware of any changes made by The Interpreters. Your continued use of this Community after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use this website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any this website content except for your own personal, non-commercial use. Any other use of this website content requires the prior written permission of The Interpreters.
4. You agree to use this website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this website.
5. You must be 18 years of age or older to register with the Community.
6. You undertake that all information you give in relation to the website will be as accurate as possible. Providing false information could lead to being disqualified from the Community and any incentives earned revoked.
7. You will be responsible for ensuring that any and all details held about you by The Interpreters (including your email address) are kept up-to-date and correct. Failure to do so could result in being excluded from the Community.
8. The content of this website, including the information, names, images, pictures, logos and icons regarding or relating to The Interpreters, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9. Under no circumstances will The Interpreters be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.
10. The Interpreters does not warrant that functions contained in this website content will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.
11. The names, images and logos identifying The Interpreters or third parties and their products and services are subject to copyright, design rights and trade marks of The Interpreters and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of The Interpreters or any other third party.
12. Where you make any contribution to this website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, that all intellectual property rights subsisting in that contribution shall be automatically assigned to The Interpreters upon submission to the website; The Interpreters shall become the absolute owner of that contribution and all your proprietary rights shall be immediately extinguished.
By submitting a contribution to the website you shall also irrevocably waive all moral rights that might subsist in that contribution under the Copyright Designs and Patents Act 1988 (and all similar rights in other jurisdictions).
“intellectual property rights” shall include patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
13. Further to paragraph 12, by submitting your contribution to this website, you warrant that your contribution:
I. is your own original work and that you have the right to make it available to The Interpreters for all the purposes specified above;
II. is not defamatory; and
III. does not infringe any law; and
IV. indemnify The Interpreters against all legal fees, damages and other expenses that may be incurred by The Interpreters as a result of your breach of the above warranty;
and
I. waive any moral rights in your contribution for the purposes of its submission to and publication on this website and the purposes specified above.
You acknowledge that during the course of using the website and participating in the Community you shall receive confidential information concerning the business, affairs, customers, clients or suppliers of The Interpreters or of any member of the group of companies to which The Interpreters belongs (the “Confidential Information”).
You undertake that you shall not, at any time, disclose to any person the Confidential Information except as permitted by the paragraph below.
You may disclose the Confidential Information as may be required by law, court order or any governmental or regulatory authority.
You shall not use the Confidential Information for any purpose other than to participate in the Community or perform your obligations under this agreement.
15. If there is any conflict between these terms and specific terms appearing elsewhere on this website then the latter shall prevail.
16. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17. These terms shall be governed by and interpreted in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand courts.
18. Each Party warrants and undertakes that it (and its sub-contractors and agents if any) shall duly observe its obligations under the Data Protection Act 1998 ("DPA") and any superseding or amending legislation and all other current data protection legislation which is relevant to performance of its obligations under this Agreement.
This obligation requires:
19. That Customer Personal Data shall only be used to fulfil The Interpreters (and/or The Interpreters sub-contractors' and agents') obligations under this Agreement and shall be processed only in accordance with this Agreement or as otherwise instructed by the Customer and The Interpreters shall not disclose the Customer Personal Data to any unauthorised party whatsoever. For the avoidance of doubt, The Interpreters shall not use the Customer Personal Data for any commercial or marketing purposes whatsoever;
I. That The Interpreters (and The Interpreters sub-contractors and/or agents, if any) keep the Customer Personal Data secure at all times and shall take such technical and organisational security measures against unauthorised and unlawful processing of, accidental loss of, destruction of or damage to the Customer Personal Data as may be required to ensure a level of security appropriate to the harm that might result from such processing, loss, destruction or damage and the nature of the Customer Personal Data to be protected;
II. That the Customer Personal Data shall only be disclosed to those personnel, subcontractors and agents that are reasonably required to have access to the Customer Personal Data pursuant to their respective obligations under this Agreement provided that The Interpreters shall apprise any such personnel, sub-contractor or agent of the terms of this Clause 6 and The Interpreters shall be responsible for ensuring that any such employee, sub-contractor or agent complies with all relevant obligations contained in this Clause 6 and all current data protection legislation;
III. That The Interpreters shall not (and shall ensure that The Interpreters sub-contractors and agents shall not) process the Customer Personal Data outside of Australia or New Zealand without the express prior written consent of the Customer, and where the Customer consents to such processing to comply with any reasonable instructions notified by the Customer to The Interpreters including (without limitation and where the Customer requires) entering into (or procuring that its sub-contractors or agents enter into) such contractual provisions as the Customer may reasonably request so as to satisfy the Eighth Data Protection Principle as set out in the DPA; and
IV. That The Interpreters shall not (and shall procure that no sub-contractor or agent shall not) retain the Customer Personal Data or any copies or records thereof for longer than is reasonably necessary to perform The Interpreters obligations under this Agreement and shall if so required return the Customer Personal Data to the Customer upon termination or expiry of this Agreement.
20. The Interpreters agree to provide (and shall procure that The Interpreters sub-contractors or agents provide) the Customer with all reasonable cooperation and assistance in relation to any complaint or request received in relation to the Customer Personal Data, including (without limitation) notifying the Customer as soon as possible of any complaint or query received by The Interpreters relating to the Customer Personal Data.
These Terms and Conditions were last revised on October 2018.
