Welcome to What’s My Claim Worth, which is operated by What Group Pty Ltd trading as What’s My Claim Worth (ACN 626 633 896) (we, us or our).
By using the What’s My Claim Worth website, services or any applications made available by us (Services), you agree to be bound by these Terms of Use.
We may, on notice to you, change these Terms of Use. Your continued use of the Services following any changes indicate your acceptance of the changes. These Terms of Use do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
1. Services
1.1. The Services are for users interested in obtaining an estimate of what their super claim is worth. You must be a genuine bona fide website user over the age of 18 years to use the Services.
1.2. You will access the Services in accordance with:
(a) these Terms of Use; and
(b) our reasonable directions and all applicable laws.
1.3. You agree that your use of the Services is at your own risk.
1.4. We do not offer legal, financial, investment or other advice. None of the Services constitutes legal, financial, investment or other advice by us in relation to any good or service.
1.5. Your access to the Services may be terminated by us at any time, without notice, for whatever reason. You must not, in any way, access the Services after termination. The disclaimers, limitation of liability and indemnity provisions in these Terms of Use will survive the termination of your access. Any licenses or other rights you granted to us will also survive termination of that access.
2. Acceptable Use
You must not and will not permit a third party too:
(a) use the Services for commercial purposes (including for your competitive advantage or to our competitive disadvantage);
(b) use the Services in any manner that is inconsistent with the purpose for which the Services are provided;
(c) impersonate and person or entity;
(d) copy, modify, or create derivative works based on the content available on or through the Services;
(e) infringe the intellectual property rights, privacy or confidentiality of any third party;
(f) engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
(g) interfere or disrupt the Services, servers or networks connected to the Services or another person’s use of the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
3. Intellectual property rights
3.1. We own, or are the licensee of, the intellectual property rights in the content available via the Services, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties.
3.2. You must not (without our consent):
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the site;
(b) use our name, logo and other trade marks, service marks, graphics, and logos or any third-party trade marks appearing on the site; and
(c) create links to the Services.
3.3. The parties agree we will own any intellectual property rights arising from any suggestions or feedback you provide to us.
4. Linked Websites
4.1. The Services may contain links to third-party websites, products, and services.
4.2. The Services are intended to be used for research purposes, but we are not able to bind any third-party provider. Accordingly, nothing available through the Services amounts to an offer by us or any third-party provider to:
(a) provide and goods or services to you; or
(b) enter into any contract with you.
4.3. We do not make any representations or warranties in relation to, and we exclude all liability from, third party websites, products and services.
5. Security
5.1. Whilst we take reasonable steps to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us.
5.2. We are not responsible for any of the privacy or security practices of any of the users of the Services, or any businesses advertised on the site.
5.3. Any information which you transmit to us or to any registered subscriber is transmitted at your own risk. We are not responsible or liable with respect to any communications or transactions between you and any third party that you contact as a result of accessing or using the Services.
6. Reliance
6.1. We make no representations, and provide no warranties of any kind, including:
(a) personal recommendations, suggestions or advice about the suitability of a good or service for you and your needs, and does not take into account your individual circumstances;
(b) as to the options, goods or services available, our Services are not representative of all goods or services available in the market;
(c) as to the quality, accuracy or suitability of any goods or services that may be provided by any businesses who are profiled, listed or advertised via the Services, or by any other third party referred or suggested to you as a direct or indirect result of your use of the site;
(d) that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion; or
(e) that any information or other content posted by us or by third parties is complete, accurate, verified, audited, adequate, reliable, up-to-date, or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and third-party content.
6.2. You should not rely on content (including information supplied by third parties) as being accurate and up to date. Before acting on the information and guidance provided by us, you should evaluate your own individual needs, objectives and situation and which goods or services are suitable for you, and if necessary seek independent legal or other advice before making a decision
7. Liabilty
7.1. Your use of the Services is entirely at your own risk. None of the information provided through the Services is in the nature of advice.
7.2. To the extent permitted by law:
(a) the Services and all third-party content available to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and
(b) we are not liable for any direct, indirect loss or Consequential Loss resulting from:
(i) any action taken or reliance made by you on any information or other third-party content available to you through the Services;
(ii) any unauthorised access of or breach of security to the Services for whatever reason;
(iii) any error, faults, omissions, inaccuracies or misrepresentation in relation to the Services and their content;
(iv) the transmission of any virus; or
(v) your use of the Services.
7.3. Where a mandatory term or consumer guarantee is implied by law, our liability for breach of such a term or consumer guarantee is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.
7.4. In this clause 8, “Consequential Loss” includes losses which do not arise naturally from a breach of contract in the usual course, loss of profits, loss of revenue, loss of data, lost production, loss of business, loss of the benefit of any contract or other agreement or arrangement, death or personal injury, damage to health, damage to reputation, and legal costs.
8. General
8.1. If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
8.2. A failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision.
8.3. We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
8.4. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.
8.5. These Terms of Use constitute the entire agreement between the parties, with all other agreements or understandings previously existing between you and us hereby replaced.
8.6. The Services or content made available on or through the Services, are not intended for distribution to, or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. We may limit the availability of the Services or content, or any part of, to any person, geographic area, or jurisdiction at any time.
8.7. Nothing in these Terms of Use should be read to override or circumvent any laws of a foreign jurisdiction. All Services or content made available through the Services are void where prohibited.
8.8. These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales to resolve any dispute or claim arising from these Terms of Use.
