Terms and Conditions
Last updated: 1st March 2010
Search and Win provides its services to you subject to the following Terms of Service. By using Search and Win's Search Services (the "Services"), you agree to be bound by the Terms of Service. Note that we may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time with or without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Rules for Search and Win Search Instant Win Competition
The rules for winning prizes change from time to time. Click here to review them.
Search and Win Friends
Search and Win Friends is designed to encourage you to invite people to use Search and Win. We encourage you to invite people you know via email, to invite people that visit your website and/or weblog via a Search and Win link, or to invite people via other user-friendly and legal practices. We do not encourage you to send email to people you do not know (i.e. spam) or to post your Search and Win Friends link in Internet communities where it may be considered a "spam" posting by members of that community. We reserve the right to disqualify and remove any Search and Win registrant for engaging in any action or practice that reflects poorly on Search and Win or otherwise disparages or devalues Search and Win's reputation or goodwill.
Content Linked to by Search and Win
This Web site may contain links to other Web sites that are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein. Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
No Automated Querying
You may not send automated queries of any sort to our site without express permission in advance from Search and Win. Note that "sending automated queries" includes, among other things, using any software which sends queries to our sites or "meta-searching."
Disclaimer of Warranties
Search and Win disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Services results. Search and Win disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Search and Win disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SEARCH AND WIN OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SEARCH AND WIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH THE SERVICES OR ADVERTISED ON THE SEARCH AND WIN WEB SITE OR RECEIVED THROUGH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR ADVERTISED ON THE SEARCH AND WIN WEB SITE OR RECEIVED THROUGH THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Laws in Case of Dispute
These Terms of Service and Search and Win services are governed by and to be interpreted in accordance with the laws of New South Wales and where applicable the laws of the Commonwealth of Australia and by participating in any service you submit to the jurisdiction of New South Wales.
Integration; Severability; General
These Terms of Service constitute the entire agreement between you and Search and Win, its parents, affiliates, and subsidiaries with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Search and Win.