Terms Of Use

  1. 1. INTRODUCTION

    1. (a) This website is owned, operated and maintained by My Local Savings Pty Ltd ABN 44 167 770 425 trading as “frugl” (frugl).
    2. (b) By accessing or using this website you agree to be governed by these terms of use and this website’s Privacy Policy (collectively Terms). These Terms apply to all persons who access or use this website, including but not limited to registered users and subscribers.
    3. (c) These Terms may be modified from time to time and you should regularly review them.
    4. (d) Your continued use of this website and our services (including as a registered user and/or a subscriber) constitutes your agreement to these Terms and any modifications to them.
  2. 2. DESCRIPTION OF SERVICES

    1. (a) This website allows you to compare the prices of certain products from certain merchants. This website may also facilitate your purchase of certain products from those merchants by providing a technical connection to third party websites.
    2. (b) No products are directly sold by frugl through this website. frugl is not acting as an agent for any party, merchant or supplier and does not sell, re-sell or licence any products listed.
  3. 3. ACCESS

    1. 3.1 General access terms frugl reserves the right to restrict access to areas of this website or the whole of the website, at its discretion.
    2. 3.2 Registered users
      1. (a) frugl may require you to become a registered user before you can access certain areas of this website. Registered use requires no payment or disclosure of payment details. frugl reserves the right to alter or modify this (whether fully or in part) in the future.
      2. (b) You may become a registered user by completing the prescribed registration application. frugl will confirm your registration by sending you an email to your nominated email address. frugl reserves the right to reject any registration application at any time.
      3. (c) A username and password will be assigned to each registered user. A registered user must ensure that its username and password remains secure as a registered user is responsible for all use, activities and charges associated with its username and password.
      4. (d) Registered users must contact frugl immediately if they become aware of unauthorised use of their username and password.
      5. (e) frugl reserves the right to cancel a registered user’s account without notice or liability for any reason, although in most circumstances the registered user will be given notice as to the reason for cancellation. Cancellation of a registered user’s account will automatically cancel any related subscription.
    3. 3.3 Subscribers
      1. (a) frugl may require you to become a subscriber before you can access certain areas of this website. Subscribers must be registered users.
      2. (b) A registered user may become a subscriber by completing the prescribed subscription application. frugl will confirm your subscription and your subscription commencement date by sending you an email to your nominated email address. Registered users may initially subscribe on a weekly basis. frugl may introduce at its discretion an alternative annual subscription.
      3. (c) If you elect to become a subscriber, you agree to pay all fees and charges associated with your subscription on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance and are non-refundable. All such fees and charges (including any taxes, as applicable) will be charged to the payment method you provided when you elected to become a subscriber.
      4. (d) The recurring payment for the subscription term you have requested will be automatically charged by frugl every week or year in advance (once an annual subscription is offered), subject to the terms set out below, until such time as we are advised to stop.
      5. (e) Payment is to be made by automatic recurring weekly or annual (once an annual subscription is offered) payments via eWay and are, in addition to these Terms, subject to eWay’s terms and conditions.
      6. (f) frugl will not have access to your eWay account and any personal information that you provide to eWay (including but not limited to debit/credit card details), other than any personal information you provide directly to frugl.
      7. (g) You agree to maintain a valid payment method during the term of your subscription. Auto-renewing subscriptions require payment up to 3 days prior to the commencement of each billing period. If payment fails, we will attempt to notify you and request that you update your payment details through eWay. We will re-attempt payment several times.
      8. (h) The price of the subscription will be displayed at the time of purchase. All prices include GST unless otherwise specified.
      9. (i) frugl may amend the pricing schedule by giving 14 days prior notice to you. Once new pricing takes effect frugl may alter your automatic payment arrangements accordingly.
    4. 3.4 Additional restrictions frugl may restrict certain areas of this website to registered users and subscribers who are at least 18 years of age in order to comply with applicable statutory requirements.
    5. 3.5 Subscription Cancellations and Refunds
      1. (a) Your subscription will continue until cancelled by either you or frugl in accordance with these Terms.
      2. (b) You may cancel your subscription by clicking on the cancellation link inside your registered user profile.
      3. (c) Cancellations will take effect at the end of your current weekly subscription period.
      4. (d) Weekly subscribers will not be entitled to any refund of their weekly subscription if their subscription is cancelled.
      5. (e) Annual subscribers will only be entitled to a prorated refund for any unused weeks of their subscription term (other than the week in which the annual subscription is cancelled).
      6. (f) Cancellation of your subscription does not affect your status as a registered user (unless that is also cancelled).
  4. 4. TERMS OF USE

    1. 4.1 Use of this website
      1. (a) Subject to the restrictions set out in these Terms you may view; download for caching purposes only; and print pages from this website, for your own personal use.
    2. (b) You must not:
      1. (i) impersonate or otherwise misrepresent your identity (including but not limited to your age) or affiliation with any person or entity;
      2. (ii) by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of, or content contained on, this website;
      3. (iii) do anything that imposes an unreasonable or disproportionately large load on this website, or interferes or disrupts this website or any network or website connected to this website;
      4. (iv) breach the security of this website, test or scan the vulnerability of this website, or make any modifications to this website;
      5. (v) interfere with any other person’s use or enjoyment of this website;
      6. (vi) post, or transmit to this website any abusive, obscene, defamatory, or otherwise inappropriate material;
      7. (vii) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any of the content, or any part of the content, on this website, or to reproduce or separately store or use such content;
      8. (viii) use this website or its content in any way that is unlawful, illegal or breaches the rights of frugl or any third party; and
      9. (ix) use this website in any way that otherwise breaches these Terms.
    3. (c) frugl may disclose any information we may have about a user in relation to an investigation or allegation that your use of this website is in breach of these Terms, or is in breach of law or other regulation. frugl reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
    4. (d) You acknowledge that frugl has no obligation to monitor your access to or use of this website, but has the right to do so for the purpose of operating this website, or to ensure compliance with these Terms, or to comply with any law or order of a court.
  5. 5. USER CONTENT

    1. (a) In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
    2. (b) You grant to frugl a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to frugl the right to sub-license these rights, and the right to bring an action for infringement of these rights.
    3. (c) frugl reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
  6. 6. THIRD PARTY SITES

    1. (a) Your use of any third party site mentioned or described on this website or linked to or from this website is governed by the terms and conditions applicable to that third party site, including but not limited to price, payment and delivery terms.
    2. (b) Neither frugl nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from this website, or products or services of any third party organisations mentioned or described on this website or linked to or from this website. You acknowledge that you access and use any third party sites at your own risk and that frugl is not responsible for third party sites.
    3. (c) This website may contain advertisements for and information on third parties’ products and/or services. frugl is not responsible for the accuracy of all representations made by third parties. Neither frugl nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the products or services that may be advertised on this website, nor do they offer the products or services for sale or, to the fullest extent permitted by law, make any other representation whatsoever about them (including as to their availability and price). If you choose to order a product or service advertised by a third party on this website, you do so at your own risk and without reliance on frugl.
  7. 7. PROMOTIONS

    1. (a) frugl may from time to time run competitions, free prize draws and/or other promotions on the website (each a Promotion). Any such Promotion will be subject to additional terms and conditions that will be made available to you at the relevant time.
    2. (b) frugl may use the personal information you provide to frugl (including when you register as a registered user) for such Promotions.
    3. (c) frugl may also from time to time allow third parties to run Promotions on the webite (Third Party Promotions). It will always be clear whether a relevant promotion is a Promotion or a Third Party Promotion. Third Party Promotions will be run by third parties not under My Local Saving’s management or control. By entering or participating in any Third Party Promotion, you agree to be bound by the relevant terms and conditions of such Third Party Promotions provided by such third party.
    4. (d) frugl may, at any time and without notice, remove any Third Party Promotion from the website at any time and for any reason, without any liability to you or any third party.
  8. 8. INTELLECTUAL PROPERTY RIGHTS

    1. (a) Certain of the content on this website (including but not limited to copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs and other intellectual property) is owned, controlled by, or licensed to frugl. Nothing on this website should be construed as granting any licence or right for you to use that content.
    2. (b) This website also includes third party content and trademarks which are subject to third party terms and conditions of use. Nothing on this website should be construed as granting any licence or right for you to use that content.
    3. (c) Unless a director of frugl has agreed with you in writing to the contrary, frugl does not grant you any rights to use the content on this website for any purpose other than for your own personal non-commercial use in accordance with these Terms.
    4. (d) If you wish to use the content on this website for a purpose other than for your own personal non-commercial use, please contact frugl.
  9. 9. COOKIES

    1. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to frugl’s use of cookies in accordance with these Terms (including but not limited to the Privacy Policy).
  10. 10. INDEMNITY

    1. You agree to indemnify, defend, and hold harmless frugl and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from or in connection with your use of this website or your failure to comply with these Terms or from your violation of any applicable law (including but not limited to your use of this website as a registered user or subscriber).
  11. 11. LIMITATION OF LIABILITY

    1. (a) This website is provided by frugl on an “as is” basis without any express or implied warranty of any kind.
    2. (b) Notwithstanding paragraph 11(a), frugl does not warrant or guarantee and excludes any liability in respect of:
      1. (i) the accuracy or completeness of any information available on this website (including but not limited the price of any products displayed on this website or the availability of any products at any retail outlet);
      2. (ii) that access to this website will be uninterrupted or error free;
      3. (iii) that accessing a third party website through a technical connection from this website will be uninterrupted or error free;
      4. (iv) that users can complete transactions with third parties on a third party website mentioned or described on this website or linked to or from this website;
      5. (v) that any defects on this website will be corrected immediately; or (vi) that this website will be free from viruses or other contamination.
    3. (c) You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through this website, and you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using this website or the material on or accessible through this website (including but not limited to any third party website mentioned or described on this website or linked to or from this website).
    4. (d) Except where prohibited by law, frugl will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to your use of this website, including use or reliance on of any information on it. You use this website at your own risk.
    5. (e) You agree that all imagery of products on this website is a representation of those products and is only in addition of the description. frugl will not be liable for misinterpretation of the products based on the image shown.
    6. (f) You agree that you will not bring any claim personally against frugl’s officers or employees in respect of any losses you may suffer in connection with this website.
    7. (g) You agree that you are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of this website. frugl assumes no liability or responsibility for the payment of any charges you may incur.
    8. (h) You agree that all content on this website may be changed at the sole discretion of frugl without notice except that if frugl materially changes the content which you access as a subscriber so that the breadth or nature of the service you receive is materially altered, frugl will endeavour to contact you at least 7 days prior to effecting any such changes.
    9. (i) You agree that notwithstanding any Term to the contrary, the maximum aggregate liability that frugl may have to you is limited to an amount equal to the subscription price for one month to this website.
  12. 12. GOVERNING LAW

    1. These Terms are governed by the laws of Western Australia in Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of Western Australia.

  13. 13. GENERAL

    1. (a) If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.
    2. (b) Any failure by frugl to act or enforce these Terms immediately will not be considered a waiver of frugl’s right to take any such action.