RATEGOBLIN TERMS OF SERVICE

IMPORTANT: These Terms of Service are a working draft prepared for legal review. They should be reviewed and approved by a qualified lawyer before RateGoblin launches or accepts paying customers.

1. ABOUT THESE TERMS

1.1 These Terms of Service (Terms) govern access to and use of RateGoblin’s websites, applications, software, dashboards, alerts, monitoring tools, booking-upload tools, subscription features and related services (together, the Service).

1.2 By creating an account, starting a trial, purchasing a subscription, uploading booking information, using the Service, or otherwise indicating acceptance, you agree to these Terms.

1.3 If you use the Service on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity. In that case, “you” and “your” refer to that entity as well as the individual using the Service.

1.4 If you do not agree to these Terms, you must not use the Service.

1.5 These Terms form a legally binding agreement between you and [INSERT LEGAL ENTITY NAME AND ABN/ACN] trading as RateGoblin (RateGoblin, we, us or our).

2. DEFINITIONS

In these Terms:

Account means the account through which you access the Service.

Affiliate Link means a link or referral mechanism through which RateGoblin may receive a commission or other benefit if a user completes a transaction with a third party.

Booking means a hotel or accommodation reservation, proposed reservation or booking record that you submit, upload, enter, monitor or otherwise make available through the Service.

Booking Content means information relating to a Booking, including hotel name, dates, room type, occupancy, inclusions, cancellation terms, booking source, price, currency, confirmation details and uploaded documents.

Content means text, data, documents, files, images, information, links, communications and other material made available through the Service.

Monitoring means automated or manual processes used by RateGoblin to search for, compare, identify or assess publicly available or third-party hotel pricing and availability.

Opportunity means a potential lower-priced, better-value or otherwise relevant hotel rate identified by the Service.

Paid Plan means any paid subscription, package, add-on or usage-based product offered by RateGoblin.

Service Provider means a third party that helps us operate the Service, including hosting, database, authentication, security, payment, email, analytics and hotel-pricing providers.

User Content means Content that you upload, submit, transmit, enter, generate or otherwise make available through the Service.

3. NATURE OF THE SERVICE

3.1 RateGoblin provides software that helps users monitor hotel and accommodation pricing and identify potential savings opportunities.

3.2 RateGoblin is not a hotel, online travel agency, travel agent, booking intermediary, accommodation provider, payment agent for hotel bookings, insurer, financial adviser or legal adviser.

3.3 RateGoblin does not:

(a) make, amend, cancel or rebook accommodation on your behalf;

(b) hold rooms or guarantee availability;

(c) guarantee that a lower rate is the cheapest available rate;

(d) guarantee that a lower rate will remain available;

(e) guarantee that a hotel, booking platform or other provider will honour a rate;

(f) guarantee a refund, credit, cancellation, price match or successful rebooking;

(g) verify every term, restriction, tax, fee, inclusion or condition attached to a rate; or

(h) accept responsibility for your travel, booking or rebooking decisions.

3.4 The Service identifies potential Opportunities based on available information. You are solely responsible for checking the full terms of any rate before taking action.

3.5 You must confirm that any replacement rate is genuinely suitable before changing or cancelling an existing Booking. This includes checking room type, dates, occupancy, inclusions, taxes, fees, currency, deposit requirements, cancellation conditions, loyalty eligibility and any other relevant restrictions.

4. ELIGIBILITY

4.1 You must be at least 18 years old and have legal capacity to enter into a binding agreement.

4.2 You must not use the Service if you are prohibited from doing so under applicable law.

4.3 You may use the Service from countries around the world, subject to these Terms and any mandatory local laws that apply to you.

4.4 You are responsible for ensuring that your use of the Service is lawful in the country or territory where you access or use it.

5. ACCOUNTS

5.1 You must provide accurate, current and complete information when creating and maintaining your Account.

5.2 You must keep your login credentials secure and confidential.

5.3 You are responsible for all activity conducted through your Account, including activity by anyone who accesses the Account using your credentials.

5.4 You must notify us promptly if you become aware of unauthorised access, suspected compromise or misuse of your Account.

5.5 Unless we expressly permit otherwise, Accounts are personal to the registered user and may not be sold, transferred, shared or sublicensed.

5.6 We may require identity, payment or authority verification where reasonably necessary for security, fraud prevention, legal compliance or account recovery.

6. PLANS, USAGE LIMITS AND FEATURES

6.1 The features, limits, pricing, monitoring frequency and inclusions available to you depend on your selected plan.

6.2 Plan limits may include limits on active Bookings, searches, monitoring frequency, uploaded documents, alerts, history, analytics, support or other features.

6.3 Details displayed on our pricing or checkout pages form part of these Terms to the extent they apply to your purchase.

6.4 We may introduce, change, rename, bundle, limit or retire plans and features. If a change materially reduces the core functionality of a current Paid Plan, we will provide reasonable advance notice where practicable. Any price increase will normally take effect from your next renewal after the notice period, unless a different timing is required by law or agreed with you.

6.5 Add-ons, packs, credits or increased limits may be subject to separate pricing, expiry, usage restrictions or additional terms disclosed at purchase.

6.6 Unused plan capacity, searches, monitoring slots, credits or add-ons do not carry forward unless we expressly state otherwise.

7. BOOKINGS AND USER RESPONSIBILITIES

7.1 You are responsible for providing accurate and complete Booking Content.

7.2 Incorrect, incomplete, outdated or ambiguous Booking Content may cause the Service to return inaccurate, irrelevant or incomplete results.

7.3 You must have the right to upload and use all Booking Content you provide.

7.4 You must not upload unnecessary sensitive information. Where possible, you should remove or obscure information not required for Monitoring, including passport details, payment card details, government identification numbers and health information.

7.5 You must not upload documents or information relating to another person unless you are authorised to do so.

7.6 You remain responsible for complying with the terms of your original Booking and any replacement Booking.

8. MONITORING AND SEARCH RESULTS

8.1 RateGoblin may use automated searches, third-party data sources, public websites, search providers, hotel websites, online travel agencies, affiliate partners and other data sources to perform Monitoring.

8.2 Hotel pricing and availability may vary due to factors including:

(a) taxes, resort fees and service charges;

(b) currency and exchange-rate movements;

(c) location, device, browser or account status;

(d) loyalty, member, corporate, package, mobile-only or targeted rates;

(e) occupancy, age of guests and room configuration;

(f) inclusions, meal plans, cancellation terms and payment conditions;

(g) inventory and availability changes;

(h) errors or delays in third-party data; and

(i) differences between displayed prices and final checkout prices.

8.3 Monitoring is not continuous unless expressly stated. Searches occur according to your plan, product settings and system availability.

8.4 The Service may not detect every available rate or Opportunity.

8.5 An Opportunity may disappear, change or become unavailable before you act.

8.6 A “match”, “excellent match”, “better rate”, “potential saving” or similar label is a software assessment only. It is not a guarantee that the rate is identical, superior or suitable.

8.7 You must independently verify every Opportunity before cancelling, amending or replacing an existing Booking.

9. SAVINGS, THRESHOLDS AND CALCULATIONS

9.1 The Service may allow you to set a savings threshold globally or for individual Bookings, depending on your plan.

9.2 Opportunities below your selected threshold may not be displayed or notified.

9.3 Savings calculations may be estimates and may not include all taxes, fees, exchange-rate differences, payment charges, non-refundable amounts or incidental costs.

9.4 Where prices are displayed in different currencies, conversions may be based on third-party exchange-rate data and may differ from the amount ultimately charged by your bank, card issuer, hotel or booking provider.

9.5 RateGoblin does not guarantee any level of savings. Past savings do not indicate future results.

10. ALERTS AND COMMUNICATIONS

10.1 The Service may provide alerts by email, in-app message, push notification or other electronic means.

10.2 You are responsible for keeping your contact information current and configuring your devices, email systems and spam filters to receive alerts.

10.3 We do not guarantee that any alert will be delivered, received or read at a particular time.

10.4 You should not rely on RateGoblin as the sole means of tracking cancellation deadlines, payment deadlines, travel dates or other time-sensitive obligations.

10.5 Service messages, billing notices, legal notices and security messages are not marketing communications and may be sent where necessary to operate the Service or comply with law.

11. THIRD-PARTY SERVICES AND INFRASTRUCTURE

11.1 The Service depends on third-party infrastructure and Service Providers, which may include authentication, database, hosting, security, payment, email, analytics, search and hotel-pricing services.

11.2 These third-party services may be unavailable, delayed, inaccurate, changed, restricted or discontinued without our control.

11.3 RateGoblin is not responsible for third-party outages, restrictions, acts, omissions, terms, content, pricing, security incidents or service changes, except to the extent liability cannot be excluded by law.

11.4 Your use of third-party websites or services is governed by their own terms and privacy practices.

11.5 We may replace, add or remove Service Providers where reasonably necessary to operate, secure or improve the Service.

12. THIRD-PARTY LINKS AND AFFILIATE RELATIONSHIPS

12.1 The Service may contain links to hotels, booking platforms, online travel agencies or other third parties.

12.2 Some links may be Affiliate Links. If you use an Affiliate Link and complete a transaction, RateGoblin may receive a commission or other benefit.

12.3 Affiliate relationships do not make RateGoblin the seller, supplier, booking agent or contracting party for the third-party product or service.

12.4 We do not guarantee the accuracy, availability, quality, legality or suitability of third-party products, services, websites or offers.

12.5 Where required, affiliate relationships will be disclosed in a reasonably clear manner.

13. SUBSCRIPTIONS AND BILLING

13.1 Paid Plans are billed in advance on the billing cycle shown at checkout.

13.2 Unless otherwise stated, subscriptions renew automatically until cancelled.

13.3 By purchasing a Paid Plan, you authorise us and our payment processor to charge the applicable fees, taxes and other disclosed amounts using your selected payment method.

13.4 You must provide valid and current billing information.

13.5 Prices may be displayed and charged in Australian dollars or another currency shown at checkout.

13.6 Your financial institution or payment provider may charge additional currency-conversion, international transaction or other fees. RateGoblin is not responsible for those charges.

13.7 Taxes, including GST, VAT, sales tax or similar taxes, may be added where required by law.

13.8 If your payment fails, we may retry payment, restrict features, suspend Monitoring, downgrade your Account or terminate your Paid Plan.

13.9 You remain responsible for amounts properly incurred before cancellation or termination.

14. TRIALS, PROMOTIONS AND DISCOUNTS

14.1 We may offer free trials, discounts, promotional plans or credits.

14.2 Eligibility, duration, limits and conversion terms will be disclosed with the offer.

14.3 Unless otherwise stated, a trial may automatically convert to a Paid Plan at the end of the trial period if payment details were provided and you do not cancel before the trial ends.

14.4 We may modify, withdraw or refuse a promotion where reasonably necessary to prevent abuse, fraud or error.

14.5 Trials, discounts and promotional credits have no cash value unless required by law.

15. CANCELLATION, DOWNGRADES AND REFUNDS

15.1 You may cancel a Paid Plan through your Account or by another method we make available.

15.2 Cancellation stops future renewals. Unless required by law or expressly stated otherwise, you will retain access until the end of the current paid billing period.

15.3 Fees already paid are non-refundable except where required by applicable consumer law or under our Refund and Cancellation Policy.

15.4 Downgrading may reduce features, Booking limits, Monitoring frequency, data access or functionality.

15.5 You are responsible for exporting or recording information you wish to retain before cancellation, downgrade or Account deletion, where export functionality is available.

15.6 Nothing in these Terms excludes any right to a refund, replacement or other remedy that cannot lawfully be excluded.

16. CHARGEBACKS AND PAYMENT DISPUTES

16.1 You should contact us first if you believe a charge is incorrect.

16.2 We encourage you to contact us before initiating a chargeback or payment dispute so we have a reasonable opportunity to investigate and resolve the issue. Nothing in this section limits any right you have under applicable law or the rules of your payment provider.

16.3 We may temporarily restrict paid features while a payment dispute is investigated where reasonably necessary to prevent fraud, duplicate refunds or continuing unpaid use. We will not restrict access solely because you exercise a lawful consumer right.

16.4 Fraudulent or abusive chargebacks may result in termination and recovery of reasonable costs, to the extent permitted by law.

17. USER CONTENT

17.1 You retain ownership of your User Content.

17.2 You grant RateGoblin and its Service Providers a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, analyse and use your User Content only to:

(a) provide and operate the Service;

(b) perform Monitoring and generate results;

(c) secure, troubleshoot and support the Service;

(d) comply with law and enforce these Terms; and

(e) improve the Service, subject to our Privacy Policy and any applicable legal restrictions.

17.3 You represent that you have all rights and permissions necessary to provide User Content and grant this licence.

17.4 We may remove or restrict User Content that we reasonably believe is unlawful, harmful, infringing, fraudulent, unsafe or inconsistent with these Terms.

18. AGGREGATED AND DE-IDENTIFIED DATA

18.1 We may generate aggregated, statistical or de-identified data from use of the Service and Booking Content.

18.2 We may use and retain that data to operate, analyse, improve and develop RateGoblin, understand hotel-pricing trends, produce benchmarks and support business planning.

18.3 We will not treat information as de-identified where it can reasonably be linked back to an identifiable individual.

18.4 Our handling of personal information is governed by the Privacy Policy.

19. PRIVACY AND DATA PROTECTION

19.1 Our Privacy Policy explains how we collect, use, store, disclose and protect personal information.

19.2 By using the Service, you acknowledge that personal information may be processed in Australia and in other countries where RateGoblin or its Service Providers operate.

19.3 Privacy rights vary by jurisdiction. Where mandatory privacy laws apply to you, we will provide the rights and protections required by those laws.

19.4 You are responsible for ensuring that personal information you provide about another person has been lawfully collected and disclosed to us.

19.5 The Service is not intended for storing highly sensitive personal information unless we expressly agree otherwise.

20. SECURITY

20.1 We use reasonable administrative, technical and organisational measures designed to protect the Service and personal information. Security is a shared responsibility: we are responsible for the controls we operate, while our Service Providers are responsible for the infrastructure and controls they operate, and you are responsible for securing your Account, devices and credentials.

20.2 No online service, transmission method or storage system is completely secure. We cannot guarantee absolute security.

20.3 You must use reasonable security practices, including strong passwords, protecting your devices and promptly reporting suspected unauthorised access.

20.4 You must not attempt to bypass authentication, access controls, rate limits, security measures or technical restrictions.

21. ACCEPTABLE USE

21.1 You must not use the Service to:

(a) break any law or regulation;

(b) infringe intellectual property, privacy, confidentiality or other rights;

(c) upload malicious code, malware or harmful content;

(d) gain unauthorised access to systems, accounts or data;

(e) interfere with or disrupt the Service;

(f) scrape, crawl, harvest or extract data except through functionality we expressly permit;

(g) reverse engineer, decompile or attempt to discover source code, except where such restriction is prohibited by law;

(h) evade usage limits, monitoring limits, payment obligations or technical controls;

(i) resell, sublicense, white-label or commercially exploit the Service without written permission;

(j) use bots or automated methods to create Accounts or abuse trials, promotions or pricing;

(k) impersonate another person or misrepresent your identity or authority;

(l) submit false, fraudulent or misleading Booking Content; or

(m) use the Service in a way that creates unreasonable risk, load, cost or harm.

21.2 We may investigate suspected misuse and take proportionate action, including warnings, restrictions, suspension or termination.

22. INTELLECTUAL PROPERTY

22.1 RateGoblin and its licensors own all rights in the Service, including software, databases, designs, interfaces, branding, logos, trade marks, graphics, text, documentation, processes and technology.

22.2 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Service for its intended purpose during the term of your Account.

22.3 No ownership rights are transferred to you.

22.4 You must not copy, modify, distribute, sell, lease, publish, reproduce or create derivative works from the Service except as expressly permitted by law or written agreement.

22.5 “RateGoblin”, the RateGoblin logo, brand assets and associated names and designs are owned by or licensed to RateGoblin. You may not use them without prior written permission.

23. FEEDBACK

23.1 If you provide ideas, suggestions, requests or feedback about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free and transferable licence to use and incorporate that feedback without restriction or compensation.

23.2 This clause does not give us ownership of your User Content or personal information.

24. BETA, TEST AND EARLY-ACCESS FEATURES

24.1 We may offer features identified as beta, preview, test, pilot, experimental or early access.

24.2 Those features may be incomplete, inaccurate, unstable, changed or withdrawn at any time.

24.3 You use beta or test features at your own risk.

24.4 Unless prohibited by law, we make no commitment that beta features will become generally available or continue in their current form.

25. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURES

25.1 The Service may use automated decision-support, machine learning or artificial intelligence features to classify, summarise, compare or prioritise information.

25.2 Automated outputs may be incomplete, inaccurate or unsuitable for your circumstances.

25.3 You must independently review important outputs before relying on them.

25.4 RateGoblin does not guarantee that automated outputs are unique, error-free or free from third-party material.

25.5 We will not use identifiable Booking Content to train a general-purpose artificial intelligence model unless we clearly disclose that use and obtain any consent required by law. Any feature-specific data use will be described in our Privacy Policy or a clear notice presented with the relevant feature.

26. SERVICE AVAILABILITY AND CHANGES

26.1 We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability.

26.2 We may suspend, limit or interrupt the Service for maintenance, security, legal, operational or technical reasons.

26.3 We may modify or discontinue features where reasonably necessary.

26.4 We are not liable for delay or failure caused by events beyond our reasonable control, including internet failures, cloud-service outages, cyber incidents, industrial action, natural disasters, war, civil unrest, government action, epidemics or failures of third-party providers.

27. SUSPENSION AND TERMINATION

27.1 You may stop using the Service and close your Account at any time, subject to any outstanding payment obligations.

27.2 We may suspend, restrict or terminate your Account if:

(a) you breach these Terms;

(b) payment is overdue or repeatedly fails;

(c) we reasonably suspect fraud, abuse or unlawful activity;

(d) your use creates security, legal, operational or reputational risk;

(e) we are required to do so by law; or

(f) continuing to provide the Service is no longer commercially or technically practical.

27.3 Where reasonable, we will provide notice and an opportunity to remedy the issue before termination. We may act immediately where necessary to protect users, data, systems or third parties.

27.4 On termination, your right to use the Service ends.

27.5 Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, liability limits, indemnities and dispute provisions.

28. ACCOUNT DELETION AND DATA RETENTION

28.1 You may request Account deletion through functionality we provide or by contacting us.

28.2 When an Account is deleted, personal information and identifiable Booking Content will be handled in accordance with our Privacy Policy and data-retention practices.

28.3 We may retain information where reasonably necessary for legal compliance, fraud prevention, dispute resolution, security, accounting, backup integrity or enforcement of these Terms.

28.4 Aggregated or properly de-identified information may be retained after Account deletion.

28.5 Deletion from backup systems may occur over a reasonable period rather than immediately.

29. CONSUMER RIGHTS

29.1 Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

29.2 If you are an Australian consumer, the Australian Consumer Law may give you rights and remedies that apply in addition to these Terms.

29.3 If you are located outside Australia, mandatory consumer laws in your country or region may also apply, including rights relating to digital services, automatic renewals, cancellation, cooling-off periods and refunds.

29.4 To the extent permitted by law, where the Service fails to comply with a non-excludable guarantee and the failure is not major, our liability may be limited, at our option, to resupplying the Service or paying the cost of having the Service supplied again.

30. DISCLAIMERS

30.1 To the maximum extent permitted by law, the Service is provided “as is” and “as available”.

30.2 We do not warrant that:

(a) the Service will meet every requirement;

(b) Monitoring will identify every Opportunity;

(c) information will always be complete, accurate or current;

(d) alerts will always be delivered on time;

(e) the Service will be uninterrupted, secure or error-free;

(f) third-party links, rates or offers will remain available; or

(g) use of the Service will result in savings.

30.3 You assume responsibility for all decisions made using information from the Service.

31. LIMITATION OF LIABILITY

31.1 Nothing in these Terms limits liability that cannot be limited under applicable law.

31.2 To the maximum extent permitted by law, RateGoblin is not liable for indirect, incidental, special, exemplary, punitive or consequential loss, including loss of profit, revenue, opportunity, goodwill, data, anticipated savings or travel arrangements.

31.3 To the maximum extent permitted by law, RateGoblin is not liable for losses arising from:

(a) missed or inaccurate Opportunities;

(b) a decision to cancel, amend or rebook accommodation;

(c) loss of an existing rate, deposit or reservation;

(d) hotel or third-party conduct;

(e) taxes, fees, exchange rates or payment-provider charges;

(f) third-party outages, data errors or service restrictions;

(g) unauthorised Account access caused by your failure to secure credentials; or

(h) events beyond our reasonable control.

31.4 To the maximum extent permitted by law, RateGoblin’s total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of:

(a) the amount you paid to RateGoblin during the 12 months immediately before the event giving rise to the claim; and

(b) AUD $100.

31.5 The limitations in this section apply regardless of the legal basis of the claim and even if a remedy fails of its essential purpose.

32. INDEMNITY

32.1 To the extent permitted by law, you indemnify RateGoblin and its officers, employees, contractors and agents against claims, losses, liabilities, costs and expenses arising from:

(a) your unlawful or unauthorised use of the Service;

(b) your User Content;

(c) your breach of these Terms;

(d) your infringement of another person’s rights; or

(e) a dispute between you and a hotel, booking platform or other third party.

32.2 This indemnity does not apply to the extent the loss was caused by RateGoblin’s negligence, unlawful conduct or breach of these Terms.

33. INTERNATIONAL USERS

33.1 RateGoblin is operated from Australia and is intended for use by customers in multiple countries.

33.2 We do not represent that the Service is appropriate, available or lawful in every jurisdiction.

33.3 You are responsible for local laws, taxes, exchange controls, sanctions, import or export restrictions and other requirements that apply to your use.

33.4 If mandatory laws in your country or region give you rights that conflict with these Terms, those mandatory rights prevail to the extent of the conflict. These Terms do not require you to waive rights that cannot lawfully be waived, including applicable cancellation, cooling-off, refund, privacy or consumer-protection rights.

33.5 Language translations may be provided for convenience. Unless prohibited by law, the English version prevails if there is a conflict or inconsistency.

34. EXPORT CONTROLS AND SANCTIONS

34.1 You must not use the Service in breach of applicable trade controls, export laws or sanctions.

34.2 You represent that you are not prohibited from receiving the Service under applicable sanctions or restricted-party laws.

34.3 We may suspend or terminate access where reasonably necessary to comply with trade restrictions or legal obligations.

35. ELECTRONIC COMMUNICATIONS

35.1 You agree to receive agreements, notices, disclosures, invoices and other communications electronically.

35.2 Electronic communications satisfy any requirement that communications be in writing, subject to rights that cannot be waived.

35.3 You are responsible for maintaining access to the email address associated with your Account.

36. CHANGES TO THESE TERMS

36.1 We may update these Terms from time to time.

36.2 If a change materially affects your rights or obligations, we will generally provide at least 30 days’ advance notice by email, Account notification or a prominent notice on the Service, unless a shorter period is reasonably necessary for legal, regulatory, security or fraud-prevention reasons.

36.3 Changes may take effect immediately where required by law, for security reasons, to prevent abuse or to address a new feature that does not materially reduce your rights.

36.4 Continuing to use the Service after revised Terms take effect means you accept the revised Terms.

36.5 If you do not agree to a material change, you may stop using the Service and cancel your subscription before the change takes effect.

37. DISPUTES AND COMPLAINTS

37.1 Before starting formal proceedings, you and RateGoblin agree to make a genuine attempt to resolve the dispute informally.

37.2 You may contact us at hello@rategoblin.com with details of the issue and the resolution sought.

37.3 Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief.

37.4 Nothing in this section limits any right to complain to a regulator, consumer authority, privacy authority or payment provider where permitted by law.

38. GOVERNING LAW AND JURISDICTION

38.1 These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles.

38.2 Subject to mandatory laws and the dispute process above, the courts of Victoria, Australia have exclusive jurisdiction.

38.3 If mandatory consumer law allows you to bring a claim in your home jurisdiction, this section does not remove that right.

39. GENERAL TERMS

39.1 Entire agreement. These Terms, together with the Privacy Policy, Refund and Cancellation Policy, Cookie Policy, Acceptable Use Policy and any product-specific terms, form the entire agreement between you and RateGoblin regarding the Service.

39.2 Priority. If product-specific terms conflict with these Terms, the product-specific terms apply to that product to the extent of the conflict.

39.3 Assignment. You may not assign or transfer your rights or obligations without our written consent. We may assign these Terms as part of a restructure, financing, sale, merger or transfer of the business or Service.

39.4 Severability. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in effect.

39.5 No waiver. A failure to enforce a provision is not a waiver of that provision or any other right.

39.6 No partnership. These Terms do not create a partnership, joint venture, employment, fiduciary or agency relationship between you and RateGoblin.

39.7 Third-party rights. Unless expressly stated, no person other than you and RateGoblin has rights under these Terms.

39.8 Headings. Headings are for convenience only and do not affect interpretation.

39.9 Survival. Provisions intended by their nature to survive termination will continue to apply.

40. CONTACT

Questions, complaints or legal notices may be sent to:

RateGoblin

[INSERT LEGAL ENTITY NAME]

ABN/ACN: [INSERT]

Registered address: [INSERT]

Email: hello@rategoblin.com

By creating an Account or using the Service, you acknowledge that you have read, understood and agreed to these Terms of Service.