These Terms & Conditions apply to the KitchenCompare website, comparison service, customer accounts, retailer accounts, supplier accounts and related KitchenCompare services.
KitchenCompare is operated by DonutLabs Digital Marketing, ABN 98 049 751 815 ("KitchenCompare", "we", "us" or "our").
01Agreement to these terms
Using KitchenCompare means accepting these terms. Businesses that create or claim an account also agree to the business-specific terms below.
By accessing or using KitchenCompare, you agree to these Terms & Conditions and our Privacy Policy.
If you create, claim or operate a retailer, supplier or other business account, you also agree to the provisions in these Terms that apply to Business Members.
If you do not agree to these Terms, you must not use KitchenCompare.
We may update these Terms from time to time.
Where a change materially affects a paid Business Member, we will give at least 30 days' notice by email to the account contact before the change takes effect.
A paid Business Member who does not accept a change that substantially disadvantages it may cancel its membership before the change takes effect and receive a refund of the unused portion of any fees it has already paid.
Changes required by law, security requirements or to prevent misuse may take effect sooner where reasonably necessary, and we will tell the Business Member why.
Paid membership continues month to month until it is cancelled. Cancellation takes effect at the end of the current paid period. No membership fee is charged without an invoice being issued first.
02What KitchenCompare is
KitchenCompare is an independent commercial kitchen equipment comparison and information service. We are not the seller.
KitchenCompare helps users research and compare commercial kitchen equipment available from Australian retailers.
We identify and match retailer listings to products and model or SKU identifiers and display available comparison information.
KitchenCompare is not a retailer, wholesaler, manufacturer or distributor of the products displayed on the site.
Unless expressly stated otherwise, we do not sell equipment and we are not a party to transactions between users and retailers.
KitchenCompare may earn revenue from:
- retailer and supplier memberships;
- advertising and sponsored placements;
- quote enquiry services;
- promotional services;
- analytics and other business services;
- finance referrals or other disclosed commercial arrangements.
These commercial relationships do not affect the ordering of organic price comparison results.
03Independently collected comparison data
We collect publicly available factual listing information so customers can compare products.
KitchenCompare may independently collect factual information from publicly accessible retailer and supplier websites.
This may include:
- retailer or supplier identity;
- website or source URL;
- product SKU or model identifier;
- the product title or listing name used by that retailer;
- publicly advertised price;
- advertised availability or stock status;
- the product category, type or tags applied by that retailer;
- product specification information;
- listing text and image references published on the listing;
- the date and time information was checked;
- product matching and comparison information created by KitchenCompare.
KitchenCompare may match this information against its own product database to identify equivalent products listed by different retailers.
The fact that a retailer, supplier or manufacturer is displayed on KitchenCompare does not necessarily mean that business has a commercial relationship with, has endorsed, or is affiliated with KitchenCompare.
Businesses do not need to be KitchenCompare members to appear in organic comparison results.
KitchenCompare may continue to independently collect and display lawfully available factual comparison information regardless of whether a retailer or supplier has a KitchenCompare account.
04Pricing information and accuracy
Prices are a research aid, not an offer. Always confirm the final deal with the retailer.
Prices displayed by KitchenCompare are based on retailer information available when we last checked the relevant listing.
Prices can change at any time.
A price displayed on KitchenCompare is not:
- an offer by KitchenCompare;
- a quote from KitchenCompare;
- a guarantee that the retailer will honour that price;
- a guarantee that the product is available;
- a guarantee of freight costs; or
- a guarantee that all possible retailers have been compared.
Unless stated otherwise:
- prices are displayed in Australian dollars;
- prices include GST where the retailer's displayed price includes GST;
- freight may be additional;
- promotional conditions may apply;
- retailer pricing may change after our last check.
Users should confirm price, freight, availability, specifications, warranty conditions and all other purchase details directly with the retailer before purchasing.
Where KitchenCompare refers to a "lowest price", "lowest listed price", "lowest price found" or similar term, this refers only to the lowest qualifying price identified within the retailers and listings included in that comparison at the relevant time.
It does not mean that no lower price exists elsewhere in Australia.
05Product information
We try to match products accurately, but product information can contain mistakes.
KitchenCompare uses model numbers, SKUs and other information to match retailer listings to products.
Product specifications, descriptions and other product information may come from manufacturers, suppliers, Business Members, licensed sources or KitchenCompare's own research.
Although we take reasonable steps to improve the accuracy of product matching and product information, errors may occur.
Users should verify critical specifications directly with the manufacturer or retailer before purchasing.
06Independence of comparison rankings
Businesses cannot pay to rank higher in the price comparison.
Organic comparison results are ranked according to the comparison criteria displayed by KitchenCompare, including price where the comparison is ordered by price.
A retailer, supplier or manufacturer cannot purchase a better organic ranking.
No membership subscription, advertising arrangement, quote lead arrangement, finance referral, promotional package, supplier relationship or other commercial relationship changes the organic price ranking of a retailer.
Paid or promoted content may appear elsewhere on KitchenCompare.
Where content has been paid for or promoted, we will identify it as sponsored, promoted, featured or by another reasonably clear disclosure.
Sponsored content is separate from the organic price comparison.
07Quote requests
Customers can ask for quotes. Some quote enquiries are distributed to participating businesses that pay KitchenCompare for access to this service.
KitchenCompare allows users to request quotes relating to:
- a particular product;
- a particular brand;
- a category or type of equipment;
- a project or equipment requirement; or
- a participating retailer or supplier.
Product, brand, category and general quote requests may be distributed to one or more participating KitchenCompare businesses that are reasonably capable of responding to the enquiry.
Businesses may pay KitchenCompare membership or service fees to be eligible to receive these quote enquiries.
Payment for access to quote enquiries does not affect organic comparison rankings.
The quote form will disclose the nature of the distribution before the user submits their enquiry.
Where a quote request is specifically represented as being sent to a named retailer or supplier, it will be sent to that participating business.
If KitchenCompare instead intends to distribute an enquiry to other businesses capable of providing competing quotes, the form will make that clear before submission.
KitchenCompare does not guarantee:
- that a Business Member will respond;
- the number of quotes a user will receive;
- the price offered;
- availability of the product;
- the quality of the responding business; or
- that the quote will be lower than prices displayed on KitchenCompare.
A quote is provided by the responding business, not by KitchenCompare.
08Quote enquiry consent and privacy
When you request quotes, you are asking us to share your enquiry with businesses that can respond.
A quote request may contain personal information including your:
- name;
- email address;
- telephone number;
- business name;
- postcode or location;
- product requirements; and
- other information you choose to provide.
Before submitting a quote request, users will be informed that their enquiry and relevant contact information may be shared with participating businesses for the purpose of responding to the request.
By submitting the request after receiving that disclosure, the user consents to KitchenCompare providing the enquiry information to those businesses for that purpose.
Participating businesses may use quote enquiry information to:
- contact the user about the submitted enquiry;
- prepare a quote;
- answer questions relating to the enquiry; and
- reasonably follow up the requested quote.
A quote enquiry does not automatically give a participating business permission to add the user to unrelated email, SMS or other marketing lists.
Participating businesses must obtain any additional consent required by law before using customer information for unrelated direct marketing.
KitchenCompare's collection, use, storage and disclosure of personal information is further explained in our Privacy Policy.
09Business accounts and memberships
Retailers and suppliers can claim or create accounts and access additional paid or free features.
Retailers, suppliers, manufacturers and other eligible businesses may create or claim a KitchenCompare Business Account.
Depending on the available membership plan, Business Members may receive features including:
- business profile management;
- product and brand management;
- enhanced listings;
- quote enquiry access;
- analytics;
- promotional opportunities;
- sponsored placements;
- account verification;
- reporting; and
- other tools made available by KitchenCompare.
Membership does not provide a Business Member with control over KitchenCompare's independent comparison methodology or organic rankings.
KitchenCompare may independently display a business, product or retailer listing whether or not that business has claimed its profile or purchased a membership.
10Business Content Licence
If your business signs up to KitchenCompare, you give us ongoing permission to use the images, logos and product information published on your business website.
By creating, claiming or operating a KitchenCompare Business Account, the Business Member grants KitchenCompare a perpetual, worldwide, non-exclusive and royalty-free licence to access, copy, reproduce, store, host, cache, resize, crop, format, display and use relevant Business Content that is publicly published or otherwise made available on websites owned or operated by that Business Member while its KitchenCompare account is active.
"Business Content" includes, where applicable:
- product images;
- product photographs;
- logos;
- brand assets;
- product names;
- product descriptions;
- product specifications;
- brochures;
- catalogue information;
- business descriptions; and
- other product or business content associated with the Business Member.
KitchenCompare may use this Business Content for the purposes of:
- creating and maintaining KitchenCompare product listings;
- creating and maintaining brand pages;
- creating and maintaining retailer or supplier profiles;
- displaying products in search and comparison results;
- operating the KitchenCompare service;
- improving the presentation and quality of KitchenCompare listings;
- creating thumbnails and appropriately resized or reformatted versions of content; and
- promoting the availability of KitchenCompare listings and the KitchenCompare service.
This licence applies to Business Content obtained by KitchenCompare during the period in which the Business Account is active.
In exchange, the Business Member receives a maintained KitchenCompare listing, the ability to correct the product and business information shown against it, and access to the account features described in Section 09.
The licence continues indefinitely and survives cancellation, expiry, suspension or termination of the Business Account or membership.
Cancellation of a KitchenCompare account does not revoke the licence for Business Content obtained during the period the Business Account was active.
KitchenCompare may continue to store and use that Business Content after the business ceases to be a KitchenCompare member, so that historical listings, product records and price history remain accurate and complete.
After the Business Account ends, KitchenCompare will not rely on this licence to obtain content published by the former Business Member after that date, and will not use that Business Content in advertising or promotional material for KitchenCompare itself.
A former Business Member may ask KitchenCompare to stop displaying its logo and brand assets, and KitchenCompare will do so within a reasonable time. KitchenCompare may retain a factual text reference to the business for comparison purposes.
Ownership of Business Content does not transfer to KitchenCompare.
The Business Member retains any ownership rights it has in its Business Content.
The Business Member confirms that it owns the relevant Business Content, or has sufficient rights, licences, permissions or authority to grant KitchenCompare the licence described above.
A Business Member must not make content available to KitchenCompare if it knows it does not have authority to permit KitchenCompare to use that content.
This licence extends only as far as the rights the Business Member actually holds. It does not apply to material owned by a manufacturer, photographer, agency or other third party that the Business Member is not entitled to sublicence, even where that material appears on the Business Member's own website.
To the extent permitted by Part IX of the Copyright Act 1968 (Cth), the Business Member confirms it has obtained the consent of the individual authors of the Business Content to acts or omissions that would otherwise infringe their moral rights, including publication without attribution and resizing, cropping or reformatting for display on KitchenCompare. An author may withdraw that consent by contacting legal@kitchencompare.com.au.
Where a third party establishes that it owns Business Content supplied to KitchenCompare, KitchenCompare will remove or replace that content on request, whether or not the Business Member's account remains active.
Where reasonably necessary to operate the service, KitchenCompare may allow its hosting providers, content delivery networks, technology providers and other service providers to technically store, process or display Business Content on KitchenCompare's behalf.
11Cancellation and removal of business accounts
Cancelling your membership stops the membership. It doesn't automatically erase our factual comparison database or previously licensed content.
A Business Member may cancel its membership in accordance with the terms of its selected plan.
Cancellation may end access to features including:
- quote enquiries;
- analytics;
- enhanced profiles;
- promotions;
- sponsored advertising;
- Business Member tools; and
- other membership benefits.
Cancellation does not automatically require KitchenCompare to remove:
- independently collected product records;
- retailer records;
- publicly advertised prices;
- SKU or model matching;
- price history;
- comparison history;
- source information;
- other factual comparison information independently collected by KitchenCompare; or
- Business Content licensed to KitchenCompare under Section 10.
After cancellation, KitchenCompare will not rely on the Business Content Licence in Section 10 as authority to obtain new copyright material subsequently published by the former Business Member after its membership has ended.
KitchenCompare may, however, continue independently collecting lawfully available factual comparison information.
Nothing in this section prevents a business or rights holder from raising a genuine legal, intellectual property or accuracy complaint with KitchenCompare.
12Corrections, IP complaints and takedowns
If something is wrong, tell us. If you believe we are using material without proper rights, tell us what material and why.
Retailers, suppliers, manufacturers and rights holders may contact KitchenCompare to report:
- an incorrect price;
- an incorrect product match;
- an incorrect SKU or model number;
- inaccurate product information;
- a discontinued product;
- misuse of a trade mark;
- copyright infringement;
- misleading affiliation; or
- another legal or factual issue.
A request should identify:
- the relevant KitchenCompare page;
- the information or content being disputed;
- the nature of the requested correction;
- where applicable, the intellectual property rights claimed; and
- sufficient information for KitchenCompare to reasonably assess the request.
KitchenCompare may temporarily remove, replace or restrict disputed content while investigating a legitimate intellectual property complaint. KitchenCompare aims to acknowledge an intellectual property complaint within two business days and, where the complaint concerns photographs, logos or other creative material, to restrict the disputed material while it is assessed. Restricting material is not an admission that any right has been infringed.
Where appropriate, KitchenCompare may replace disputed imagery or creative content while retaining independently collected factual product and price information.
A retailer, supplier or manufacturer does not obtain a general right to require removal of independently collected factual comparison information merely by cancelling an account or stating that it does not wish its products or publicly available prices to be compared.
This is subject to any rights or obligations that apply under Australian law.
Intellectual property complaints may be sent to legal@kitchencompare.com.au.
13Intellectual property
KitchenCompare owns its own site and comparison system. Third-party brands and creative material remain owned by their respective owners.
KitchenCompare owns or licenses the intellectual property associated with the KitchenCompare service, including its:
- website design;
- software;
- original written content;
- product matching methodology;
- taxonomy;
- data structure;
- database organisation;
- comparison methodology;
- original graphics;
- branding; and
- other original KitchenCompare material.
Third-party trade marks, brand names, product names, model numbers and logos remain the property of their respective owners.
References to third-party businesses and products are used for identification and comparison purposes and do not, by themselves, indicate endorsement, sponsorship or affiliation. Third-party trade marks, business names and logos are displayed for the purposes of identification and comparative advertising, as permitted by section 122 of the Trade Marks Act 1995 (Cth).
KitchenCompare is an independent price-comparison service. It is not an authorised dealer, distributor, agent, reseller or service partner of any manufacturer or brand shown on the site, and it does not act with the authority of any trade mark owner. Descriptions such as "authorised dealer" reflect records supplied to KitchenCompare or published by the relevant brand, are not independently audited, and should be confirmed with the manufacturer. A business appearing on KitchenCompare, whether or not it has claimed its profile or holds a paid membership, is not thereby sponsored, approved, accredited or endorsed by KitchenCompare.
Third-party photographs, images, descriptions and other copyright material remain owned by their respective rights holders.
Where KitchenCompare displays third-party copyright material, it may do so under a licence, permission or other lawful basis.
14Your purchase is with the retailer
KitchenCompare helps you research. The retailer sells you the equipment.
Any purchase made after using KitchenCompare is between the customer and the relevant retailer.
KitchenCompare is not a party to that purchase.
The retailer is responsible for matters including:
- accepting the order;
- final pricing;
- payment;
- supply;
- freight;
- delivery;
- installation where applicable;
- invoicing;
- product warranties;
- returns;
- refunds; and
- its obligations under the Australian Consumer Law.
Users should raise purchase disputes directly with the retailer.
Nothing in these Terms removes any rights a person may have under the Australian Consumer Law.
15Finance referrals
Finance information is general. KitchenCompare is not your lender, broker or tax adviser.
Finance information displayed by KitchenCompare is general information only.
KitchenCompare is not, unless expressly stated otherwise, a lender, credit provider, credit representative, financial adviser or tax agent.
Finance enquiries may be referred to appropriately authorised third-party finance providers or brokers.
Those providers independently determine whether they can offer finance and on what terms.
Finance calculators, repayment estimates and similar tools are indicative only.
They may exclude:
- establishment fees;
- account fees;
- interest variations;
- residual or balloon payments;
- taxes;
- broker fees; and
- other charges.
Calculator results are not offers of credit, financial advice or tax advice.
Users should obtain appropriate professional advice before entering into a finance arrangement.
16Acceptable use
Use KitchenCompare to research equipment. Don't attack the service or copy our compiled database.
You may use KitchenCompare for legitimate personal or business purchasing research.
You must not:
- attempt to gain unauthorised access to KitchenCompare systems;
- interfere with the normal operation or security of the service;
- deliberately overload KitchenCompare infrastructure;
- submit false, fraudulent or malicious quote enquiries;
- impersonate another person or business;
- use KitchenCompare to facilitate unlawful conduct;
- systematically bulk-extract KitchenCompare's compiled comparison database without permission;
- commercially reproduce or redistribute a substantial part of KitchenCompare's compiled database without permission; or
- use automated systems in a way that materially disrupts KitchenCompare.
Nothing in this section is intended to claim ownership over third-party facts merely because those facts appear on KitchenCompare.
17Business Member responsibilities
Businesses using KitchenCompare need to provide accurate information and use customer leads properly.
A Business Member must:
- provide accurate account information;
- keep login credentials secure;
- not impersonate another business;
- only claim a business it is authorised to represent;
- take reasonable steps to ensure information it provides is accurate;
- comply with applicable Australian laws;
- respect customer privacy;
- use quote enquiry information only for legitimate purposes connected with the enquiry unless further consent has been obtained;
- not sell or transfer KitchenCompare quote leads to unrelated third parties without appropriate authority; and
- not make misleading claims about its relationship with KitchenCompare.
16A. Use of quote enquiries and leads. A Business Member may use the personal information contained in a KitchenCompare quote enquiry only to respond to, prepare, deliver, clarify and reasonably follow up the specific enquiry to which it relates (the "Permitted Purpose").
Receiving a quote enquiry does not constitute consent — express or inferred — for the purposes of the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth) to send the enquirer commercial electronic messages, or make telemarketing calls, that are not for the Permitted Purpose. A Business Member must not add an enquirer to any newsletter, mailing list, SMS list, remarketing audience, customer-match audience or telemarketing list unless the enquirer has separately given consent to that Business Member for that purpose, obtained independently of KitchenCompare.
Where a Business Member sends any commercial electronic message to an enquirer, the Business Member is the sender for the purposes of the Spam Act and is solely responsible for consent, accurate sender identification and a functional unsubscribe facility.
A Business Member must not sell, licence, rent, share, syndicate or otherwise transfer KitchenCompare enquiry data to any third party, other than a service provider processing it solely for the Permitted Purpose under equivalent obligations.
A Business Member must not retain enquiry personal information longer than reasonably necessary for the Permitted Purpose and its own record-keeping obligations, and must delete or de-identify it on the enquirer's request unless retention is required by law.
A Business Member must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in respect of enquiry data, whether or not it is otherwise an APP entity.
CSV and reporting exports are provided for the Business Member's own record-keeping and CRM use for the Permitted Purpose. Importing exported enquiry data into a marketing automation, bulk email or bulk SMS platform for campaign purposes is a breach of these Terms.
KitchenCompare may suspend enquiry access, suspend export access, or terminate the Business Account, where it reasonably believes this clause has been breached. This clause survives termination of the Business Membership.
Business Members must not represent themselves as endorsed by KitchenCompare, the exclusive KitchenCompare retailer, the highest ranked KitchenCompare retailer, the cheapest retailer on KitchenCompare, or an official KitchenCompare partner, unless KitchenCompare has expressly authorised that representation.
18Suspension and termination
We can suspend accounts where there is a serious breach, fraud, security issue or legal problem.
KitchenCompare may suspend or terminate a user or Business Account where reasonably necessary because of:
- a material breach of these Terms;
- fraud or suspected fraud;
- misuse of customer information;
- repeated false or misleading information;
- intellectual property infringement;
- security risks;
- unlawful conduct;
- non-payment of applicable membership fees;
- conduct that materially harms KitchenCompare, its users or participating businesses; or
- a legal or regulatory requirement.
Where reasonably practicable, KitchenCompare will provide notice and an opportunity to remedy a breach before terminating a paid Business Account.
Immediate suspension may occur where KitchenCompare reasonably considers it necessary to address fraud, security, privacy, unlawful conduct or another serious risk.
Termination does not affect provisions that are expressly stated to survive termination, including the Business Content Licence in Section 10.
Where KitchenCompare terminates a paid Business Account for a reason other than the Business Member's fraud or material breach, KitchenCompare will refund the unused portion of any membership fees already paid for that period.
Where KitchenCompare materially reduces the features included in a paid membership, the notice, cancellation and refund provisions in Section 01 apply.
19Availability of KitchenCompare
We aim to keep KitchenCompare working, but we can't promise uninterrupted access.
KitchenCompare may change, add, remove, suspend or discontinue features from time to time.
We do not guarantee that:
- the service will always be available;
- every Australian retailer will be indexed;
- every product will be listed;
- every retailer listing will be successfully checked;
- every price will always be current; or
- every product match will be correct.
We may perform maintenance or make changes to improve security, accuracy, performance or functionality.
20Limitation of liability
Use KitchenCompare as a research and comparison tool. Important consumer rights still apply.
To the extent permitted by law, KitchenCompare is not liable for loss arising solely from reliance on information displayed through the comparison service, including:
- pricing errors;
- incorrect product matching;
- specification errors;
- changed retailer prices;
- unavailable products;
- freight differences;
- omitted retailers;
- omitted products;
- retailer conduct; or
- a Business Member's failure to respond to a quote request.
Users remain responsible for verifying material purchase information directly with the relevant retailer or supplier.
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or another applicable law.
21Privacy
We collect personal information to operate KitchenCompare, including accounts and quote requests.
KitchenCompare handles personal information in accordance with its Privacy Policy and applicable Australian privacy law.
The Privacy Policy explains matters including:
- what information we collect;
- why we collect it;
- how we use it;
- when information may be shared with participating businesses;
- service providers that may process information on our behalf;
- how information is secured;
- access and correction requests; and
- how privacy complaints can be made.
Users submitting quote requests should also read the disclosure shown at the point the quote request is submitted.
22Governing law
Australian law applies.
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
Nothing in this clause prevents the application of mandatory Australian laws that otherwise apply.
23Contact
Questions about these terms, comparison information, corrections or legal matters can be emailed to us.
Questions about these Terms, comparison information, corrections or legal matters can be sent to legal@kitchencompare.com.au.
Privacy questions should be sent to privacy@kitchencompare.com.au.
General enquiries can be made through the contact page.
Important Business Member acknowledgement
When creating or claiming a retailer, supplier or manufacturer account, the Business Member specifically acknowledges that:
- KitchenCompare may independently collect and compare publicly available factual pricing information regardless of membership status;
- paying for KitchenCompare membership does not influence organic price rankings;
- eligibility to receive quote enquiries is a separate commercial membership feature;
- by signing up, the Business Member grants KitchenCompare the Business Content Licence described in Section 10;
- that licence includes product images, logos and product information published on websites owned or operated by the Business Member while its account is active;
- the Business Content Licence is perpetual in relation to content obtained while the account is active and continues after cancellation or termination;
- the Business Member confirms that it owns the relevant content or has authority to grant KitchenCompare permission to use it; and
- cancelling membership does not automatically remove independently collected factual product, retailer, SKU, price or historical comparison information from KitchenCompare.
Questions about this document? Email legal@kitchencompare.com.au or use the contact form. We'll tell you plainly what a clause means.