Has Anyone Read Supercheap Auto's Product Review Terms and Conditions?

I received an email from them asking that I leave a review on the recent 'in tyre' sub that was a pricing error.

I thought it odd that they ask you to agree to their terms and conditions before proceeding, so I thought to have a quick read of their terms… What a legal nightmare!

Basically anything that you write which they decide is inappropriate or insulting to them, you're agreeing that you have no rights and they can sue you for it. You're waivering your 'moral rights'. Anything that you write can't cause 'injury' to any entity (read Super Cheap), that is defamatory or offensive to any corporation. You're also agreeing to pay compensation and hold Supercheap Auto harmless from all claims whatsoever and even pay their lawyers if they think you've done any of these things. You're giving them the right to edit in its ENTIRETY what you post (in other words it doesn't matter what you write, you're giving them the right to just completely invent a review from you) or even just delete whatever you write if they don't like it, and also that you can't even delete or edit what they write on your behalf!

Plus, YOU, are responsible for what they write or any of the edits they might make on 'your' review, and that they have complete confidentiality and no obligations to admitting that they rewrote it or edited it.

Basically as soon as you submit any review you're agreeing to allow them to royally bend you over and take you for everything you're worth.

What an absolutely disgusting company. I would never have believed it and certainly won't ever be shopping with them again.

Their terms which follows:

Terms and Conditions
Required
To submit a rating or review, please agree to the following:

CUSTOMER RATINGS AND REVIEWS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Supercheap Auto (the "CRR Service").

By submitting any content to Supercheap Auto, you guarantee that:
You are the sole author and owner of the intellectual property rights in the content;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree that you may not submit any content:
That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Supercheap Auto (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Supercheap Auto a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Supercheap Auto's sole discretion. Supercheap Auto reserves the right to change, condense, withhold publication, remove or delete any content on Supercheap Auto's website that Supercheap Auto deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Supercheap Auto does not guarantee that you will have any recourse through Supercheap Auto to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Supercheap Auto reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Supercheap Auto, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Supercheap Auto, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

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Comments

  • +2

    "Moral rights" are just a copyright term about you being associated with your work.

    Most of this wording is standard stuff (you are using their forum to publish on the internet, places need to have wording like this for defamatory purposes, etc).

  • +2

    They are just tin plating their arses from all the hinged freaks out there.

    How can you leave a review on a cancelled item that you never received?

    • agreed - Tbh this is why they would edit many reviews.

      "item never arrived" 0 star review of the product. I get that person is annoyed, but it's not an issue with that specific product.

  • tbh you'll find that is pretty standard for any company. Honestly it wouldnt suprise me if you read the TNCs for this website and it said similar.

    lets say you write something that is libel, i dont blame SCA from trying to edit it to remove the bad words. It still means you're responcible for the words you write. You might be thinking "SCA only sells home brand stuff", but there are other brands sold. Castrol, Bosch, etc.

    As far as publishing parts of a review, if they published it in their catalogue, or they do targeted ads on facebook. They dont want to have issues with ownership.

  • ..defamatory or offensive to any corporation.

    Pretty sure corporations cannot "sue" for deformation.

    It's their play ground. If you dont like it, dont post reviews.

    • +1

      Pretty sure corporations cannot "sue" for deformation.

      Can't sue for what?

      • +1

        You might find the definition is flexible

      • +1

        hahaha… *defamation…

        I mean, technically, can they sue for "deformation"?? :D

        • If you slip up and park in their shop I’m sure they can chase you for deforming the windows and walls.

  • +1

    Anything that you write can't cause 'injury' to any entity (read Super Cheap), that is defamatory or offensive to any corporation.

    Section 9 of the Defamation Act 2005 (NSW) (the Defamation Act) contains a general rule that corporations cannot sue in defamation, unless they can bring themselves within the definition of an ​“excluded corporation". An exclud­ed cor­po­ra­tion includes cor­po­ra­tions not relat­ed to oth­er cor­po­ra­tions and which have few­er than 10 full time employ­ees, as well as not for prof­it corporations.

    As long as you don't say anyones name like 'Jill at Bankstown was rude and said blah blah, what a cow' then defamation is a null point.

  • :D

  • Looks fairly standard to me- might be drop of overreaction going on. They aren't going to sue you for a bad review, it just passes on any damages you cause them back onto you (if you are racists in the review, its you being racist after all, not them).

    I had a review to JB deleted cause I mentioned Amazon, so skin off my nose.

  • Grab a rod and go fishing.
    My Kmart one is so much better value!

  • Why would you ever bother reviewing an item on any site you got stuff from except maybe Amazon?

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