- Definitions
In this Agreement the following terms have the following meanings:
"Job Profile" means al information provided by You in relation to Your attempt to
identify a suitable Service Provider through use of the Site.
"Personal Information" means all Personal Information you voluntarily provide by
posting it to the Site as well as any domain, IP address or email address recognised
by our web server when you browse the Site.
"Service Provider" means any supplier of goods or services who is a subscriber to the
Site and to whom you may be introduced by using the Site.
"Site" means the website operated by Quotify at www.quotify.com.au or any affiliated
or associated website and, as the context requires, includes all the functions of the
website in facilitating your identification and selection of a Service Provider suitable to
your needs.
- Eligibility
You acknowledge and agree that the service offered at this Site is available only to
persons aged 18 years and over. You represent and Warrant that You are at least 18
years of age.
- Quotify's Role
-
3.1 The purpose of the Site is to facilitate the matching of Your needs with the services
of Service Providers that You may identify by using the Site. Quotify is a facilitator
only in this process and You acknowledge and agree that Quotify is not a party to
any arrangement or transaction between You and any Service Provider.
-
3.2 It is a condition of using the Site that You read Quotify's Privacy Policy (see the link
on this Site). You acknowledge and agree that You have read the Privacy Policy and
agree to the disclosure of your Personal Information as set out in that Policy and in
accordance with this Agreement.
-
3.3 Specifically, You agree and request Quotify to forward your Personal Information to
Service Providers matching the Job Profile You submit.
-
3.4 You agree that Service Providers may contact You directly and You expressly
release Quotify and hold it harmless in respect of any complaint, action or claim of
any sort arising from or incidental to either:
-
a) the disclosure of your Personal Information pursuant to Your use of the Site;
or
-
b) any contact, communication or conduct that occurs pursuant to Your use of
the Site, regardless of whether such contact, communication or conduct is
relevant to the services You may be seeking or the Job Profile submitted by
You.
-
3.5 You acknowledge and agree that Quotify has no control or influence over the
conduct of any Service Provider and may not be held liable for the conduct of any
Service Provider.
-
3.6 You acknowledge that the Service Providers subscribe to Quotify and Quotify refers
Job Profiles to them in return for a fee. For the purposes of the Site, Quotify has no
other relationship giving rise to a benefit from any Service Provider and Quotify does
not endorse, recommend or promote any Service Provider in preference to any other
Service Provider.
-
3.7 The Site may provide You with information rating the performance of particular
Service Providers or the experience or opinions of other users of the Site in relation
to particular Service Providers (Ratings Data). While Quotify may analyse and
represent Ratings Data on the Site in various formats intended to make your use of
the Site more efficient. You acknowledge and agree that al Ratings Data and any
comment, opinion or feedback about any Service Provider available on the Site does
not represent the opinion of Quotify and no Ratings Data represents an
endorsement, recommendation or promotion by Quotify of any Service Provider.
-
3.8 Quotify will endeavour to refer Your Job Profile to 3 appropriate Service Providers,
subject to the availability of Service Providers that provide services in Your postcode
area. You expressly release Quotify and hold it harmless in respect of any complaint
or claim of any sort arising from any unavailability of Service Providers.
-
3.9 Subject to availability, Quotify will refer your Job Profile to up to 3 Service Providers
selected by Quotify in accordance with the following criteria (listed in order of
importance):
-
a) the appropriateness of a Service Provider by reference to the Job Profile You
submit;
-
b) fees paid by a Service Provider to Quotify in respect of that Service Provider's
subscription to the Site; and
-
c) the approval level of Service Providers by reference to the Ratings Data.
-
3.10 You acknowledge and agree that Quotify's referrals pursuant to this clause and, in
particular, sub clauses 3.8 and 3.9, are in no way intended as an endorsement,
recommendation or promotion by Quotify of any particular Service Provider and that
Your choice of any Service Provider is entirely a matter of Your own preference and
responsibility. You expressly release Quotify and hold it harmless in respect of any
complaint or claim of any sort arising from or incidental to Quotify's referral of Your
Job Profile to any particular Service Provider/s.
-
3.11 You acknowledge and agree that:
-
(a) you are not required to engage any of the Service Providers to whom Quotify
may refer your Job Profile;
-
(b) by using the Site your choice of Service Providers is not limited to those
Service Providers to whom we may refer your Job Profile; and
-
(c) the Site includes a database You are free to use that lists Service Providers
and their contact details as well as the names and contact details of other
providers of services who may not be subscribers to the Site.
- Feedback and Marketing
-
4.1 You acknowledge and agree that Quotify may contact You via telephone, SMS,
email, post or any other form of electronic or conventional communication media for
the purposes of:
-
a) obtaining feedback, opinion and comment from You regarding the Site or the
Service Providers; or
-
b) marketing other goods or services provided by Quotify or any of the Quotify
group of companies or related entities.
-
4.2 You are invited to post comments, compliments, criticisms and other observations
regarding the Site and any Service Providers on the Site and agree that such
feedback posted by You will only be honest, fair and reasonable and capable of
being substantiated. You acknowledge and agree that Quotify may at any time in its
sole and absolute discretion remove from the Site any feedback posted by You.
-
4.3 You acknowledge and agree that, subject to the Privacy Policy, any information or
feedback You provide or post to the Site is and will be treated by Quotify as non
confidential and non proprietary and that Quotify may use such material without
restriction.
-
4.4 You must not post or transmit any material or feedback on the Site that is offensive,
defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or
otherwise objectionable.
-
4.5 Quotify does not warrant that Service Providers will respond to questions or
comments submitted by You to the Site.
- Warranties By You
-
5.1 Without limiting clause 4, You agree that You will not:
-
a) use the Site for illegal purposes including, but not limited to, posting to the Site
information encouraging conduct that would constitute a criminal offence;
-
b) use any feature of the Site to send any unsolicited commercial emails to users
of the Site, whether individually or as a group;
-
c) copy, translate, reproduce, adapt, vary or modify anything on the Site (except
your Personal Information) without Quotify's prior written consent (which
consent is given for the purposes of feedback posted in accordance with
clause 4);
-
d) use anything on the Site for or in connection with any business or enterprise
(whether for profit or otherwise) and in particular for any enterprise that is the
same or similar to that of Quotify or that is in competition with Quotify;
-
e) post to the Site or otherwise propagate material of any kind which contains
computer worms, viruses or other types of malicious or harmful programs;
-
f) take any action that imposes an unreasonable or disproportionately large load
on Quotify's infrastructure;
-
g) disrupt the flow of dialogue on the Site or otherwise act in a manner that
negatively affects other users of the Site;
-
h) impersonate any other person when posting material to the Site;
-
i) damage, modify, interfere with, disrupt or destroy the files, data, passwords,
devices or resources that belong to Quotify or do anything that compromises
the security of the Site;
-
j) use the Site to engage in misleading or deceptive on-line marketing practices;
-
k) use the Site to transmit junk mail, spam, advertising, chain letters or engage in
other flooding techniques or mass distribution of unsolicited email;
-
l) sell, copy, use or redistribute any of the information on this Site for any other
purpose; or
-
m) use any screen scraping, data mining or any similar data gathering and
extraction technological devices on this Site for the purpose of re-producing
information contained on this Site on or through any other medium, except with
Quotify's prior written consent.
-
5.2 You agree and warrant that You will provide Quotify with complete and accurate
contact details when using the Site to enable Service Providers to contact you as
requested.
-
Quotify's Reservation Of Rights
-
6.1 Quotify reserves the right to:
-
a) remove or refuse to post any information and/or material (in whole or in part)
that it, in its sole and absolute discretion, regards in any way objectionable or
in violation of any law or these terms without notice to You; or
-
b) modify or discontinue any services Quotify offers at any time without notice or
liability to You.
-
Intellectual Property
-
7.1 Al intellectual property rights in information, data and materials used or appearing on
the Site including, but not limited to, al software, tools, know-how, equipment or
processes, trademarks, logos or other materials shall remain the sole and exclusive
property of Quotify or its licensors. You acknowledge and agree that You will not
acquire any rights, title or interest in or to any of Quotify's intellectual property rights.
-
7.2 To the extent that You submit any information or material to Quotify relating to a Job
Profile or for otherwise posting on the Site, You automatically grant Quotify a license
to use the information or material for the purpose for which it is provided.
-
Disclaimer & Acknowledgments
-
8.1 You acknowledge and agree that Quotify gives no warranty, whether express,
implied, statutory or otherwise as to the quality, efficacy, reliability, technical
competence or qualification, suitability, performance or any other attribute or
characteristic of any Service Provider or its services.
-
8.2 To the fullest extent legally possible, Quotify excludes any representation or warranty
concerning the Site, any Service Provider or any third party site referred to or
connected via the Site.
-
8.3 You acknowledge and agree that none of the following legal relationships are
applicable between Quotify and any Service Provider or between Quotify and You:
principal and agent; employer and employee; partnership or joint venture.
-
8.4 Without limitation to any of these terms, You acknowledge that:
-
a) Quotify does not warrant the truth, accuracy or currency of the material or
information Service Providers provide;
-
b) in respect of any name or contact information or other information relating to a
Service Provider or other provider of services appearing on the Site, Quotify
does not warrant the truth, accuracy or currency of such information;
-
c) Quotify does not control, endorse, approve or warrant to You the
merchantability or fitness for any particular purpose of any of the goods or
services of third parties (including Service Providers) referred to at the Site or
whose identities become known to You as a result of using the Site or
otherwise;
-
d) Quotify does not warrant to You that anything on the Site or any third party
site referred to or connected via the Site is accurate, complete or up to date
and makes no performance warranty whatsoever concerning anything on or
implied from them;
-
e) You should satisfy yourself through your own enquiries as to the condition or
suitability of any Service Provider, their services or any other goods and/or
services supplied, offered by or recommended by or on behalf of a Service
Provider. You agree to consult professionals for advice that is specifically
tailored to your particular circumstances;
-
f) Quotify does not offer professional advice on the fitness of any goods,
services or information supplied by any third parties including Service
Providers;
-
g) Quotify does not endorse or recommend any Service Provider or goods or
services, including where details of a Service Provider are provided by Quotify
to You or otherwise become known to you using the Site;
-
h) Quotify is not a party to any arrangement or transaction of any sort between
You and any Service Provider and You (not Quotify) are responsible for
paying the Service Provider for any goods or services supplied;
-
i) You are solely responsible for all Your obligations under any agreement You
enter with any Service Provider;
-
j) Quotify does not warrant that the Site or any information or communication it
provides is or will be reliable, timely, error or fault free, complete or accurate;
k) the Site may experience interruptions and access difficulties from time to time
and Quotify will not be responsible for such interruptions or access difficulties
or any loss, damage or inconvenience that may arise from such events or
other events beyond Quotify's control; and
-
l) Quotify is not liable for any loss or damage whether directly or indirectly
incurred by You or any third person as a result of any failure or delay in
Quotify doing anything, including, but not limited to, transmitting any
information to a Service Provider or to You or removing any information or
Service Provider from the Site.
-
8.5 You agree that Quotify and any associate or related entity of Quotify has no
responsibility or liability for the actions of other users of the Site.
-
Limitation of liability
-
9.1 To the extent permitted by Law Quotify excludes all liability to You or any other
person for any loss, claim or damage (whether arising in contract, negligence, tort,
equity or otherwise for any loss, whether consequential, indirect, incidental, special,
punitive, exemplary or otherwise, including, without limitation any loss of profits, loss
or corruption of data or loss of or damage to reputation or good will) arising out of, in
connection with or pursuant to any:
-
a) removal or termination of your access to the Site; or
-
b) use of the Site or information on or provided through the Site or any
information or advice otherwise provided by Quotify or a Service Provider; or
-
c) any arrangement, contract, agreement, conduct or communication by or
between any Service Provider and You,
even if Quotify is aware or ought to have been aware of the possibility of such
loss or damage.
-
9.2 If, despite Quotify's role set out in clause 3 and despite the exclusions of liability set
out in these terms, Quotify has any liability at law in respect of the supply of any
goods or services or the use or operation of this Site then, to the extent permitted by
law, Quotify and all associates and related entities of Quotify expressly limit their
liability for breach of a non excludable condition or warranty implied by virtue of any
legislation to the following remedies (the choice of which is in Quotify's sole
discretion):
-
a) in the case of goods, any one or more of the following:
(i) the replacement value of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
-
b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
-
Indemnity
You indemnify and hold Quotify and its parent, related entities, associates, officers,
directors, agents, employees, partners, suppliers, franchisers and franchisees,
harmless from and against any claims, demands or proceedings of any sort for any
loss, damage or costs made by You or a Service Provider arising out of or in any way
related to your use of the Site or breach of these terms, or any violation by you of any
law or the rights of a third party.
- Breach
Without limiting other remedies available to Quotify at law, in equity or under this
Agreement, Quotify may, in its sole discretion, immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your access to the Site and
refuse to provide services to You if:
-
a) You breach any of these terms;
-
b) Quotify is unable to verify or authenticate any information you provide; or
-
c) Quotify believes that your actions may cause damage and/or legal liability for
Quotify, any Service Provider or any other party.
-
Termination
Quotify may terminate your right to post information to the Site at any time without
prior notice.
- Disputes
-
13.1 The procedures set out in this clause must be followed in relation to the resolution of
a dispute concerning the interpretation of any of these terms or the rights or
obligations of the parties ("Dispute").
-
13.2 If a Dispute arises, a party may give written notice to the other party that a Dispute
exists ("Dispute Notice").
-
13.3 The Dispute Notice must provide the recipient with full particulars of the matters in
dispute.
-
13.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as
follows:
-
a) within five (5) working days of receipt of a Dispute Notice, the parties must
hold discussions in good faith in an attempt to resolve the Dispute;
-
b) if the Dispute is not resolved within twenty (20) days of the meeting referred
to in the previous sub-clause or if the meeting referred to in the previous sub-
clause has not taken place within the five (5) day period, the parties to the
Dispute must refer the matter to mediation;
-
c) within five (5) workings days following the expiry of the relevant period in the
previous sub-clause, the parties must attempt to agree on the appointment of
a mediator. In the absence of agreement on the appointment of a mediator, a
mediator is to be appointed by the President for the time being of LEADR
with the costs of the mediator and the costs of the venue for mediation to be
borne equally by the parties;
- d) the parties must use their best endeavors to ensure the mediation takes place
within thirty (30) days of a mediator being appointed; and
e) any mediation pursuant to this clause is to take place in Sydney, Australia.
-
13.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a
Court of competent jurisdiction, a party may not commence proceedings in any
Court, Tribunal or otherwise without first providing a Dispute Notice and complying
with the dispute resolution process set out in this clause.
- Website links
-
14.1 Quotify may provide links from its website to websites maintained by third parties.
Such linked websites are not under the control of Quotify and Quotify is not
responsible for the contents of any linked website or subsequently linked websites.
-
14.2 Quotify is not liable for any loss or damage arising in any way out of or in connection
with or incidental to any information or third party service provided by or through any
linked websites whether linked to or from Quotify's Site.
- General
-
15.1 Interpretation
-
a) headings are for references purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
-
b) You agree that these terms may not be construed adversely against Quotify
solely because Quotify prepared these terms.
- c) the singular includes the plural and vice versa.
-
d) a reference to a person includes a body corporate, an unincorporated body or
other entity.
-
e) a reference to a party includes the party's successes and permitted assigns.
-
15.2 Governing Law
This agreement is governed in all respects by the Laws of the State of New South
Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the
Courts of New South Wales and to the Federal Court of Australia sitting in New
South Wales.
-
15.3 Severability
If any part of this Agreement is found invalid or unenforceable, this Agreement does
not include it. The reminder of this Agreement continues in full force.
-
15.4 No waiver
Quotify's failure to take action with respect to a breach by You or others does not
waive Quotify's right to take action with respect to subsequent or similar breaches.
-
15.5 Entire Agreement
This Agreement sets out the entire understanding and Agreement between the
parties with respect to its subject matter.
-
15.6 Survival
Al clauses capable of surviving termination of this Agreement shall do so.
-
15.7 Notices
Quotify may provide notices to You by simply posting the notice on the Site. This is in
addition to any other mode of service permitted by Law.
-
15.8 Variation
Quotify may modify this Agreement at any time and such modifications shall be
effective immediately upon posting the new or revised terms on the Site.