WEBSITE TERMS AND CONDITIONS – QUOTEC NOW
These Website Terms and Conditions of Use (Terms) govern your access to and use of the content located on the website (Content) located at [address] (Site) and form a binding contractual agreement between you, the user of the Site and the owner of the Site, Quotec Systems Pty Ltd (Quotec). For the purposes of these terms the term you refers to the party/customer using the Site and/or contributing content to the Site.
Quotec may, in its absolute discretion, modify or amend these Terms from time to time and those modifications or amendments will be binding on you once displayed on the Site. Quotec will endeavour to notify you of any material change to these Terms by either sending an email notice or by placing a notice on the Site.
By subscribing to and/or using the Site you acknowledge and agree that you have had a sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms your subscription and/or use the Site will not be approved or authorised.
1. USE OF SITE
1.1 You acknowledge and agree that access to the Site is granted solely for the purpose of giving you access to Content and that Quotec at all times retains all right and title to the Content.
1.2 You may access and use the Site in the normal manner. You must not use the Content in any way other than for review purposes only. You are not authorised to copy or reproduce the Content in any way.
1.3 You must not add to, remove or vary any Content.
1.4 The Site may contain links to other websites as well as content added by people other than Quotec. Quotec does not endorse, sponsor or approve any such user generated content on the Site or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) You are over the age of eighteen (18) years of age;
(b) Your use of the Site is your responsibility and is entirely at your own risk and you accept full responsibility for all and any information that you transmit via your access to the Site;
(c) You must not use the Site in a way that breaches any of these Terms or any laws, regulations, standard or codes as enacted or modified from time to time;
(d) You must not use, reproduce, sell, resell or otherwise exploit any of the Content or any part of it for commercial purposes.
(e) You must not modify, copy, adapt, distribute, translate or create derivative works of any kind whatsoever of any of the Content;
(f) Quotec retains complete editorial control over the Site and may change, modify, alter, amend, delete any of the Content or cease the operation of the Site at any time in its sole discretion;
(g) The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(h) The Site will not be error free and Quotec does not guarantee that the Site will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Site;
(i) You are responsible for acquiring and maintaining all equipment, services and software necessary to access the Site. You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Site;
2. USER CONTENT
2.1 Where you contribute content to the Site you agree and warrant that:
(a) any and all information supplied by you is true, accurate, current and complete and either own or have right to supply the information supplied;
(b) you will not harvest or collect email addresses or other contact information of other users of the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(c) you will not use automated scripts to collect information from or otherwise interact with the Site;
(d) you will not upload, post, transmit, share, store or otherwise make available any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(e) you will not take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the Site infrastructure;
(f) you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(g) you will not upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, photos, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(h) you will not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
(i) you will not solicit personal information from anyone under eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;
(j) you will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) you will not intimidate or harass another;
(l) you will not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(m) you will not use or attempt to use another’s account, service or system or create a false identity on the Site;
(n) you will not upload, post, transmit, share, store or otherwise make available content that is objectionable or which restricts or inhibits any other person from using or enjoying the Site.
2.2 You are solely responsible for all content and information that you upload, publish or display (post) on or through the Site, or transmit to or share with other users (collectively the User Content).
3.1 Quotations provided to you via the Site will open for acceptance for the period specified in the Quotation, however if there is no period specified for a period of seven (7) days only.
3.2 Orders placed for products via the Site will be subject to the supplier’s usual terms and conditions of supply.
3.3 The prices of products, components and other charges displayed on this Site may change at any time. Unless stated otherwise, the prices of products and other charges displayed on this Site are exclusive of goods and services tax.
3.4 Products and their components promoted on this Site are subject to availability and may change from time to time.
3.5 An order placed by you on this Site is only an offer by you to purchase the supplier’s products for the price (including other charges) as displayed on this Site. Quotec reserves the right to accept or reject any order for any reason whatever.
3.6 Quotec does not review, and is not responsible for reviewing, any order placed by you via the Site.
3.7 Your contract with the supplier will only come into existence when the supplier advises you that it has accepted your order and it has confirmed receipt of your payment.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights to you.
4.2 You acknowledge and agree that Quotec owns or has a licence to use all intellectual property rights pertaining to the Site and the Content.
4.3 Except as permitted by the Copyright Act 1968 (Cth), no part of the Site may be modified or reproduced by any process without the specific written permission of Quotec.
5. THIRD PARTY SUPPLIERS
5.1 Where Quotec offers you the ability to search for, select and make reservations with third-party suppliers within the Site you agree that:
(a) all information you supply is true and accurate;
(b) you will use the Site only to make legitimate reservations for you or others for whom you are legally authorised to act; and
(c) any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her access to this Site terminated.
5.2 Quotec is not responsible in any way for the accuracy or completeness of information of third-party suppliers on the Site and any information of third party suppliers displayed on the Site or the sites and other medium of such third parties.
5.3 Quotec is not responsible or liable for any dispute or conflict involving an actual or potential transaction between you and any third party supplier, including the accuracy of the listing content, the quality, condition, safety or legality of product or content of such third party supplier
6. WARRANTIES & INDEMNITIES
6.1 You represent and warrant to us that you have the legal capacity and authority to enter into these Terms.
6.2 You agree to indemnify Quotec against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:
(a) any breach of the Terms by you;
(b) the User Content;
(c) your use of the Site which is negligent or infringes the rights of any third party; and
(d) any products you acquire through the Site and their use or non-use by you.
7.1 You acknowledge that:
(a) Quotec gives no warranties as to and does not vet, authorise or endorse the accuracy, currency, suitability, completeness or relevance of any information contained or accessed through the Site including the Content and User Content (Information);
(b) Quotec takes no responsibility for the currency, accuracy, completeness or relevance of the Information or for programming bugs or computer viruses, faults or errors in the Site or the Information;
(c) Quotec does not examine, determine or warrant the certification, licensing, competence, insurance, solvency or information of any business listed on the Site;
(d) You will not rely solely on the Information in determining whether to use the Site and you will make your own enquiries as to the suitability of the Information;
(e) Quotec may, without notice to you, and at any time, modify or discontinue your access to the Site;
(f) Quotec does not warrant or represent that:
(i) any Content, User Content message posted, uploaded or otherwise transmitted to or from the Site has not been altered in transmission;
(ii) any message posted, uploaded or otherwise transmitted to or from the Site will be received by the intended recipient; or
(iii) any information downloaded or otherwise transmitted to you from the Site is free from viruses, faults or errors.
8.1 As a user of the Site, you understand and agree that:
(a) Quotec will not have any liability to you or others for any unauthorised transactions made using your account;
(b) the unauthorised use of your account could cause you to incur liability to both Quotec and other users.
8.2 To the full extent permitted by law Quotec excludes:
(c) all liability in respect of loss of data, interruption of business or any consequential or incidental damages; and
(d) all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
8.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, Quotec limits its liability in respect of any claim to, at its option:
(a) in the case of goods:
(i) the replacement 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 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.
9.1 These Terms terminate automatically if, for any reason, Quotec ceases to operate the Site.
9.2 Quotec may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
10.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
10.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
10.3 Quotec not liable for any delays in performing any obligation under these Terms caused by circumstances beyond its reasonable control, including but not limited to catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any failure of you to act in a timely or appropriate way.
10.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
10.5 These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
10.6 Any additional terms and conditions that appear on the Site will govern your use of, and access to, certain sections of the Site where they appear (Additional Terms). Since these Additional Terms form part of the Terms you are bound by them and should review them wherever they are relevant to you when using the Site.