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BETWEEN: DoMyQuote Pty Ltd ACN 133 198 651 AND: A party who uses this website ("Buyer").

By using this Website the Buyer agrees to be bound by these terms and conditions:

1. Definitions

In this Agreement the following terms have the following meanings

"Detail" means all information provided by Buyer in relation to the Buyer attempting to identify a suitable Supplier through use of the Website. "Information" means all Information the Buyer voluntarily provides by posting it to the Website as well as any domain, IP address or email address recognized by our web server when the Buyer browses the Website.

"Supplier" means any supplier of products or services who is a subscriber to the Website and to whom the Buyer may be introduced to by using the Website.

"Website" means the marketing site operated by DoMyQuote at www.domyquote.com.au or www.domyquote.com plus any affiliated or associated Website and, as the context requires, includes all the functions of the Website in facilitating Buyer identification and selection of a Supplier suitable to the Buyer needs.

2. Responsibility of DoMyQuote

The purpose of the Website is to facilitate the matching of Buyer needs with the services of Suppliers that the Buyer may identify by using the Website. DoMyQuote is a facilitator only in this process and the Buyer acknowledges and agrees that DoMyQuote is not a party to any arrangement or transaction between Buyer and any Supplier.

It is a condition of using the Website that the Buyer read the DoMyQuote Privacy Policy (see the link on this Website). The Buyer acknowledges and agrees that the Buyer has read the Privacy Policy and agrees to the disclosure of Buyer Information as set out in that Policy and in accordance with this Agreement.

Specifically, the Buyer agrees and request DoMyQuote to forward Buyer Information to Suppliers matching the detail the Buyer submits.

Buyer agrees that Suppliers may contact the Buyer directly and Buyer expressly release DoMyQuote 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 Buyer detail pursuant to Buyer use of the Website; or
  • b) Any contact, communication or conduct that occurs pursuant to Buyer use of the Website, regardless of whether such contact, communication or conduct is relevant to the services Buyer may be seeking or the detail submitted by Buyer.

Buyer acknowledges and agrees that DoMyQuote has no control or influence over the conduct of any Supplier and may not be held liable for the conduct of any Supplier.

Buyer acknowledges that the Suppliers subscribe to DoMyQuote and DoMyQuote refers details to them in return for a fee. For the purposes of the Website, DoMyQuote has no other relationship giving rise to a benefit from any Supplier and DoMyQuote does not endorse, recommend or promote any Supplier in preference to any other Supplier.

The Website may provide the Buyer with details rating the performance of particular Suppliers or the experience or opinions of other users of the Website in relation to particular Suppliers. Buyer acknowledges and agrees that any comment, opinion or feedback or referrals about any Supplier available on the Website does not represent the opinion of DoMyQuote and does not represent an endorsement, recommendation or promotion by DoMyQuote of any Supplier.

Domyquote will endeavour to refer the Buyer detail to three appropriate Suppliers, subject to the availability of Suppliers that provide services in the Buyer postcode area. The Buyer expressly releases DoMyQuote and hold it harmless in respect of any complaint or claim of any sort arising from any unavailability of Suppliers.

Subject to availability, DoMyQuote will refer Buyer detail to up to three Suppliers or more if not accepted by any initial Supplier selected by DoMyQuote in accordance with the following criteria:

  • a) The appropriateness of a Supplier by reference to the detail the Buyer submitted;
  • b) Fees paid by a Supplier to DoMyQuote in respect of that Supplier's acceptance of the quote; and

The Buyer choice of any Supplier is entirely a matter of the Buyer own preference and responsibility. Buyer expressly release DoMyQuote and hold it harmless in respect of any complaint or claim of any sort arising from or incidental to the DoMyQuote referral of the Buyer detail to any particular Supplier/s.

Buyer acknowledges and agrees that:

  • a) Buyer is not required to engage any of the Suppliers that DoMyQuote may refer Buyer detail;
  • b) By using the Website the Buyer choice of Suppliers is not limited to those Suppliers to whom we may refer Buyer detail; and
  • c) The Website will grow to include a database the Buyer is free to use that lists Suppliers and their contact details as well as the names and contact details of other providers of services who may not be subscribers to the Website.

3. Comments

The Buyer acknowledges and agrees that DoMyQuote may contact the Buyer via telephone, SMS, email, post or any other form of electronic or conventional communication media for the purposes of: obtaining feedback, opinion and comment from Buyer regarding the Website or the Suppliers.

The Buyer is invited to post comments, compliments, criticisms and other observations regarding the Website and any Suppliers on the Website and agrees that such feedback posted by Buyer will be honest, fair and reasonable and capable of being substantiated. Buyer acknowledge and agree that DoMyQuote may at any time in its sole and absolute discretion remove from the Website any feedback posted by Buyer.

Buyer acknowledges and agrees that, subject to the Privacy Policy, any information or feedback the Buyer provides or post to the Website is and will be treated by DoMyQuote as non confidential and non proprietary and that domyquote may use such material without restriction.

The Buyer must not post or transmit any material or feedback on the Website that is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable.

Domyquote does not warrant that Suppliers will respond to questions or comments submitted by the Buyer to the Website.

4. DoMyQuote Reservation Of Rights

Domyquote 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 the Buyer; or
  • b) Modify or discontinue any services DoMyQuote offers at any time without notice or liability to the Buyer.
  • b) Market other goods or services provided by DoMyQuote or any of the DoMyQuote group of companies or related entities.

5. Warranties By Buyer

Buyer will not:
Post to the Website or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs; damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to DoMyQuote or do anything that compromises the security of the Website or take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;

Impersonate any other person when posting material to the Website; disrupt the flow of dialogue on the Website or otherwise act in a manner that negatively affects other users of the Website;

Use the Website to engage in misleading or deceptive on-line marketing practices; to transmit junk mail, spam, advertising, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; or for illegal purposes including, but not limited to, posting to the Website information encouraging conduct that would constitute a criminal offence; or send any unsolicited commercial emails to users, whether individually or as a group;

6. Intellectual Property

All intellectual property rights in information, data and materials used or appearing on the Website including, but not limited to, all software, tools, know-how, equipment or processes, trademarks, logos or other materials shall remain the sole and exclusive property of DoMyQuote or its licensors. The Buyer acknowledges and agrees that the Buyer will not acquire any rights, title or interest in or to any of DoMyQuote intellectual property rights.

To the extent that the Buyer submits any information material to DoMyQuote relating to a detail or for otherwise posting on the Website, the Buyer automatically grants DoMyQuote a license to use the information or material for the purpose for which it is provided.

7. Disclaimer & Acknowledgments

The Buyer acknowledges and agrees that DoMyQuote 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 Supplier or its services. To the fullest extent legally possible, DoMyQuote excludes any representation or warranty concerning the Website, any Supplier or any third party Website referred to or connected via the Website.

Buyer acknowledges and agrees that none of the following legal relationships are applicable between DoMyQuote and any Supplier or between DoMyQuote and Buyer: principal and agent; employer and employee; partnership or joint venture.

Without limitation to any of these terms, Buyer acknowledges that:

  • a) DoMyQuote does not warrant the truth, accuracy or currency of the material or information Suppliers provide; in respect of any name or contact information or other information relating to a Supplier or other provider of services appearing on the Website, DoMyQuote does not warrant the truth, accuracy or currency of such information;
  • b) DoMyQuote does not control, endorse, approve or warrant to the Buyer the merchantability or fitness for any particular purpose of any of the products or services of third parties (including Suppliers) referred to on the Website or whose identities become known to Buyer as a result of using the Website or otherwise;
  • c) DoMyQuote does not warrant to Buyer that anything on the Website or any third party Website referred to or connected via the Website is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
  • d) The Buyer should satisfy through their own enquiries as to the condition or suitability of any Supplier, their services or any other goods and/or services supplied, offered by or recommended by or on behalf of a Supplier. Buyer agrees to consult professionals for advice that is specifically tailored to Buyer particular circumstances;
  • e) DoMyQuote does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Suppliers;
  • f) Domyquote does not endorse or recommend any Supplier or goods or services, including where details of a Supplier are provided by DoMyQuote to Buyer or otherwise become known to Buyer using the Website;
  • g) DoMyQuote is not a party to any arrangement or transaction of any sort between Buyer and any Supplier and Buyer (not Domyquote) are responsible for paying the Supplier for any goods or services supplied;
  • h) Buyer is solely responsible for all obligations under any agreement the Buyer enter with any Supplier;
  • i) DoMyQuote does not warrant that the Website or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
  • k) the Website may experience interruptions and access difficulties from time to time and DoMyQuote 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 DoMyQuote control; and
  • j) DoMyQuote is not liable for any loss or damage whether directly or indirectly incurred by Buyer or any third person as a result of any failure or delay in DoMyQuote doing anything, including, but not limited to, transmitting any information to a Supplier or to Buyer or removing any information or Supplier from the Website.

Buyer agrees that DoMyQuote and any associate or related entity of DoMyQuote has no responsibility or liability for the actions of other users of the Website.

Buyer agrees and warrants that Buyer will provide DoMyQuote with complete and accurate contact details when using the Website to enable Suppliers to contact Buyer as requested.

8. Limitation of liability

To the extent permitted by Law DoMyQuote excludes all liability to Buyer 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 Buyer access to the Website; or
  • b) Use of the Website or information on or provided through the Website or any information or advice otherwise provided by DoMyQuote or a Supplier; or
  • c) Any arrangement, contract, agreement, conduct or communication by or between any Supplier and Buyer, even if DoMyQuote is aware or ought to have been aware of the possibility of such loss or damage.

If, despite DoMyQuote role and despite the exclusions of liability set out in these terms, DoMyQuote has any liability at law in respect of the supply of any goods or services or the use or operation of this Website then, to the extent permitted by law, DoMyQuote and all associates and related entities of DoMyQuote 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 DoMyQuote sole discretion):

  • a) In the case of products, any one or more of the following:
    • (i) the replacement value of the products or the supply of equivalent products;
    • (ii) the repair of the products;
    • (iii) the payment of the cost of replacing the products or of acquiring equivalent products; or
    • (iv) the payment of the cost of having the products repaired; and
  • b) In the case of services, either of the following:
    • (i) the supply of the services again; or
    • (ii) the payment of the cost of having the services supplied again.

9. Indemnity

Buyer indemnify and hold DoMyQuote and its parent, related entities, associates, researchers, 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 Buyer or a Supplier arising out of or in any way related to Buyer use of the Website or breach of these terms, or any violation by Buyer of any law or the rights of a third party.

10. Breach

Without limiting other remedies available to DoMyQuote at law, in equity or under this Agreement, DoMyQuote may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Buyer access to the Website and refuse to provide services to Buyer if:

  • a) Buyer breach any of these terms;
  • b) DoMyQuote is unable to verify or authenticate any information Buyer provide; or
  • c) DoMyQuote believes that Buyer actions may cause damage and/or legal liability for domyquote, any Supplier or any other party.

11. Termination

Domyquote may refuse to supply details on any requests for quotes the Buyer may enter on the Website at any time without prior notice.

12. Disputes

If a Dispute arises, a party may give written notice to the other party that a Dispute exists A Dispute Notice must provide the recipient with full particulars of the matters in dispute.
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 not resolved within twenty (20) days of the meeting or if the meeting has not taken place, the parties 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 with the costs of the mediator and the venue 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 any mediation pursuant to this clause is to take place in Sydney, Australia.

13. Website links

Domyquote may provide links from its Website to Websites maintained by third parties. Such linked Websites are not under the control of DoMyQuote and DoMyQuote is not responsible for the contents of any linked Website or subsequently linked Websites.

Domyquote 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 DoMyQuote Website.

14. General

Entire Agreement
This Agreement sets out the entire understanding and Agreement between the parties with respect to its subject matter.

Governing Law
This agreement is governed in all respects by the Laws of the State of New South Wales, Australia. Buyer irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales and to the Federal Court of Australia sitting in New South Wales.
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) Buyer agrees that these terms may not be construed adversely against DoMyQuote solely because DoMyQuote 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.

Notices
DoMyQuote may provide notices to Buyer by simply posting the notice on the Website. This is in addition to any other mode of service permitted by Law.

No waiver
DoMyQuote failure to take action with respect to a breach by Buyer or others does not waive the DoMyQuote right to take action with respect to subsequent or similar breaches.

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.

Survival
All clauses capable of surviving termination of this Agreement shall do so.

Variation
DoMyQuote may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Website .

15. Eligibility

Buyer acknowledges and agrees that the service offered at this Website is available only to persons aged 18 years and over. Buyer represents and Warrant that Buyer is at least 18 years of age.