YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT, IN PARTICULAR THE LIMITATIONS OF LIABILITY.
By using this Website the Supplier agrees to be bound by these terms and conditions:
In this Agreement:
"Account" means the total amount payable by you, which is calculated by multiplying each relevant Quote Cost by the number of DoMyQuote Requests or Appointments which have occurred in connection with the Web Site and Services to which you have subscribed;
"Affiliates" means any of our affiliated companies, or any other person or business which has, or in which DoMyQuote has, a direct or indirect interest;
"Agreement" means the General Terms and Conditions; the relevant Special Terms and Conditions; and such other terms and conditions as may be notified to you by us from time to time;
"Buyer" means a visitor to the Web Site who has indicated they are interested in investigating or purchasing goods or services;
"Category" means any one of the products or services into which a DoMyQuote Request may be divided from time to time;
"Confidential Information" means all confidential information disclosed (whether orally in writing, or by another means and whether directly or indirectly) by one party to the other party whether before or after the date of this Agreement including, without limitation, information relating to the disclosing party’s business, plans or intentions, know-how, service information, trade secrets and market opportunities;
"Copy" means the style, content and form of your Entry which may appear on our Web Sites and other materials, as approved by us;
"domyquote" means DoMyQuote Pty Ltd (.ACN 133 198 651), whose registered office is at Unit 2 23-25 Arnold Street Killara NSW Australia 2071
"domyquote Request" is the requirements as outlined by the buyer and is an offer to purchase to you by us; or such other service as we shall make available to you from time to time;
"Directory" means the complimentary listing of your business description, to which suppliers may directly request quotes
"Entry" means a synopsis of your business, as approved by us;
"General Terms and Conditions" means the terms and conditions contained in Part 1 of this Agreement;
"Intellectual Property Rights" means all intellectual property rights of any nature whatsoever, whether registered or unregistered including, without limitation, patents, copyrights, performer’s rights, recording rights, moral rights, trademarks, designs, know-how, database and rights in Confidential Information;
"Law" means any law, statute, regulation, instruction, guideline or code of conduct having force of law of any governmental or other regulatory authority of competent jurisdiction (including but not limited to any term in any licenses issued by any such authority and any data protection requirements) in all cases as amended, replaced and supplemented from time to time;
"Log-in" - All registered Suppliers have access to make changes to their details plus they also have access to review all Quote Request Investments.
"Quote Cost" means the cost of a DoMyQuote Request made in connection with your Entry and/or the Services provided by us to you; All payments paid via the website are to be in Australian currency.
"Services" means the services subscribed to by you to be provided by us under this Agreement, which you have selected on our Web Sites, or in discussion with our research staff, and through which you receive DoMyQuote Requests
"Supplier" means a visitor to the Web Site who has indicated they are interested in investigating or supplying products or services;
"Testimonial" means a genuine quote from a customer (who may have been a Buyer) providing feedback on the products or services provided by you; and
"Web Sites" means the web sites run by us or subsidiary companies, from time to time, which are used to offer our Services on the Internet (as amended from time to time and identified on the www.domyquote.com.au homepage),
In this Agreement:
"we" means DoMyQuote who is entering into this Agreement and "us", "our" or "ours" shall be construed accordingly; and you" means the natural or legal entity of the supplier who is entering into this Agreement (as may be specified on the email, Order Form or other communication from you to us) and "your" or "
There are three payment options:
1. Suppliers can accept indivisual Quote Requests as they are received via credit card in Australian dollars (including GST) as they are emailed or by logging on via the Suppliers log in.
2. Accept a minimum of five appointments in advance In consideration of the Services provided by us, you shall pay us the Account by direct debit or credit/debit card via the payment options offered.These payments must be in Australian currency.
We will send you an invoice via email (to the email address supplied by you for such purposes) on offering a DoMyQuote Request that has occurred in connection with the Web Site to which you have subscribed and the Quote Costs.
If you do not pay your Account if agreed to be by Direct Debit in full within 4 working days after the receipt of invoice (the "Due Date"), we may (at our sole discretion) do any or all of the following:
This Agreement shall commence on the date hereof and continue until terminated in accordance with this Agreement.
Add your interest to your registration for each Directory to which you have subscribed, which shall include, full company name and contact details and three Testimonials, in accordance with the procedures required by us from time to time and stated on the Web Site.
Acknowledge and agree that we retain full editorial control over all Entries on our Web Sites and that we will own all Intellectual Property Rights in the Copy and Entries, save that DoMyQuote shall not own any of your Supplier Branding.
Not resell, pass on or otherwise disclose any information arising from or in connection to a Quote Charge or DoMyQuote Request to any third party and such information is expressly provided to you for use in accordance with this Agreement only.
Agree to the following in relation to the products or services you provide to any Buyer following a DoMyQuote Request:
Have sole responsibility for the products or services provided and in the event you have a dispute with one or more Buyers, you release us, our Affiliates, our agents, researches and employees from any claims, demands, and/or damages arising out of or in any way connected with that dispute;
Not say anything to the Buyer or any third party to suggest that you are acting on behalf of us or that we have approved of or endorsed your products or services; and Have up-to-date and in force Public and Employers Liability insurance to cover a sum as appropriate for the goods or services you provide and connected potential liability.
You hereby grant us an irrevocable perpetual non-exclusive worldwide license to publish your details and your Copy and Entries on our Web Sites and other materials, and to link your web site.
The positioning, placement and appearance of your Entry on our Web Sites and other materials is to be determined by us at our sole discretion and we reserve our right to refuse any application to subscribe for our Services.
We do not guarantee the quality of any DoMyQuote Request you receive. We shall not be liable in connection with any DoMyQuote Request for:
We reserve the right to vary the DoMyQuote Requests available to be performed in connection to the Services.
We reserve the right to change the structure and content of our Web Sites at any time.
We may source DoMyQuote Requests from the Website, any websites of our Affiliates or any other source that we consider appropriate.
We grant you a revocable non-transferable license to use our logos and such other of our Intellectual Property Rights as we may notify you of from time to time provided always that you:
You may terminate this Agreement by giving notice and the Agreement shall terminate 30 days after receipt of such notice by us. You shall pay for any DoMyQuote Request which takes place during this period up to the date of termination.
To be valid, notices to terminate made pursuant to clause 8.1 must be made by email to firstname.lastname@example.org or using any such alternative procedure and contact details provided by us for such purpose and notified to you in writing from time to time.
For the avoidance of doubt, the license granted to us shall survive the term of this Agreement and we may at our sole discretion decide whether or not to remove your Entry after termination of this Agreement.
For the avoidance of doubt, no refunds or credits will be payable by us for any termination by you.
The following events shall be deemed to be an "Event of Default if you":
On the occurrence of an Event of Default we may:
The termination of this Agreement shall not affect either party’s accrued rights or obligations, any duties of confidentiality, or any other provisions that are expressly or impliedly intended to survive termination.
You warrant that:
You shall indemnify and hold us harmless against any loss, liability and cost which we may incur as a result of any claim arising out of or in relation to any breach by you of any representation, warranty, undertaking or obligation contained in this Agreement (including, without limitation, each loss, liability and cost reasonably incurred as a result of defending or settling a claim alleging such a liability).
Should you have any complaint relating to a DoMyQuote Request such complaint may be validly notified by emailing us at email@example.com within 14 days of receiving the relevant DoMyQuote Request. If we agree that the DoMyQuote Request is not genuine or does not relate to the Directory in question, we will provide a further DoMyQuote Request free of charge as compensation. You hereby agree that you are not entitled to any refund and your sole remedy in connection with any disputed DoMyQuote Request
We can in no way be held in any way responsible should you fail to fulfill your obligations to a Buyer.
We do not guarantee that any DoMyQuote Request shall occur in connection with any Entry.
Our Websites are provided on an "as is" and "as available" basis. We expressly disclaim, to the fullest extent permitted by law, any and all warranties, conditions and other terms implied by statute or common law relative to the operation of our Websites or the information, content, and Services provided on or through our Web Sites.
We accept no liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any of the following:
(For the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.)
Our liability under this Agreement shall be restricted to the total amount (less GST) paid by you to us in the twelve month period immediately preceding the event which gave rise to such a claim.
Nothing in this Agreement shall limit our liability:
We shall not be liable for any delay in or non-performance of our obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond our reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
Each party undertakes to the other: (i) to keep confidential all Confidential Information regarding the other and not to disclose the same in whole or in part to any person (other than any employee, agent, researcher,, professional advisor or subcontractor having a need to know) without the other’s written consent; and (ii) to use Confidential Information belonging to the other party solely in connection with the performance of their respective obligations under this Agreement.
The provisions of this section shall not apply to any Confidential Information which is already in the public domain, lawfully obtained from a third party free from any duty of confidentiality, which was already in the possession of the receiving party at the time of entering into this Agreement, or where a party is required to disclose such Confidential Information as a matter of law.
You shall enter into this Agreement in your own right as principal and not as an agent to any third party.
The terms and conditions of this Agreement represent the entire agreement between the parties in relation to the subject matter of this Agreement.
A delay by either party in exercising any of its rights and remedies shall not constitute a waiver of those rights and remedies unless expressly agreed in writing.
The invalidity of any term or condition of this Agreement shall not affect the validity of the remainder of this Agreement.
The parties hereto are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
We may freely assign or transfer this Agreement to any third party. You may not assign or otherwise transfer this Agreement without our prior written approval.
Unless expressly provided in these terms, no party who is not a party to this Agreement has any rights pursuant to the Contracts
This Agreement shall be governed by and construed in accordance with 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 the Federal Court of Australia sitting in New South Wales.