Website Terms and Conditions - Yes Quote It

 

1 Introduction

This Website is owned by Yes Quote It Pty Ltd (ABN 58 615 611 302) ( “Yes Quote It”). By accessing or using this Website, related services and our platform, you agree to these Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Yes Quote It.

 

2 About Yes Quote It

(a) Yes Quote It is a platform to enable users to easily receive quotes from accommodation and other services providers.

(b) By using this service and requesting quotes through our website, you agree to be bound by these Terms.

(c) The parties acknowledge that Yes Quote It acts as a broker, not an agent, between the parties.

 

3 Definitions

(a) Accommodation means accommodation at residential holiday properties.

(b) Booking means a booking made by a User of Accommodation or Services from a Quote.

(c) Credits means credits purchased by Providers.

(d) Provider means a third party provider of Accommodation or Services.

(e) Quote means a quote provided to a User by a Provider.

(f) Services means services offered by a Providers.

(g) Users means users who use the Website to request quotes from Providers.

(h) Website means the Yes Quote It Websites located at www.yesquoteit.com

Registration

 

4.1 Users

This clause ‎4.1 relates to Users.

(a) You may need to be a registered user to access certain parts of our Website and to request quotes from Providers.

(b) When you register, and activate your account, we may require personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current.

(c) When you register and activate your account you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name.

(d) To create an account, you must:

(i) be at least 18 years of age;

(ii) possess the legal right and ability to enter into a legally binding agreement with us; and

(iii) agree and warrant to use the Website in accordance with these Terms.

 

4.2 Providers

This clause ‎4.2 relates to Providers.

(a) Providers will need to register an account to provide Quotes to Users.

(b) You may be required to provide us with certain information, including:

(i) your personal information, including your name, email address and preferred contact numbers;

(ii) details of your Accommodation or Services including its address and description; and

(iii) any other information we may require from time to time.

(c) Once you submit your registration, Yes Quote It will endeavour to process your registration as soon as possible.

(d) Registration to the Website is free, however Providers may need to purchase Credits in order to provide Quotes to Users.

(e) You agree that any information submitted in a Quote is accurate, up to date and is a true description of the Accommodation or Services. It is your responsibility to notify Yes Quote It should there be any material change to the information about you or your Accommodation or Services and to ensure that information relating to the availability of your Accommodation or Services are kept up to date.

(f) We reserve the right to reject a registration or delete your account at any time based on negative reviews received from Users or for any other reason at our absolute discretion.

(g) When you register, and activate your account you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name.

(h) To create an account, you must:

(i) possess the legal right and ability to enter into a legally binding agreement with us; and

(ii) agree and warrant to use the Website in accordance with these Terms.

 

5 The Yes Quote It Matching Process

(a) The Website provides a platform for Users to receive Quotes from Providers.

 

6 Quote Requests

(a) Users can choose the location, dates and type of Accommodation or Services that they wish to receive Quotes on from Providers.

(b) Providers will be notified of Quote Requests on their registered email if a Quote request matches their Accommodation or Services.

(c) Providers can respond to a Quote request with a Quote for Accommodation or Services.

(d) Quotes from Providers will be sent to a User’s registered email address and will contain a description of the Accommodation or Services and the contact details of the Provider.

(e) Users can accept a Quote and make a booking for Accommodation by contacting the Provider directly and making payment through one of the Providers approved payment methods.

(f) While Yes Quote It will make reasonable efforts to work with Users and Providers, the User accepts that from time to time an Provider may not be able to fulfil a Quote.

(g) Payments for Quotes should be made directly to the Provider.

(h) Users are responsible for making reasonable enquires to ensure that the Provider has appropriate insurance in place. It is recommended that such enquiries are made prior to accepting a Quote from the Provider and making payment.

 

7 Purchasing Quote Credits

(a) Providers may be required to purchase Credits which can be used to respond to Quotes.

(b) Providers can choose either purchase Credits through a monthly subscription plan or pay as you go.

(c) The prices for Credits and subscription plan will be displayed on the Website and Yes Quote It reserves the right to change prices at any time.

(d) Providers will be required to spend two Credits to respond to one Quote Request.

(e) All Credit purchases are final and cannot be refunded or transferred to any other account or Provider.

(f) Subscriptions can be cancelled at any time which will take affect at the start of the next billing period. We are under no obligation to provide a refund for any unused Credits on an Account.

(g) Credits will be automatically deducted from a Provider’s account if they respond to a Quote.

(h) Yes Quote It makes no guarantees or representations that a User will accept a Quote and make a booking.

(i) Credits from a subscription plan expire at the end of each billing period and do not roll over month to month.

 

8 Accommodation and Services

(a) When a User accepts a Quote and makes payment to an Provider, this creates a binding agreement between User and Providers.

(b) Providers agree to provide the Accommodation or Services set out in the Quote.

(c) Providers may have their own terms and conditions to govern the relationship between the Provider and the User.

(d) Yes Quote It will not be liable for any dealings or Bookings between the User and Providers.

 

9 The Client’s relationship with Yes Quote It

(a) We provide a platform to connect Users with Providers.

(b) The parties acknowledge and agree that Yes Quote It is not a party to any dealings, transactions or supply of goods, Services or Accommodation between Users and Providers.

(c) Users and Providers agree that they will not hold Yes Quote It responsible for any damage caused directly or indirectly by services which originated through Yes Quote It. We make no representations or warranties in relation to Providers or Users.

(d) The Provider is responsible for complying with all applicable laws in relation to providing Accommodation to the User.

(e) Users will at all times indemnify Yes Quote It and its officers, employees and agents from any loss or liability reasonably incurred or suffered which was caused by:

(i) a breach by that User of its obligations under these Terms;

(ii) any wilful, unlawful or negligent act or omission of that User.

(f) Providers will at all times indemnify Yes Quote It and its officers, employees and agents from any loss or liability reasonably incurred or suffered which was caused by:

(i) a breach by that Provider of its obligations under these Terms;

(ii) any wilful, unlawful or negligent act or omission by that Provider;

(iii) any Quote, Services or Accommodation that is supplied to a User.

 

10 Accuracy, completeness and timeliness of information

(a) The information on our Website is general in nature and should not be relied upon.

(b) The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

(c) We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

(d) We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

 

11 Linked Website

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

12 Intellectual property rights

(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (“ Content”).

(b) Your use of this Website, the platform and the Content does not grant or transfer any rights, title or interest to you in relation to this Website, platform or Content. However, we do grant you a licence to access the Website, the platform and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.

(c) Any reproduction or redistribution of this Website, the platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

 

13 Unacceptable activity

(a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

(i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other legal rights of individuals;

(ii) providing Accommodation or Services in breach of any laws;

(iii) using this Website to defame or libel us, our employees, Providers or other individuals;

(iv) uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;

(v) posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is detrimental to or in violation of our systems or a third party's systems or network security.

(b) If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

 

14 Warranties and disclaimers

(a) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

(b) We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, the platform or any Content, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

(c) Under the ACL you may have certain rights which cannot be excluded. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

(d) To the extent permitted by law and without limiting your rights under the ACL, if Yes Quote It fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits Yes Quote It to limit their liability in respect of such failure, the liability of Yes Quote It is limited to the value of the Quote.

 

15 Liability

(a) To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website, the platform and/or the information or materials contained on it, or as a result of the inaccessibility of this Website, the platform, or supply of services from Carers listed on the Website, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

(b) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

(c) Users understand that Quotes and Accommodation are supplied by third party Providers and that Yes Quote It has no liability for any act, omission or default, whether negligent or otherwise in relation to a Quote, Accommodation or Services supplied by a Provider.

 

16 Collection notice

(a) We collect personal information about you in order to provide you with our services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.

(b) We may disclose that information to third parties that help us deliver our services (including information Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to PayPal, developers and other third parties in order to assist with investigating issues.

(c) Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@yesquoteit.com.

(d) By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

 

17 Force Majeure

Yes Quote It will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to

(a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and

(c) strikes.

 

18 How you can contact us

(a) If you have any queries about Yes Quote It, Providers, or the Users, you are able to submit such queries by contacting us at support@yesquoteit.com.

(b) Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.

 

19 Jurisdiction and governing law

Your use of the Website and these Terms are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

     

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