QuoteIT Terms and Conditions
Thank you for using QuoteIT.
This site requires suppliers to provide timely and professional responses to buyer requests and provide outstanding service to QuoteIT members. At the same time QuoteIT asks consumers to be straightforward about their buying intentions by responding to merchant communications in a timely manner. The QuoteIT community works because each party respects the time and expertise of the other members.
Access to and use of the QuoteIT site is provided subject to the following terms and conditions. We would ask that you please read these terms and conditions carefully as your use of the site and QuoteIT's services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services.
QuoteIT may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
Our Terms and Conditions apply when we provide services. In these terms, we have used "we" or "our" for QuoteIT, "you" or "your" for our members either as a supplier or as a requester or buyer of the site for everything we do in connection with our electronic directories.
1. SERVICES
QuoteIT provides a service that allows buyers to request quotes (RFQs) from multiple suppliers. This service is meant to be a positive one for both the requester and the supplier culminating in satisfying both parties.
QuoteIT may not always be able to match your RFQ(s) with suppliers. While we seek to enlist only the highest quality suppliers, we do not guarantee the quality or the credentials of the suppliers who receive and respond to your RFQ. As QuoteIT is a conduit for matching buyers with suppliers, we are not responsible for any transaction that may occur between you and/or your company and a QuoteIT participating supplier. QuoteIT does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase or sale of products or services.
Should you have a dispute with any supplier or buyer, you must address such dispute with the supplier directly. You hereby agree to release QuoteIT (and our employees, contractors and agents) from any and all damages or claims (including consequential and incidental damages, loss of profits or business) arising out of or in any way connected with such disputes and your transactions with suppliers or buyers.
2. YOUR USE OF QUOTEIT SERVICES
QuoteIT enables you to initiate transactions for the purchase and sale of products or services. However, QuoteIT is not the supplier of such products or services, nor is it a third party to any transactions involving such products or services. QuoteIT matches RFQ(s) from requesters to participating suppliers.
You agree that by completing an RFQ, you acknowledge that you have a desire to proceed with a potential purchase, to fulfill such RFQ via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.
It is agreed that your use of QuoteIT services is for purchasing or selling purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that QuoteIT screens your RFQ(s) and has the right (but not the obligation) in our sole discretion to deny any RFQ that is in violation of these terms and conditions.
If it is determined or suspected by QuoteIT in its sole discretion that you are misusing or attempting to misuse or circumvent the QuoteIT services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, QuoteIT reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
3. INFORMATION YOU PROVIDE TO US
When using QuoteIT services, you will be prompted to disclose certain information about yourself and your purchasing requirements. This information will be sent to matching suppliers who will need this information to respond to you. You agree to only complete an RFQ for yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or QuoteIT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QuoteIT has the right to refuse you any current or future use of the QuoteIT services. You are responsible for any use of the QuoteIT services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms & Conditions indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy.
4. YOUR USE OF QUOTEIT CONTENT
QuoteIT also provides content including but not limited to text, software, photographs, graphics, data, and other material ("Content") that are protected worldwide by copyright and other laws. The Content includes both content owned or controlled by QuoteIT and content owned or controlled by third parties and licensed to QuoteIT. QuoteIT authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of QuoteIT. You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of QuoteIT content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
5. LINKS TO THIRD PARTY SITES
There are links in the QuoteIT web site that will allow you to leave QuoteIT's web site. The linked sites are not under the control of QuoteIT, and QuoteIT is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. QuoteIT is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by QuoteIT of the site.
6. UPGRADES, SUPPORT AND NOTICES
QuoteIT may send you information and offers about upgrades, documentation, special announcements and other services offered by QuoteIT. You acknowledge and agree that QuoteIT has the right to do so. You can choose to opt out of these communications by changing your notification preferences as described in our Privacy Policy. Notwithstanding the foregoing, under no circumstances will QuoteIT or any of its suppliers have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services provided.
7. BECOMING A MEMBER
Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by QuoteIT to ensure it is kept current at all times. You must not register as a member under multiple identities or persons (whether false or not). QuoteIT may phone or mail you to verify these details.
Upon signing up to this site in any form whatsoever, you hereby declare that you will not in any way attempt to replicate, copy or reproduce a site similiar to this.
8. FEES
QuoteIT charges fees to the supplier only for the opportunity use of the web site to bid against an RFQ. QuoteIT's current fees are listed on our fees page in the FAQ section. QuoteIT reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. QuoteIT will happily review any request for quotes that suppliers deem to be inappropiate and will issues a credit to your account when our review of the request for quote deems the quote to be inappropiate.
9. CREDIT ACCOUNTS
QuoteIT maintains credit accounts for each member supplier from which member supplier fees are deducted. Acceptance of these terms and conditions constitutes authorisation for QuoteIT to deduct applicable fees including subscriptions from the supplier account for transaction conducted through the site.
Suppliers are required to maintain a credit balance in the account in order to for QuoteIT to process a response to an RFQ. Credit Accounts must be replenished with a $50 minimum initial and subsequent replenishment amount (an admin fee of $3.00 will be charged on all credit card top-ups therefore, to top-up your account with $50 will result in $53 being credited to your card). These prepaid amount are non-refundable and have an indefinate life (do not expire). Failure to maintain a credit balance will result in you breaching our terms and conditions and can lead to your place in the site being given to the next business in the waitlist.
11. RESPONDING TO QUOTES
QuoteIT limits the number of businesses in each category to ensure that each supplier has a fair chance of winning the request for quote. Suppliers are therefore required to respond to a miminum of 75% of all request for quotes they receive in order to maintain your place on the site. This will be calculated on a weekly basis with failure to comply to the above conditions seen as a breach of our terms of conditions.
If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of QuoteIT credits, bonus credits, or any free credits gifted to the member on registration will not be refunded nor refundable.
If you have not logged on to the web site for a period of 24 months (two years), any unused balance on your account is forfeited to QuoteIT and your membership will be suspended.
12. GENERAL TERMS
You acknowledge and agree that the QuoteIT services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and QuoteIT's sole obligation to you or any third party for any claim arising out of your use of the QuoteIT services or the QuoteIT Web site, is that you may terminate use of the QuoteIT services or the QuoteIT Web site at any time. QuoteIT and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. QuoteIT expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and any and all liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if QuoteIT has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it.
You agree to indemnify QuoteIT, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including legal fees, made by any third party due to or arising from your use of the QuoteIT services or connection to the QuoteIT web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of QuoteIT's successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of QuoteIT to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the QuoteIT services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuoteIT as a result of this Agreement or use of this Web site.
This Agreement is governed by the laws New Zealand. All our services are provided in New Zealand and under New Zealand law. You may take legal action against us only in a New Zealand court.
We may send you notices to either the last postal address, last fax number or last email address you have given us. Please advise us straight away if you change any of your contact details. You may send us notices by email to inquiries@quoteit.co.nz .
Both you and we can assume that any notice sent by mail has been delivered 3 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5 p.m. on a weekday or, if not, then on the next weekday.
This agreement constitutes the entire agreement between you and QuoteIT with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and QuoteIT with respect to this site.
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