|Terms and Conditions|
QUOTE MY WHEELS
TERMS AND CONDITIONS OF SERVICE
1. ACCEPTANCE OF TERMS
1.1 This website www.quotemywheels.com.au (Website) is owned and operated by Dubston Pty Ltd and/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, “us”, “we” or “our”).
(a) persons viewing the Website or otherwise accessing the Website; or
(b) persons using the services offered by us through the Website,
all such persons collectively referred to as “Users”, “you” or “your”.
1.3 By accessing the Website, you acknowledge, agree to and accept the terms and conditions contained herein. You can review the most current version of this TCS at any time at http://www.quotemywheels.com.au/terms-of-use/.
1.4 In addition, the use of any Services shall be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TCS. The Provider may also offer other services that are governed by different terms and conditions of relevant Service.
2. DESCRIPTION OF SERVICES
2.1 The Services offered by the Provider through the Website include the following:
(a) Insurance Policy Comparison Quotation service: provision of car insurance policy comparison quotes. All quotes provided are derived from our proprietary database of quotes (Database) sourced from online quotes supplied by major insurance companies (Insurance Companies) using criteria comprising age, gender, rating, postcode and car value. Further information on this service may be found at [insert web page];
(b) Insurance Policy Search tool: provision of a customised car insurance policy search tool, enabling Users to search for car insurance policies that match their needs and requirements. All results derived by a User through the use of the search tool have been obtained by respective product disclosure statements or websites of the Insurance Companies;
(c) Insurance Companies’ Profiles: provision of Insurance Companies’ profiles, including brief description of the Insurance Companies, types of insurance policies and benefits offered and the Users’ rating of the Insurance Companies. All profiles have been obtained by respective product disclosure statements or websites of the Insurance Companies;
(d) Insurance Company Rating tool: provision of a tool enabling Users to leave ratings on Insurance Companies;
(e) Car Insurance Policy Renewal Reminder tool: provision of a reminder tool for renewing Car Insurance Policies, with reminders delivered by way of email to a User’s nominated email address at specified periods prior to the nominated renewal date
(f) Car Cost Calculator tool: provision of a guidance tool for estimating costs of a car for each year of use, based on a proprietary formula developed by the Provider for calculating such costs and information on registration and licensing fees and charges contained in websites of the Road and Traffic Authority in the respective states and territories of Australia, or any other government or regulatory authorities;
(g) Other Services: the Provider and/or its licensors may from time to time provide other Services, including further communications tools, live quoting and comparison services, different search functions as well as other features, content or applications offered or made available through or in connection with the Website.
2.2 IN SUPPLYING THE SERVICES AND IN ADDITION TO THE GENERAL DISCLAIMER SET OUT IN SECTION 18, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) the information provided in the Website or derived from the use of the Services (Information) is for guidance only;
(b) the Information may be subject to change without notice and does not take into account your objectives, financial situation or needs. The Provider does not warrant the accuracy, adequacy or completeness of the Information and no person may rely on the same. We recommend that you confirm all information provided, including quotes obtained, with the relevant Insurance Companies;
(c) the Provider has no control, authority or influence over any Insurance Company and cannot be held liable over the acts or omissions of any Insurance Company. You expressly acknowledge and agree that you will not hold the Provider legally or otherwise responsible for the conduct of any Insurance Company;
(d) the Provider is not a financial services provider and is not licensed to provide financial or investment advice. We also recommend that you consult an independent advisor should you require any financial advice relating to any information which you may have obtained or procured through this Website or the Services;
(e) unless explicitly stated otherwise, any new features, content or applications offered or made available from time to time by the Provider and/or its licensors that augment or enhance the Services, shall be subject to this TCS;
(f) the Services are offered, supplied and provided "as-is" and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings; and
(g) you are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Services.
3.1 In consideration of your use of the Services, you represent and warrant that:
(a) you are at the age of legal consent or older;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from receiving the Services under the governing laws of this TCS; and
(d) your use of the Services does not violate any applicable law or regulation.
4. USE OF SERVICES
4.1 You understand that the Website may include software embodied therein now or in the future (Software) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to usage rules set by the Provider and/or its licensors.
4.2 Unless to the extent otherwise specifically authorised by the Provider, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Services or all Information contained therein, and you may not use any of the Services or the Information in connection with any commercial endeavours.
4.3 You may only retrieve and display any Information on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use.
4.4 You further agree to not use the Services to:
(a) impersonate any person or entity, including, but not limited to, the Provider’s official, employee, consultant, guide, host or any other representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website or Services;
(c) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(d) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
(e) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
(f) intentionally or unintentionally violate any applicable local, state, national or international law;
(g) collect or store personal data about other Users.
4.5 You may not attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein. Any unauthorised reproduction, publication, further distribution or public exhibition of the Website, the Services or all Information contained therein, in whole or in part, is strictly prohibited.
5. DEALINGS WITH ADVERTISERS
5.1 The Website may include advertisements or promotions (Advertisements) necessary for the Provider to supply the Services, including all Advertisements that may be displayed from time to time on the Website. The financial arrangement between the Provider and the Advertisers comprises solely of the following:
(a) a fee based on the number of click throughs made by Users in respect of an Advertisement; and
(b) a commission-based referral fee of between $15 and $40 paid to the Provider in respect of purchases made by Users of products or services offered by certain Advertisers who are Insurance Companies, as a result of using the Services.
5.2 Whilst the Provider has a financial arrangement with the Advertisers as described above, the Provider does not in any way sponsor, endorse or approve any products or services offered by the Advertisers. The Provider does not have any other interests, financial or otherwise, in any Advertiser apart from the aforesaid financial arrangement.
5.3 Your correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Website, including payment and delivery of products or services offered by the Advertisers, including any Insurance Companies, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser.
5.4 IN ADDITION TO THE GENERAL DISCLAIMER SET OUT IN SECTION 18, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) the Advertisements do not in any way represent a recommendation or an approval of the Advertiser or any product or service offered by the Advertiser and the Provider does not act on behalf of the Advertisers;
(b) the Provider does not in any way offer preference to one Advertiser over another, or to one product or service offered by an Advertiser over another product or service offered by the same Advertiser or a different Advertiser;
(c) you are not required to click on any Advertisement displayed on the Website, or use or purchase any product or service offered by any Advertiser, and if you do decide to do so, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Website.
6. DATA INPUT
6.1 You expressly acknowledge and agree that you will not post, email, enter, transmit or otherwise make available:
(a) any content or data, including any ratings on Insurance Companies (Data) that, in your firm belief, is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) any Data that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
(d) any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(e) 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.
6.2 You expressly acknowledge and agree that the Provider may access, preserve, and disclose all Data supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this TCS;
(c) respond to your requests for customer service, including requests for Car Insurance Policy Quotes and Car Insurance Policy Renewal Reminders;
(d) protect the rights, property, or personal safety of the Website, its users and/or the public.
6.3 You understand that the technical processing and transmission of all Data submitted by you may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.4 The Provider does not claim ownership of any Data you submit in connection with the Services. However, with respect to Data you submit, you grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (Licence) to use, distribute, reproduce, modify, adapt, publicly display the Data on the Website, in whole or in part, and to incorporate the Data into any proprietary works of the Provider in any format or medium now known or later developed for any purposes, including for the purposes of:
(a) providing and promoting specific Website or Services initiatives;
(b) compiling statistical references for improvement of Services or for use with any other initiatives, including initiatives by the Provider, Insurance Companies, Advertisers, any affiliates or third parties of any of the aforesaid;
(c) any other commercial or non-commercial ventures of the Provider or its affiliates.
7. SPECIAL ADMONITION FOR INTERNATIONAL USE
7.1 The Website is intended for Users from Australia only. If you access the Website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
8.2 You further acknowledge and agree that the Advertisements or the information presented to you by Advertisers are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
8.3 Except as expressly authorised by the Provider or Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works contained in the Website and services, in whole or in part.
8.4 The Provider grants you a personal, non-transferable and non-exclusive right and licence to use the object code of the Software on a single computer provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the Software.
8.5 You further agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Services or any Information.
8.6 You agree not to access the Website by any means other than through the interface that is provided by the Provider for such use.
9. TRADEMARK INFORMATION
9.1 The QUOTE MY WHEELS name, QUOTE MY WHEELS logo, other names and logos of the Provider as may be created, produced or used from time to time (QUOTE MY WHEELS Marks) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the QUOTE MY WHEEL Marks.
10.1 The Provider currently does not charge a fee to Users for accessing the Website and using the Services.
10.2 If the Provider is of the opinion that in order to provide further and better Services to Users, the Provider may decide to charge a small fee for the Services. You acknowledge that the Provider reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion (Fees). If you terminate the use of any Services in which a Fee is payable for any reason whatsoever, or if we decide to terminate your access to the Website under Section 13, you shall not be entitled to a refund of any unused portion of the Fees.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
11.1 You expressly acknowledge and agree that the Provider:
(a) may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Data submitted by you will be retained by the Website, the maximum number of quotes that may be provided and the maximum number of times and the maximum duration for which you may access the Services in a given period of time;
(b) has no responsibility or liability for the deletion or failure to store any quotes, calculations, results or other information or communication obtained or procured from or through the use of the Services; and
(c) reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO THE WEBSITE
12.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Services and any Information, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or Services therein.
13. SUSPENSION AND TERMINATION
13.1 You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website, bar any further use of the Services and remove any associated email address thereof.
13.2 Cause for such suspension or termination shall include, but not be limited to:
(a) breaches or violations of this TCS or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) discontinuance of the Website or any Services (or any part thereof);
(d) unexpected technical or security issues or problems.
13.3 You agree that all suspensions or terminations for cause shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such termination.
14. OFF SITE LINKS
14.1 The Website may provide, or third parties may provide, links to other Websites or resources.
14.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
14.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. EMAIL POLICY
15.1 We will not respond unless required to do so by law to any electronic mail (Email) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
15.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 12 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
17.1 You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your dealings with the Advertisers, your violation of this TCS, or your violation of any rights of another.
18. DISCLAIMER OF WARRANTIES
18.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) Your access of the Website and use of the Services are at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) The Provider makes no warranty that:
(i) the Website and the Services will meet your requirements;
(ii) the Website will be uninterrupted, timely, secure or error-free;
(iii) the results that may be obtained from the use of the Services will be accurate or reliable;
(iv) the quality of any products, services, information or other material purchased or obtained by you through the Website, including Advertisers’ products, services, information or other material, will meet your expectations; and
(v) any errors in the Software will be corrected.
(c) Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk and that you will solely be responsible for any damage to your computer system or loss of data that results from the download of any such material;
(d) No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in this TCS.
19. LIMITATION OF LIABILITY
19.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
(a) the accessing of, or the inability to access, the Website, or the use of, or the inability to use, the Website;
(b) the cost of procurement of substituted goods and services resulting from any goods, data, information of services purchased or obtained or messages received or transactions entered into through or from the Website, including those of the Advertisers;
(c) unauthorised access to or alteration of your transmissions or data;
(d) any other matter relating to the Website or the Services.
20. NO THIRD PARTY BENEFICIARIES
20.1 You agree that, except as otherwise expressly provided in this TCS, there shall be no third party beneficiaries to this Agreement.
21.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to this Website or the Services.
22. GOVERNING LAW
22.1 This TCS and any non-contractual obligations arising out of or in relation to this TCS shall be governed by and construed in accordance with the laws of the state of Victoria.
23.1 You understand, agree and acknowledge that the courts of Victoria are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with this TCS and for such purposes irrevocably submit to the jurisdiction of that state.
24. ENTIRE AGREEMENT
24.1 This TCS constitute the entire agreement between you and the Provider and govern your use of the Website, superseding any prior agreements between you and the Provider.
24.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
25. WAIVER AND SEVERABILITY OF TERMS
25.1 The failure of the Provider to exercise or enforce any right or provision of this TCS shall not constitute a waiver of such right or provision.
25.2 If any provision of this TCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TCS remain in full force and effect.
26. VIOLATIONS AND INFRINGEMENTS