By Signing Up for the Service, you agree to be bound by the Terms of Service set out here. Please read them carefully. 

 

Kwotimation reserves the right to change these terms at any time, effective immediately upon posting of the modified terms. It is Your obligation to ensure that You read and agree to the most recent terms available on at www.kwotimation.com. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms. We will communicate any amendments made to these Terms via the email address You provide. 

 

If you do not agree to be bound by the Terms, you must not provide your details, sign up or use any part of the Service.

 

  • Definitions

    • “Agreement" means these Terms of Use.

    • "Subscription Fee” means the monthly fee payable by You in accordance with the Fee Schedule - unless during promotional campaigns or stated otherwise by Us.

    • “Data" means any data inputted by You or with Your authority into the Kwotimation.com website or the Service.

    • "Fee Schedule” means the information relating to subscriptions and billing set out on the Kwotimation pricing page at Kwotimation.com.

    • "Intellectual Property” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how, processes, images, formula and any other intellectual or industrial property rights (including software coding and processes) owned by Kwotimation.

    • “Service" means the Online Pricing System and all its features, including future product updates and releases.

    • “Subscriber" means the person who registers to use the Service.

    • “You/Your" means the Subscriber.

    • “We/US” means Kwotimation. 

  1. Service Access

    1. Kwotimation grants You the right to access and use the Service with the particular user roles available to You according to Your subscription type. You will gain access to the Service via the email and login details you provide when creating Your account at Kwotimation.com.

  2. Your Obligations

    1. An invoice for the Subscription Fee will be issued in accordance with the details set out in the Fee Schedule. You can set up an automatic payment that will debit your credit card with the ongoing payment. Kwotimation will continue invoicing You in accordance with the Fee Schedule until this Agreement is terminated. If a deduction of the charges payable is unsuccessful, we have the right to suspend service until full payment has been made. We reserve the unilateral right to cancel any subscription resulting from payment failure. All Kwotimation invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. 

    2. You must only use the Service for Your own lawful internal business and with the purpose to provide your clients with a pricing service, and in accordance with these Terms and any notice sent by Kwotimation.

    3. You can only accept jobs gained via the Service within a 160 kilometre/100 mile radius of your place of business. This is to ensure subscribers are not operating outside of their area and infringing on the business of other subscribers. 

  3. Access conditions

    1. You must ensure that the username and password required to access the Service are kept secure and confidential. You must immediately notify Kwotimation of any unauthorised use of Your password or any other breach of security and Kwotimation will reset Your password. You must take all other necessary actions to maintain or enhance the security of Kwotimation’s computing systems and Your access to the Service.

  4. As a condition of these Terms, when accessing and using the Service, You must:

    1. not attempt to undermine the security or integrity of Kwotimation’s computing systems or networks;

    2. not use, or misuse, the Service in any way which may impair the functionality of the Services, or other systems used to deliver the Service or impair the ability of any other users to use the Service;

    3. not attempt to gain unauthorised access to any website coding and software processes, or to the computer system on which the Service is hosted;

    4. not transmit, or input into the Service, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);

    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programming used to deliver and operate the Service.

    6. strictly use the Service for its intended and normal operation; and

    7. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; 

  5. Your use of the Service enables Kwotimation and authorised third parties to gather the data You input into the software, as well as the data of enquirers obtained through the Service. 

  6. Use of the Service may be subject to limitations, including but not limited to monthly usage, enquiry or sales volumes. These will be communicated to you via email where appropriate.

  7. You agree to Kwotimation and its partners and third parties to advertise your Service and Online Pricing System to the general public. This information will be publicly available with the goal to increase traffic to your Service. 

  8. Indemnity

    1. You must indemnify Kwotimation against: all claims, costs, damage and loss arising from Your breach of any of these Terms, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You. 

  9. Account Termination/Subscription Cancellation

    1. Kwotimation has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.

    2. Use of the Service may be cancelled by you at any time. Any monthly charges will not be refunded when you cancel so please cancel prior to your payment transaction date. 

    3. To cancel the service, you can find the cancellation option in the Settings page. Subscription transactions will not be processed if you request cancellation before the transaction date.  

  10. Warranties

    1. Kwotimation gives no warranty about the Service. Without limiting the foregoing, we do not warrant that the Service will, although we will try to, meet your standards/requirements, or that it will be available on an uninterrupted, error-free basis. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

    2. Kwotimation does not guarantee that the Service will be free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.  

  11. Modification to the Service and Prices

    1. Kwotimation reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  

    2. Subscription charge changes will be subject to change upon 30 days’ notice from us. You can cancel at any time.

    3. Kwotimation shall not be liable to You for any modification, price change, suspension or discontinuance of the Service. 

  12. Service Availability

    1. Whilst Kwotimation intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service may be unavailable to permit maintenance or other development activity to take place, or for reasons outside our control. If for any reason we have to interrupt the Service for a period of time longer than 24 hours, we will use reasonable endeavours to publish in advance details of such activity, typically by email. 

  13. Intellectual Property

    1. General:

      1. Title to, and all Intellectual Property Rights in the Services, Kwotimation.com and any documentation relating to the Services remain the property of Kwotimation.

      2. You agree not to attempt to damage, interfere or replicate any information on the Service provided by Kwotimation. 

      3. You must not use a robot, spider, scraper or other automated or machine learning methods to access the code and processes or to copy the Service.

    2. Ownership of Data:

      1. Title to, and all Intellectual Property Rights in the Data remains Your property. However, You grant Kwotimation a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

    3. Backup of Data:

      1. You must maintain copies of all Data inputted into the Service. Kwotimation adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. Kwotimation expressly excludes liability for any loss of Data no matter how caused.

    4. Third-party applications and your Data.

      1. If You enable third-party applications for use in conjunction with the Services, You acknowledge that Kwotimation may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Kwotimation shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers. 

  14. Limitation of Liability

    1. To the maximum extent permitted by law, Kwotimation excludes all liability and responsibility to You in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.

    2. Kwotimation will not be responsible for failure to fulfil any obligation if due to an act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo.

    3. In no event will Kwotimation be held liable due to your use of or inability to use the Service.

    4. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 6.3. 

  15. Breach:

    1. If You breach any of these Terms and do not remedy the breach within 7 days after receiving notice of the breach, if the breach is capable of being remedied;

    2. If You breach any of these Terms and the breach is not capable of being remedied or any payment of Subscription Fees that are not paid in full in accordance with the requirements set out in the Fee Schedule); or

    3. Your business becomes insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, Kwotimation may take any or all of the following actions, at its sole discretion:

      1. Terminate this Agreement and Your use of the Service;

      2. Suspend for any definite or indefinite period of time, Your use of the Service;

      3. Take legal action to recover any loss to Kwotimation, including but not limited to finances and data, at Your expense.   

  16. General

    1. Kwotimation and its affiliate website - Tiling.co.nz - both use Google Maps software as part of their services. Those who use these services agree to be bound by their Terms of Service and Privacy Policy

    2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

    3. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

    4. Notices: Any notice given under these Terms to You by Kwotimation will be sent to the email address that You provide when setting up Your access to the Service, and will be deemed to have been given upon transmission.  Any notice given under these Terms to Kwotimation by You must be submitted in writing via the info@kwotimation.com email, and will be deemed to have been given upon successful submission.

    5. Governing law and jurisdiction: Governing Law dispute clauses below:

 

  • NEW ZEALAND

    • If the information or Data You are accessing using the Service is solely that of a person who is a tax resident in New Zealand at the time that You accept these terms then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

  • AUSTRALIA

    • If the information or Data You are accessing using the Service is solely that of a person who is a tax resident in Australia at the time that You accept these terms then Australian law governs this Agreement and You submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement. 

  • USA

    • If You are a tax resident of the United States of America or the information or Data You are accessing using the Service is solely that of a person who is a tax resident in the United States of America at the time that You accept these terms then the laws of the State of California, U.S.A govern this Agreement and Kwotimation and You agree that the U.S. Dispute Resolution Process applies for all disputes arising out of or in connection with this Agreement or in any way relating to the Service.

  • UK

    • In all other situations this Agreement is governed by the laws of England and the United Kingdom and You hereby submit to the exclusive jurisdiction of the courts of England and the United Kingdom for all disputes arising out of or in connection with this Agreement.



 

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