General
This website (the MultiQuote Platform) is owned and operated by MultiQuote Pty Ltd (ACN 632 719 343) (MultiQuote or We). Your access to and use of the information on the MultiQuote Platform, along with our Privacy Policy , the terms and conditions under which You may access and use the MultiQuote Platform, is governed by and subject to these website terms and conditions of use Terms and all applicable law. MultiQuote reserves the right to update its website or change these Terms at any time without notice to You by publishing the new terms or conditions on the MultiQuote Platform. By continuing to use the MultiQuote Platform You confirm that You have read and accept the Terms as they apply from time to time. If You do not accept these Terms, You must immediately refrain from accessing or using the MultiQuote Platform.
Eligibility
You are only eligible to access and use the MultiQuote Platform if You are over the age of 18 and/or otherwise have the legal capacity to enter into these Terms.
Protection
Given the nature of the internet, MultiQuote cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with Your computer systems.It is Your responsibility to ensure that You have sufficient protections in place to protect Your computer and systems and to scan any materials from the MultiQuote Platform for viruses or other defects or corruptions that may cause damage to or interfere with Your computer or systems. MultiQuote does not warrant that its website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of the MultiQuote Platform. MultiQuote will also not be liable and accepts no responsibility for any interruption to Your access to the MultiQuote Platform.
MultiQuote does not warrant and cannot ensure the security of any content or information You transmit via the MultiQuote Platform. You therefore transmit to the MultiQuote Platform at Your own risk. If You become aware of any problems with the security of the MultiQuote Platform, please contact us immediately.
Copyright
The MultiQuote Platform is the exclusive property of MultiQuote and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on the MultiQuote Platform is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes.
You may not modify or copy the layout or appearance of the MultiQuote Platform nor any computer software or code contained in the MultiQuote Platform, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the MultiQuote Platform.
For further information on how You may obtain authorisation to use any materials or content on the MultiQuote Platform, please contact MultiQuote at the Contact Us section of the MultiQuote Platform.
Trademarks
The MultiQuote Platform may contain registered trademarks owned by MultiQuote and may also contain trademarks owned by other parties. You are not authorised to copy, imitate or use these trademarks (in whole or in part) without the express written permission of MultiQuote or the relevant other party.
You agree that all the materials displayed on or available through the MultiQuote Platform, including without limitation any and all names, design, text logos, data, information, graphics, underlying software, displayed on or available from the MultiQuote Platform are protected by copyright, trademark and other intellectual property laws and are available for Your personal use only.
Your Account
To submit a quote and access certain features of the MultiQuote Platform, you must set up an Account. MultiQuote reserves the right to decline a registration to create an Account for any lawful reason, including supply and demand, cost to maintain data or other business considerations.
If You create an Account as an employee or agent on behalf of a company, You represent and warrant that You are authorised to enter into binding contracts, including these Terms on behalf of yourself and the company.
You are solely responsible for maintaining the confidentiality of Your Account and password(s) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password.
We reserve the right to refuse access, terminate accounts, remove or edit content in our sole discretion.
We will not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge. However, You could be held liable for losses incurred by us or another party due to someone else using Your Account and/or password either with or without Your knowledge. You agree to notify us immediately of any unauthorised use of Your Account and/or password(s), or other breach of security.
Scope of MultiQuote Platform
MultiQuote provides Buyers with a platform to publish a Request For Quote (RFQ) in relation to a good, product or service of the Buyers choice.
On submission of a RFQ, the Buyer must stipulate the Agreed Period within which Sellers are required to respond to the RFQ.
During the Agreed Period, Seller's may respond to the RFQ by submitting a quote on terms that are acceptable to the Seller (the Submitted Quote(s)).
At the expiration of the Agreed Period, MultiQuote's algorithm will arrange allSubmitted Quotes into descending order. The lowest three quotes are then sent to the Buyer for consideration (the Selected Quote(s)).
Upon submission of the Selected Quotes to the Buyer, MultiQuote has rendered MultiQuote Services and the Seller must pay the Fee to the Payment Account.
Upon payment of the Fee to the Payment Account, MultiQuote will providethe Seller with the Buyer's Details.
The Buyer and Seller may discuss the Selected Quote on the MultiQuote Platform or the Seller may contact the Buyer using the Buyer's Details. The Buyer and the Seller are encouraged to use the MultiQuote Platform to discuss the Selected Quote or to otherwise communicate.
Relationship with MultiQuote
MultiQuote acts as an intermediary by making the MultiQuote Platform available to Users to enable Buyers and Sellers to find and transact directly with each other.
Through the MultiQuote Platform, Buyers may be notified of Sellers wishing to provide them with a quote for goods, products, or services; at all times, however, Users are responsible for evaluating and determining the suitability of Submitted Quotes and/or Selected Quotes.
If a User decides to deal or contract with a Buyer or Seller, that relationship is directly between the Buyer and Seller and MultiQuote shall not be taken to be a party to that relationship.
You acknowledge and agree that MultiQuote is not a party to the relationship or any dealings between Buyer and Seller.
MultiQuote makes no representations about and does not guarantee, and you agree not to hold MultiQuote responsible for, the quality, safety, or legality of goods, products or services offered or provided by Sellers; the qualifications, background or identities or Users; the ability of Sellers to deliver goods, products, or services; the ability of Buyers to pay for the Sellers goods, products, or services; or the ability or willingness of Users to complete a dealing, service, or transaction.
Seller's Obligations
The Seller will at all times:
Comply with these Terms and all applicable laws and regulations;
Only post accurate information on the MultiQuote Platform;
Ensure that the Seller is aware of any laws that apply to the Seller in relation to the Seller's use of the MultiQuote Platform.
The Seller must maintain control of it's Account at all times. This includes not allowing others to use the Seller'sAccount, or by transferring or selling the Seller'sAccount or any of its contents to another person.
The Seller must submit a quote in good faith and with a genuine intention to deal or contract with the Buyer.
Without limiting any provision of these Terms, any information that the Seller supplies to MultiQuote or submitsin a quote must be up to date and must not:
be false, inaccurate or misleading or deceptive;
be fraudulent or involve the sale or counterfeit of stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
be defamatory, libellous, threatening or harassing;
be obscene or contain material that, in MultiQuote's sole and absolute discretion, is in any way inappropriate or unlawful, including but not limited to obscene, inappropriate or unlawful images; or
contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any MultiQuote Platform, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
If MultiQuote determines at its sole discretion that a Seller has breached any obligation under this clause 9, it reserves the right to remove any content,Submitted Quotesor Selected Quotes or cancel or suspend the Seller's Account.
Fees
All Fees and charges payable to MultiQuote by a Seller are non-cancellable and non-refundable.
You acknowledge and agree that these Terms provide a dispute resolution process as a way for Users to resolve disputes. To the extent permitted by applicable law, You agree not to ask for the return of Fees charged by MultiQuote or any other fees charged pursuant to these Terms.
You agree not to initiate a refund request with your credit card company, bank or other Payment Method provider. A refund request in breach of this clause 10.3is a material breach of these Terms and You further agree that MultiQuote may dispute or appeal the refund request and institute action against You and/or take such other action it deems appropriate.
If MultiQuote introduces a new service on the MultiQuote Platform, the Fees applying to the service will be payable as from the launch of the service.
MultiQuote may restrict a Seller's Account until all Fees have been paid.
Payment Provider
MultiQuote uses a Payment Provider to operate the Payment Account.
In so far that it is relevant to the provision of the Payment Account, the terms at INSERT are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
If MultiQuote changes its Payment Provider the Seller may be asked to agree to any further additional terms with those providers. If the Seller does not agree to them, the Seller will be given an alternative means of payment.
Payment Methods
In order to use the MultiQuote Platform and/or submit a quote, the Seller must provide account information for at least one valid Payment Method.
You hereby authorise MultiQuote to run credit card authorisations on all credit cards provided by You, to store credit card and banking or other financial details as Your method of payment consistent with our Privacy Policy, and to charge Your credit card (or any other Payment Method) for the Fee and any other amounts owed under these Terms.
To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
By providing Payment Method information through the MultiQuote Platform and authorising payments with the Payment Method, You represent, warrant, and covenant that:
You legally authorized to provide such information;
You are legally authorised to make payments using the Payment Method(s);
if You are an employee or agent of a company or person that owns thePayment Method, You are authorised by the company or person to use the Payment Method to make payments in the MultiQuote Platform; and
such actions do not violate the terms and conditions applicable to Your use of such Payment Method(s) or applicable law.
When You authorise a payment using a Payment Method via the MultiQuote Platform, You represent and warrant that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms cannot be collected from Your Payment Method(s), You are solely responsible for paying such amounts by other means.
MultiQuote is not liable to any User if MultiQuote does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honour any credit or debit to or from an account associated with such Payment Method. MultiQuote will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with these Terms.
Verification
MultiQuote may use Identity Verification Services.
The Seller agrees that MultiQuote Identity Verification Services may not be fully accurate as the MultiQuote Platform is dependant on User-supplied information and/or information or verification services provided by Third Party Services.
The Seller is solely responsible for identity verification and MultiQuote accepts no responsibility for any use that is made of a MultiQuote Identity Verification Service.
MultiQuote Identity Verification Services may be modified at any time.
Non-Circumvention
You acknowledge and agree that:
a substantial portion of the compensation MultiQuote receives for making the MultiQuote Platform available to You is collected throughthe Fee and that in exchange You receive the benefit of the relationships that You make with other Users or Buyers when you identify or are identified by another person through the MultiQuote Platform (the “MultiQuote Relationship”).
MultiQuote only receives the Fee when a Seller's quote is selected and issued to the Buyer as a Selected Quote.
You agree not to circumvent payment of the Fee. By way of illustration and not in limitation of the foregoing, you must not:
submit quotes or proposals to, or otherwise solicit Users identified through the MultiQuote Platform, outside of the MultiQuote Platform;
ask for, provide, or attempt to identify through public means the contact information of another User;
include any Means of Direct Contact or means by which your contact information could be discovered in any profile, proposal, or Submitted Quote(s) or Selected Quote(s) (including in each case in any attached file), except as otherwise provided on the MultiQuote Platform; and
cancel Submitted Quote(s) or Selected Quote(s) for the purpose of contracting separately with a User who You identify through the MultiQuote Platform.
You agree to notify MultiQuote immediately if another person improperly contacts You or suggests obtaining a quote outside of the MultiQuote Platform. If You become aware of a breach or a potential breach of this non-circumvention clause, please submit a confidential report to us by sending an email to support@multiquote.com.au.
You acknowledge and agree that a contravention of any provision of this clause 14is a material breach of these Terms and that Your Account may be permanently suspended if you contravene this clause 14.
Linked Websites
The MultiQuote Platform may contain advertisements, links to other websites, content or resources which are owned or operated by Third Party Services. Those Third Party Services do not form part of the MultiQuote Platform and are not under the control or responsibility of MultiQuote. Those links are provided for Your convenience.
The presence of a link is not to be interpreted as an endorsement or approval of the site or the information contained on it. MultiQuote makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on the MultiQuote website including the competence, character or identity of any Third Party Services that are listed or identified on the MultiQuote Platform. You access linked websites at Your own risk.
Further, MultiQuote has no control over these sites and will not accept any responsibility or liability for any injury, loss or damage suffered by You arising from or caused by any linked site. If You choose to leave the MultiQuote Platform via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites. You should carefully review the terms of use and privacy policies of all other party's websites that You visit.
You acknowledge that we may receive payments and/or commissions from operators of linked sites as a result of click-throughs from our site.
You must obtain our written permission to make any hyperlinks with the MultiQuote Platform.
Disclaimer, Limitation of Liability and Indemnity
While MultiQuote endeavours to ensure that all information on the MultiQuote Platform is current and accurate, the information on the MultiQuote Platform may become outdated over time. MultiQuote undertakes no obligation to correct or update any content or information on the MultiQuote Platform. MultiQuote makes no representations or warranties that the MultiQuote Platform and/or its contents are accurate, complete, reliable, current or error-free. MultiQuote is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on the MultiQuote Platform.
To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:
exclude all conditions and warranties implied into these Terms;
exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss or revenue, loss of data and loss of profits);
limit our liability in respect of any claim to, at our option:
in the case of goods:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of having the goods repaired; and
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again; and
limit our liability in respect of any other claim under or in connection with these Terms, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by You under these Terms and reduce that liability to the extent that You cause or contribute to the loss the subject of the claim.
You must take all reasonable steps to minimise any loss You suffer or are likely to suffer and that is the subject of a claim against us under these Terms. If You do not take reasonable steps to minimise that loss, then our liability to You for the relevant claim will be reduced accordingly.
We will not be liable under these Terms to the extent that liability is caused by:
any breach of Your obligations under these Terms or a negligent act or omission by You; or
any delay in performance or breach of these Terms which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosing our website.
You agree to indemnify MultiQuote and other persons involved in the creation of the MultiQuote Platform from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to Your use of the MultiQuote Platform, any content or information that You provide via the MultiQuote Platform or any damage that You may cause to the MultiQuote Platform. This indemnity includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.
Use of information gathered
MultiQuote and/or people authorised by it may gather and process the information:
which You may provide when accessing the MultiQuote Platform, such as Your name, address, e-mail address and other personal information about You; and
regarding the way in which You use the MultiQuote Platform including, without limitation, information acquired through the use of cookies programmed during the accessing of the MultiQuote Platform.
MultiQuote may authorise others to offer You goods and services using the information acquired through 17.1.(a) and 17.1(b) above.
Cookies
Our website contains cookies. A cookie is a small text file that is sent back to Your computer's hard drive from a host website. They record Your preferences in relation to Your use of a site and provide us with other information about Your inquiry that allows us to recognise You in the future. Cookies may be used on the MultiQuote Platform to gather data in relation to the MultiQuote Platform and You consent to this (although You may be able to disable cookies on Your web browser). The cookies on our sites do not read the information on Your hard drive. They do not make Your computer perform any actions or make Your computer send information to any other computer via the internet.
Privacy
We have adopted a privacy statement and You should refer to it to fully understand how we collect and use Your information. Your use of the MultiQuote Platform indicates that You have read, understood and agree to our privacy statement. The privacy statement explains how Your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988.
Dispute Resolution
MultiQuote encourages You to try and resolve disputes with other Users directly. Accordingly, You acknowledge and agree that MultiQuote may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
MultiQuote may elect to assist Users resolve disputes. Any User may refer a dispute to MultiQuote. You must co-operate with any investigation undertaken by MultiQuote. MultiQuote reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or MultiQuote's determination in an applicable court or tribunal.
MultiQuote has the right to hold any Fee that is the subject of a dispute in the Payment Account until the dispute has been resolved.
MultiQuote may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
If MultiQuote provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to MultiQuote for any costs, losses or liabilities incurred by MultiQuote in relation to any claims relating to any other use of information not permitted by this Agreement.
Termination
MultiQuote may terminate Your access to and use of the MultiQuote Platformand Your Account at any time without giving any explanation or justification.
MultiQuote has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to and use of the MultiQuote Platform or Your Account. Upon termination, these Terms will still apply.
If Your Account is terminated for any reason, then You may not without MultiQuote's consent (in its absolute discretion) create any further accounts with MultiQuote and we may terminate any other accounts You operate.
General
Although the MultiQuote Platform may be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing or using the MultiQuote Platform, You agree that these Terms shall be governed by and construed in accordance with the laws of South Australia, Australia.
Regardless of where You access the MultiQuote Platform, You agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in South Australia, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between You and us.
The provisions of these Terms are severable, and if any provision of these Terms are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
These Terms may be assigned or novated by MultiQuote to a Third Party Service without Your consent. In the event of an assignment or novation the User will remain bound by these Terms.
These Terms set out the entire understanding and agreement between the User and MultiQuote with respect to its subject matter.
Last Updated:March 2021
© 2021 MultiQuote
APPENDIX A
Definitions and Terminology
The following definitions and terms will also apply to or may vary these Terms to the extent specified:
“Account” means the account referred to in clause 6.
“ACL” means the Australian Consumer Law.
“Agreed Period” means a period of [insert] days which period may from time to time be modified or varied.
“Buyer” means a person who has signed up to use the MultiQuote Platform for the purpose of submitting a RFQ and receiving Quotes from Sellers.
“Buyers Details” means the contact details provided by the Buyer when creating their account and/or submitting a RFQ, including the Buyer's mobile phone number and email address.
“Fee” means the fee payable by the Seller to MultiQuote as consideration for use of the MultiQuote Platform with such Fee being displayed to a Seller prior to responding to an RFQ.
“Identity Verification Services” means the tools available to help identify Buyers and Sellers including mobile phone verification, verification of payment information and verification of identity.
“Means of Direct Contact” means any information that would allow another person to contact you directly, including, and without limitation: a phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to a means to submit a quote outside of the MultiQuote Platform, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook. For the avoidance of doubt, information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying you on social media, such as through Facebook or LinkedIn.
“MultiQuote Platform” means the MultiQuote website at https://www.multiquote.com.au and any other affiliated platform that may introduced from time to time.
“MultiQuote” means MultiQuote Pty Ltd (ACN 632 719 343).
“MultiQuote Services” means the intermediary service provided by MultiQuote whereby MultiQuote provides the MultiQuote Platform to enable Buyers and Sellers to connect for the purpose of tendering quotes for products, goods and services.
“Payment Account” means the account operated by the Payment Provider.
“Payment Method” means a valid credit card issued by a bank acceptable to MultiQuote, a bank account linked to the Your Account, a PayPal account, a debit card or such other method of payment as MultiQuote may accept from time to time it its sole discretion.
“Payment Provider” means an entity appointed by MultiQuote that manages and operates the Payment Account, including accepting payments.
“Personal Information” has the same meaning given to it by the Privacy Act 1988 (Cth).
“Seller” means a person who has signed up to use the MultiQuote Platform on the Terms contained herein and for the purpose of submitting quotes in response to Buyer RFQ's.
“Selected Quote” meansone the three quotes selected from the pool of Submitted Quotes, such quotes having been arranged in descending order by the MultiQuote algorithm.
“Selected Quotes” means the three quotes selected from the pool of Submitted Quotes, such quotes having been arranged in descending order by the MultiQuote algorithm.
“Submitted Quotes” are the quotes submitted by Sellers in response to a RFQ.
“Terms” means these Terms and Conditions of Use.
“the MultiQuote Relationship” means therelationship of buyer and seller that iscreated between Users of the MultiQuote Platform.
"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means services offered by third parties as may be referred by MultiQuote or featured on the MultiQuote Platform from time to time.
“User” or “You” means the person who has signed up to use the MultiQuote Platform, whether as Buyer, Seller or otherwise.
“RFQ” means a Request For a Quote made by a Buyer in respect of their potential purchase of a product, good or service.