Terms and Conditions
Last Updated: October 14, 2015
The Service operates on a commission based fee. Users must first sign up to create an account either as a trader or a merchant. As a merchant the Service is free. Users will be asked to sign up to the Service on the ‘Create a new account’ page via the ‘Your Account’ page and will be asked to enter their name, contact telephone number, email and password.
Payment of the commission will be included in the total amount due and paid at the time of acceptance of the quote by bank transfer. QMG holds no payment details in relation to a member and asks for and saves only the name and telephone number of each member,
Individual Member Use (“Trader”)
Builders or individuals who wish to use the Site to obtain quotes and have registered as a Trader with an account, do so by posting a quote proposal online in accordance with these terms and conditions and as set out on the Website (the “Quote Proposal”).
Posting a Quote Proposal
Completion of a Quote Proposal is a simple process. A User clicks on the ‘Create a New Quote’ tab on the dashboard and inputs the project details, chooses the merchants and then creates an order by choosing from our large range of materials in the product page. Once completed the Quote Proposal is then emailed to those Merchants as chosen by the Trader. As a Trader, Quote Proposals are posted online via the Site. You must describe your quote in as much detail as possible and be as accurate as possible. It is your sole responsibility to ensure the content of your Quote Proposal is correct. There are two types of Quote Proposal that a Trader can create, a materials quote and a rebar quote. A materials Quote Proposal comprises of a self-prepared quote choosing materials from the product page. A rebar Quote Proposal may include relevant text descriptions, plans and drawings but not photographs. All content included within a Quote Proposal must be fully cleared for such use and QMG must have the ability to host such proposal on their servers without infringing any copyright or bringing themselves into any dispute.
Upon receipt of the Quote Proposal the Merchants will receive a pre-populated email that will enable them to reply by completing the cost of the various materials required for such quote (“the Quote”). Upon receipt of all email responses to a Quote Proposal from Merchants, the Site will compile a list of the best quotes, including total prices and delivery and place the information into the Trader dashboard.
When a Quote has been accepted by a Trader a pop up screen will appear informing the Trader how much saving can be made, the total amount payable to QMG and methods of payment. Payment can be made by credit / debit cards for a maximum total of £200. Bank transfers are required for amounts higher than £200.
Once payment has been processed the Quote has been accepted and cannot be amended. The Quote can be cancelled and in this event QMG will be refund any monies paid. In the event that the Merchant is unable to fulfil any element of the Quote and does not offer a suitable alternative the Trader will then be refunded the amount paid to QMG.
QMG does not control, monitor and/or check the information provided by Merchants and Traders, which is made available through the Site. It is therefore extremely important that you, as a Trader, enter all information carefully in a Quote Proposal to ensure it is accurate.
By using the Site, you agree to accept such risks and agree that QMG is not liable for any problems or losses that arise from errors and omissions of users on the Site nor liable for any problems or losses that arise from errors or inaccuracies in the content. In the event of a dispute QMG is under no obligation to become involved. QMG does not provide advice in relation to a product nor a recommendation or endorsement of a product or a merchant .
Liability of Quotes
In the event that you have any valid and enforceable right, claim or action against any other user (including but not limited to a merchant) arising from that user’s use of the Site, you agree to pursue such right, claim or action independently of and without recourse to QMG, and you release QuoteMyGoods Limited (and our directors and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action. We provide a merchant comparison service and if you propose to buy a product through the Site you will enter into a separate agreement with a merchant. You should check their terms and conditions to ensure you are comfortable with them.
Once a Trader has raised a Quote Proposal, in the form approved and set out on the Site, the Trader shall choose those merchants they wish to send the Quote Proposal to, based on the criteria chosen by the Trader which may include:
-proximity to address to which the Quote Proposal relates to, price, availability, references, experience, expertise etc…
On receipt of a Quote Proposal via email a Merchant must check all the information and detail is correct. The Merchant shall be required to respond to such email by completing the cost of the relevant materials required. The Quote Proposal will be prepopulated and will only require costs of such materials to be completed prior to responding to the Trader (the “Quote”).
By responding to a Quote Proposal received from a Trader you are providing a Quote and information that the Trader may rely on. QMG does not check or monitor such information and it is therefore imperative that you, as the Merchant, provide accurate information. You are solely responsible for all information that you provide. The Site will notify the Trader that all information provided may be subject to change including but not limited to costs, delivery information and availability.
In the event that you have any valid and enforceable right, claim or action against any other user arising from that user’s use of the Site, including but not limited to a Trader, you agree to pursue such right, claim or action independently of and without recourse to QMG and you release QuoteMyGoods Limited (and our directors and empoyees) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
Licence to use your Quote
To enable us to use your Quote, you grant us a non exclusive, world wide, perpetual, irrevocable, royalty free licence to exercise the copyright, trade mark, publicity and database rights you have in such response, in any media now known or not currently known. You also waive all moral rights you have in such response and quote to the fullest extent permitted by law.
Restrictions on use of the Site
Activities by all users on the Site must not be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Any information provided must not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti discrimination, false advertising) be obscene, indecent or contain pornography. Any information provided must not create liability for QMG or cause QMG loss. Any information provided must not link directly or indirectly to any other website. Any information you provide may not contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. Any information provided may not cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
Validity of Quotes
QMG does not control the price, length of offers or any special conditions contained within a Quote. These are set by the merchants. The Quote is only valid at the time it is made unless and to the extent otherwise indicated by the merchant. QMG does not guarantee that the merchants can and will deliver the products as stated on the Quote. Delivery information is a term of the contract entered into directly between the Trader and the Merchant and QMG has no liability in relation to this. In the event the Merchant is unable to fulfil the all or any of the products contained on a Quote and a suitable, acceptable alternative cannot be offered the Trader shall be offered a refund of the QMG commission paid at the time of acceptance of the Quote.
Access and interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without QMG’s express written permission. Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without our prior written permission and the appropriate third party, as applicable and that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You agree not to bypass the measures we may use now or in the future to prevent or restrict access to the Site. We do not authorise you to extract, copy or re-utilise any parts of the Site.
Right to remove content
QMG does not monitor or check the content which appears on the Site, it does however retain the right to refuse, remove or delete any content that it deems, acting in its sole discretion, inappropriate for any reason including but not limited to the following:
- Contrary to the purpose of the Site;
- False and/or offensive.
QMG owns all the intellectual property rights relating to the Site, including but not limited to the design, graphics, texts and layouts, all software compilations, underlying source code, software and all other materials on the Site and as a user you agree not to copy any part thereof without our express written permission.
Without limiting our other remedies, in the event a user breaches these terms and conditions, and/or QMG, acting reasonably believes your actions may cause QMG financial loss or legal liability QMG may:
- Limit a user’s activity on the Site;
- Immediately issue a warning;
- Suspend or terminate such use of the Site.
QMG (and our directors and employees) do not guarantee continuous, uninterrupted or secure access to our services and operation of the Site may be interfered with by numerous factors outside of our control. Our Website and our Service is provided ‘as is’ and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
Limitation of Liability
Nothing in these terms and conditions shall limit or exclude QMG’s liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our directors, agents and employees) will not be liable for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions. We (including our directors and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
As a user you agree to indemnify and hold us and (as applicable) our directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your breach of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to QuoteMyGoods must be sent by registered mail to QuoteMyGoods Limited, 30 Brandesbury Square, Woodford Bridge, Essex IG8 8GU, and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
Governing Law and Legal Compliance
These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. The material and information contained within the Site is intended only to be accessed by user’s within the United Kingdom.
Third Party Rights
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.