1. Introduction

These Terms and Conditions ("Terms and Conditions - www.thequoteyard.com.au") govern your use of The Quote Yard Pty Ltd ("we," "our," "us") website, mobile applications, and the services provided by The Quote Yard Pty Ltd ("Services"). By registering and using the website, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not register or use the website in any way.

Please carefully read these Terms and Conditions ("Terms and Conditions - www.thequoteyard.com.au") before creating an account and using www.thequoteyard.com.au (the "website") and the services provided by The Quote Yard Pty Ltd. By registering and using the website, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not register or use the website in any way.

2. Definitions

• "The Quote Yard Pty Ltd": Refers to the company providing the services, operating the website and app, and managing user accounts. The Quote Yard Pty Ltd is responsible for the functioning of www.thequoteyard.com.au.
• "Website": Refers to www.thequoteyard.com.au, including any subdomains, mobile applications, or other digital properties operated by The Quote Yard Pty Ltd.
• "User" or "Member": Refers to any individual or entity who registers for an account, uses the website or app, and/or utilizes the services provided by The Quote Yard Pty Ltd. This includes homeowners, consumers, and tradespersons.
• "Services": Refers to all functions, features, products, and tools provided by The Quote Yard Pty Ltd through the website or app, including but not limited to, connecting homeowners with tradespersons, accessing information, posting project requests, the AI chat assistant (or virtual assistant) for general user support and queries, and other related services.
• "Tradesperson" or "Service Provider": Refers to any individual or entity providing trade services (such as electricians, plumbers, builders, etc.) who registers and uses the website or app to connect with consumers in need of their services.
• "Consumer" or "Customer" or "Client": Refers to any user or member who uses the website or app to seek trade services, post project requests, or engage with tradespersons or service providers.
• "Account": Refers to the personalized section created by a user or tradesperson to access certain features of the website or app. An account is required to post requests, access project opportunities, or engage in communication through the platform.
• "Content": Refers to any information, text, images, graphics, data, reviews, or other materials uploaded, posted, or shared by users or tradespersons on the website or app.
• "Third-Party Providers": Refers to any external service provider or business not directly employed by The Quote Yard Pty Ltd but whose services may be advertised or accessible through the website or app.

3. Website Registration Statement

• Account Creation: To use certain features of the site, you must create an account. To register, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
• Privacy Policy: We value your privacy. Our Privacy Policy explains how we collect, use, and protect your personal information. By registering, you consent to our Privacy Policy, which is available here.
• Communication: By registering, you agree to receive communications from us related to your account, updates, and promotional materials. You can opt out of marketing communications by following the instructions in those emails.

4. Changes to Terms and Conditions

The terms and conditions of these Terms and Conditions are subject to periodic change without notice to you and will be effective as soon as they are posted on the website. Those amendments will apply to your next use of the website. Each user of the site ("Member" or "you") is responsible for regularly reviewing these Terms and Conditions using the link titled "Terms and Conditions," which is available on every page of the website. Continued use of the website after changes to these terms and conditions acknowledges your acceptance of the updated terms. If you object to any terms or changes, or if you become dissatisfied with the services, you must stop using the services of The Quote Yard and the website immediately as this is your only remedy.

5. Responsibilities and Conduct of Users

5.1 User Obligations

• Account Information: You agree to provide accurate, current, and complete information when creating your account and to update your account information as necessary to ensure its accuracy. This includes your contact details, billing information, and any other relevant data.
• Failure to Update: If you fail to maintain accurate information, including outdated contact or payment details, this may result in suspension or termination of your account and access to services. You will remain responsible for any charges or fees incurred due to inaccurate information.
• Retention of Data: You are responsible for retaining records of all transactions, communications, and agreements made through the website or app. The Quote Yard Pty Ltd does not guarantee long-term storage or archiving of such records. It is recommended that you retain copies of all important data for at least 12 months after the completion of a transaction or project, or longer if required by applicable laws or regulations.

5.2 Lawful Use and Compliance with Legal Obligations

All services provided by The Quote Yard must be used strictly for lawful purposes only. As a condition of your use of the website and any service provided by The Quote Yard, you agree and warrant that you will not use the website or any services provided for any unlawful or illegal activity or any purpose prohibited by the Terms and Conditions. You will abide by all applicable laws and regulations. The Quote Yard is not obligated to monitor any user's use of the website. The Quote Yard reserves the right to disclose any information necessary to comply with law enforcement or government requests, legal processes, regulations, and applicable laws.

5.3 Prohibited Activities

• Account Security: You are responsible for safeguarding your account information, including your password. Notify us immediately of any unauthorized use of your account or any other breach of security.
• Malicious Content: Do not use any material or website that contains viruses, programming techniques, software, files, or programs designed to interfere with the functioning of the website or any other software or hardware.
• Unlawful Content: Do not distribute, publish, or disseminate any material or information that is unlawful, defamatory, obscene, or offensive (at the sole discretion of The Quote Yard).
• Harassment and Spam: Do not abuse or offend other users, engage in email spamming, or post any pornographic, hateful, violent, discriminatory, defamatory, or unlawful content.
• Confidential Information: Do not post confidential or financial information, including bank account or credit card details.
• Unsolicited Content: Do not provide financial advice, publish financial information, or promote pyramid schemes, contests, competitions, or surveys.

6. User-Generated Content

• License to Use: By posting, submitting, or sharing any content, including but not limited to reviews, comments, photos, or other materials ("User-Generated Content") on the website or app, you grant The Quote Yard Pty Ltd a perpetual, non-exclusive, royalty-free, worldwide, irrevocable license to use, reproduce, modify, adapt, publish, distribute, translate, display, and create derivative works from your content in any media, without additional consent or compensation. This license also allows us to use your content for promotional, marketing, or other purposes related to our services.
• Right to Modify or Remove: The Quote Yard Pty Ltd reserves the right to review, modify, or remove any User-Generated Content that violates our terms and conditions, is deemed inappropriate, or is unlawful, without prior notice. We may also remove content at our discretion for any reason, including to maintain the platform's integrity and safety.
• Ownership and Responsibility: You retain ownership of the content you post but are solely responsible for its accuracy, legality, and appropriateness. By posting content, you confirm that you own or have the necessary rights to use and grant the license described in this section and that your content does not infringe any third-party rights, including copyright, trademark, privacy, or other legal rights.
• Prohibited Content: You agree not to post content that is defamatory, obscene, offensive, harmful, or that violates any laws or regulations. The Quote Yard Pty Ltd reserves the right to terminate or suspend your account if you breach this provision.
• No Endorsement: User-Generated Content reflects the views of individual users and not those of The Quote Yard Pty Ltd. We do not endorse or guarantee the accuracy, completeness, or reliability of any User-Generated Content on the platform.

7. Limitation of Liability, Disclaimer, Waiver, and Release

7.1 Limitation of Liability

To the fullest extent permitted by law, The Quote Yard Pty Ltd, its affiliates, officers, directors, employees, and agents shall not be liable to you for any loss or damage of any kind whatsoever, whether direct, indirect, incidental, special, consequential, or punitive, arising out of or related to the use of this website, app, and any services provided. This limitation applies to all losses, including but not limited to financial costs, loss of profits, data, revenue, business opportunities, goodwill, anticipated savings, property damage, personal injury, or any other economic or material loss, regardless of whether you have been advised of the possibility of such damages or losses. This limitation of liability applies even in the event of negligence, breach of contract, tort, or any other legal theory.

7.2 Cap on Liability

In no event shall our total liability exceed $200, which is equivalent to the total amount you have paid to us for the services or goods related to the claim, whichever is less.

7.3 Disclaimer

The information provided on this website is intended for general informational purposes only. The Quote Yard Pty Ltd makes no representations or warranties, express or implied, regarding the legality, completeness, accuracy, reliability, solvency, or suitability of the information on the website or app for any particular purpose. Any reliance on such information is at your own risk.

7.4 No Review or Verification by The Quote Yard Pty Ltd

The Quote Yard Pty Ltd does not independently review, verify, or validate the licensing, certification, solvency, or professional competence of any user, tradesperson, or service provider listed on our platform, nor in any communications issued by us. We disclaim any control or responsibility for the legality, accuracy, or truthfulness of content shared by users, tradespeople, or service providers. Additionally, we do not evaluate the capability of these parties to deliver or complete services or transactions, nor do we assess the financial stability or solvency of any user or consumer. Users are strongly encouraged to conduct their own independent checks to ensure the qualifications and reliability of any individual or entity they engage with.

7.5 Responsibility for Verifying Information

We rely solely on users, tradespeople, and service providers to submit accurate and truthful information. While we strive to maintain a trustworthy platform, we disclaim all responsibility for verifying the accuracy, completeness, or reliability of the information provided, including the solvency or financial stability of customers. It is your sole responsibility to independently verify the licensing, certifications, qualifications, and solvency of any user, tradesperson, service provider, or consumer you choose to engage with, by consulting the appropriate regulatory boards, authorities, or financial institutions.

7.6 Independent Nature of Tradespersons and Third-Party Providers

Tradespersons and third-party providers are not employed by or agents of The Quote Yard Pty Ltd. All trade services are provided by independent third parties. The Quote Yard Pty Ltd only facilitates introductions between tradespersons and consumers. We do not monitor or supervise any arrangements made between tradespersons and consumers or between tradespersons and their employees or contractors. We are not directly involved in any transaction between any users, tradesperson, service providers and consumers who hire services through our website or app.

7.7 Disclaimer of Liability for Errors, Downtime, and Unavailability

We do not guarantee the website or app will be available at all times or free from errors, interruptions, or downtime. We will not be liable for any damages or losses resulting from errors, interruptions, downtime, or unavailability, including loss of data or delays in services.

7.8 No Professional Advice

The content on the website or app does not constitute professional advice. Always seek the advice of a qualified professional for specific issues or situations.

7.9 External Links

Our website or app may contain links to external sites. We do not endorse or take responsibility for the content or practices of these sites. Accessing them is at your own risk.

7.10 No Guarantees

The information provided on the website and app is made available "as is" without any warranties, express or implied. We do not guarantee the accuracy, reliability, completeness, or timeliness of any content or information presented. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or freedom from errors or interruptions. Additionally, we are not liable for the conduct, legality, or successful completion of transactions by users, tradespeople, or service providers on the platform.

7.11 Waiver of Claims

By using this website, app, or any services provided by The Quote Yard Pty Ltd, you expressly agree to waive and release any and all claims, demands, and causes of action against The Quote Yard Pty Ltd, its affiliates, officers, directors, employees, and agents. This waiver applies to claims arising from or related to your use of the platform or services, including but not limited to claims based on negligence, breach of contract, statutory violations, or any other legal or equitable theory. This waiver is intended to the fullest extent permitted by applicable law.

7.12 Acknowledgment of Risks

By using this website, app, and the services provided, you acknowledge and willingly assume all risks associated with such use. This includes, but is not limited to, risks related to the accuracy of information, interactions with other users or service providers, and the potential for errors, interruptions, or other issues inherent to digital platforms and services.

7.13 Release of Liability

You hereby release, acquits, and forever discharges The Quote Yard Pty Ltd, its affiliates, officers, directors, employees, and agents from any and all claims, demands, actions, and causes of action, whether known or unknown, that arise out of or are related to the use of this website or app and all services provided. In the event that you have a dispute with one or more users of the website, you release The Quote Yard Pty Ltd and expressly agree to waive any and all claims, demands, damages and causes of action against The Quote Yard Pty Ltd, its affiliates, officers, directors, employees, and agents, that arise out from a dispute.

7.14 Indemnification

You agree to indemnify, defend, and hold harmless The Quote Yard Pty Ltd, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with your use of this website, app, and the services provided; your breach of these terms and conditions; or your violation of any rights of a third party. This indemnification obligation shall remain in effect even after the termination of these Terms and Conditions and your use of the website, app, or any services provided. The Quote Yard Pty Ltd reserves the right to assume exclusive defence and control of any matter subject to indemnification by you, and you agree to fully cooperate with us in asserting any available defences.

8. Automatic Renewal for Subscriptions

8.1 Automatic Renewal

By subscribing to a membership plan, you agree that your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel auto-renewal before the next billing period. Your payment method will be charged for the renewal period.

8.2 Notice of Renewal

We may notify you of upcoming charges and any changes to subscription terms or fees. Failure to receive notification does not relieve you of the obligation to pay renewal fees.

8.3 Cancellation of Auto-Renewal

You can cancel auto-renewal by accessing your account settings or contacting customer support at least 5 business days before the renewal date. Your subscription will continue until the end of the current billing period, and you will not be charged for the next renewal.

8.4 Refunds

Fees for automatically renewed subscriptions are non-refundable. If you cancel after your account has been charged, you will retain access until the end of the current billing period, but no refunds will be issued.

8.5 Changes to Subscription Plans

We reserve the right to change pricing or terms of any subscription plan. We will notify you of any changes, and continued use of the service constitutes acceptance of the new terms.

9. Force Majeure

9.1 Definition

"Force Majeure" refers to circumstances beyond our reasonable control that prevent or delay the performance of our obligations. These include, but are not limited to, natural disasters, acts of war, terrorism, pandemics, government actions, strikes, cyberattacks, and other unforeseeable or extraordinary events.

9.2 Suspension of Obligations

Our obligations under this agreement will be temporarily suspended during a Force Majeure event. We will resume performance of our obligations as soon as the event no longer affects our ability to do so.

9.3 No Liability

We shall not be held liable for any damages, losses, or delays resulting from our inability to perform due to a Force Majeure event. By agreeing to these terms, you expressly release us from any claims, liabilities, or demands arising from such circumstances.

9.4 Mitigation Efforts

We will make reasonable efforts to address and mitigate the impact of a Force Majeure event on our performance and resume services as soon as practicable.

9.5 Termination

If a Force Majeure event persists for more than 30 consecutive days, either party has the right to terminate this agreement by providing written notice to the other party. Termination under this clause shall not result in liability for damages or costs, and both parties shall be relieved of any further obligations under the agreement.

10. Changes to Fees and Services

10.1 Right to Change Fees and Services

We may modify membership fees, subscription plans, or services at any time, including adjustments to pricing or scope.

10.2 Notification of Changes

We will update relevant sections on our website or app and email you about changes. Notice will be provided at least 30 days before changes take effect.

10.3 Member Options

10.3.1 Acceptance of Changes

Continued use of our services after changes implies acceptance of new fees or terms.

10.3.2 Cancellation

You may cancel your membership before changes take effect. No refunds will be issued for fees already paid.

10.4 No Refunds

No refunds will be issued for fees already paid if you cancel due to changes in fees or services. Access remains valid until the end of the current billing period.

11. Third-Party Payment Processors

11.1 Use of Payment Processors

We use third-party processors for financial transactions. By using our services, you authorize us to share your payment information with these processors.

11.2 Processor Responsibilities

• Transaction Processing: Processors handle payments and refunds. We are not responsible for their performance.
• Data Security: Processors must secure your payment information, but we cannot guarantee its security once transmitted.
• Data Breaches: We will cooperate with processors in the event of a data breach but are not liable for damages resulting from such breaches.

11.3 Transaction Issues

For transaction issues, such as unauthorized charges, contact the processor. Our support team can assist with communication but is not responsible for resolving transaction issues.

11.4 Changes to Payment Processors

We may change payment processors and will notify you of significant changes affecting your payment methods.

11.5 Indemnification

You agree to indemnify us from claims related to third-party payment processors, including data breaches and transaction errors.

12. Termination of Services

12.1 Termination by The Quote Yard Pty Ltd

The Quote Yard Pty Ltd reserves the right to suspend or terminate your account at its discretion, with or without cause, immediately and without prior notice. This includes, but is not limited to, cases of breach of the terms and conditions, fraudulent activity, illegal conduct, or any activity deemed harmful to the platform, other users, or The Quote Yard Pty Ltd.

If a user is found to have provided false, misleading, or deceptive information, such as submitting inaccurate or fraudulent tradesmen license details (e.g., an invalid license, using someone else's license without authorization, or presenting a fabricated or counterfeit license), The Quote Yard Pty Ltd reserves the right to terminate the user's account immediately. Any fees paid prior to such termination may be forfeited to cover administrative costs or damages incurred. Users agree that no refunds will be issued for any fees paid prior to termination in such cases.

12.2 Consequences of Termination

Outstanding Fees: You will remain liable for any outstanding fees or charges accrued prior to termination. The Quote Yard Pty Ltd reserves the right to pursue the collection of any unpaid amounts.

Loss of Access: Upon termination, you will immediately lose access to your account and any services provided by The Quote Yard Pty Ltd. Any content, project requests, or communications associated with your account may be permanently deleted and cannot be retrieved.

12.3 Termination by User

You may terminate your account at any time by providing notice to The Quote Yard Pty Ltd through the account settings or by contacting customer support. Upon termination, all fees paid are non-refundable, and access to the platform will be revoked.

12.4 Survival of Obligations

Certain obligations, such as outstanding fees, indemnification, and any liability limitations outlined in this agreement, will survive the termination of your account.

12.5 Business Closure and Service Termination

The Quote Yard Pty Ltd reserves the right to cease operations, permanently shut down the website and all related services, or discontinue the business entirely at its sole discretion. In such an event, all user accounts will be terminated, and any remaining subscription or service fees will be handled in accordance with our refund policy, if applicable. Users agree that The Quote Yard Pty Ltd shall not be liable for any losses or damages resulting from such termination.

13. Copyright

13.1 Ownership

The content, features, and functionality of the website and app, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and other materials (collectively, "Content"), are owned by or licensed to The Quote Yard Pty Ltd and are protected by copyright, trademark, and other intellectual property laws.

13.2 Copyright Notice

© 2024 The Quote Yard Pty Ltd. All rights reserved. Unauthorized use, reproduction, or distribution of any Content from the website or app is prohibited.

13.3 Use of Content

You are prohibited from modifying, reproducing, distributing, republishing, displaying, or transmitting any content for personal, commercial, or non-commercial purposes without obtaining prior written consent from The Quote Yard Pty Ltd.

13.4 User-Generated Content

Any User-Generated Content you post, submit, or share on the website or app grants The Quote Yard Pty Ltd a perpetual, non-exclusive, royalty-free, worldwide, irrevocable license to use, reproduce, modify, adapt, publish, distribute, translate, and create derivative works from your content in any media. This license is granted for the purposes of operating, promoting, and improving the services provided by The Quote Yard Pty Ltd.

13.5 DMCA Notice

If you believe that any Content on the website or app infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) notice to The Quote Yard Pty Ltd. Please provide a detailed description of the alleged infringement and contact information so that we can address your concerns promptly.

13.6 No Warranty

The Quote Yard Pty Ltd makes no warranties or representations about the accuracy, completeness, or reliability of any Content. The use of Content is at your own risk.

13.7 Infringement

Any unauthorized use of the Content may result in legal action, including but not limited to claims for damages and injunctive relief.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. By using the website or app, you agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising out of or in connection with these Terms and Conditions or your use of the website or app.

14.1 For International Users

• Your use of the website or app is subject to the laws of New South Wales, and any disputes that arise will be subject to the jurisdiction of the courts in New South Wales.
• Regardless of where you are located, you consent to the jurisdiction of New South Wales and agree that any legal action or proceedings in relation to these Terms and Conditions or your use of the website or app will be conducted in the courts of New South Wales.
• You are responsible for complying with any local laws applicable to your use of the website or app in your jurisdiction.

By continuing to use the website or app, you accept these terms and agree to submit to the jurisdiction of New South Wales, Australia, as specified above.