Website Terms and Conditions of Use Relating to www.E-QUOTES.co
These Terms and Conditions (“the Terms and Conditions”) govern you (“the User”) use of the Online QuoteLab (“Provider”) website located at the domain name www.E-Quotes.co (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. Provider, directors and owners, provide the User access to the Web Sites subject to the terms and conditions of this Agreement. If the User do not agree to the terms and conditions of this Agreement; no use of the Website is allowed in any way. Provider offers the Website to the User conditioned on the User agreeing and acceptance to this agreement.
Affiliate the Terms and Conditions
By registering (Free) and/or making listings or/and advertise (for a fee) as the User of the Website the User understand, accept and agree to the Provider’s entire the Terms and Conditions on this document.
Account listing and advert Cancellations
The User account listings and adverts can be cancelled on the Website at any time within the User dashboard. Due to the Website having an automatic deduction system for payment each month for any services that is charged for, the User as the account holder will pay for the service without any refund until the User submit the User cancellation request and for the remaining months on the 12 months agreement.
Payments for listings and advertising on the Website only:
The User acknowledge and is hereby informed of the fact that all of the User Payment or User Payments made through the Website to Crying Hearts NPC will be retained by Crying Hearts NPC a Non-Profit Company that is managing this website for the sole purpose of raising funds for charity. The Provider is leasing the Website to Crying Hearts NPC at no financial gain to themselves.
The User Payments for listing and advertising a business is done at listing stage, the amount per listing is a standard monthly (thirty days) fee that will be debited from the User bank account every month automatically for using the services. The User payments for using the advertising space will be when the User select a space for advertising and the amount depend on the time and location on the Website. Listings and/ or adverts will only be activated once payment is made through the Website payment system. The Provider reserve the right, to change the amount of any fees and to institute new fees, effective at any time of the User current listing period. At renewal stage, the User will be required to pay the current or new fee, if any. If payment is not received or the user payment is returned from Crying Hearts NPC’s bank account or for any reason; Provider reserves the right to either suspend or terminate the user access to the unpaid-for advertising or listing Services. The user may terminate Services without any refund at any time by cancelling the services on the Provider’s the Website itself but note that this action cannot be undone to reinstate the User listings or advertisement afterwards; the user will have to follow the full process and pay the fees again if applicable at that time. If the User have a dispute with Provider relating to the Website or the Services, the User may cancel the Services. The cancellation of Services is the User only remedy with respect to any such dispute that the User may have with Provider. Any such termination or cancellation is subject to the no-refund policy described within this document. If Provider determine, in Provider sole discretion for any reason including unsuitable listing material used and that the User are not complying with this Agreement, Provider reserve the right to terminate the user listing and/or other Services. Upon any termination or cancellation of the user listings and/ or other Services without any refunds, Provider may immediately deactivate or delete the User account and all related information and/or bar any further access by the User to the Provider Website.
By using the Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
The User is made aware of within here that any correspondence or documents send by the User can be viewed the User representing the User or the User’s employer and the User must inform that to any other third party.
SPAM (Unsolicited Marketing) is illegal in most countries and Provider do not tolerate spam. The User Account will immediately be deleted, and all earnings forfeited and no refunds. Provider inform the User that the “send to a friend” or “send link” etc. function is only to be used to contacts including email addresses the User know and is already in contact with. The necessary action will be taken against any the User using Provider details and information or services to SPAM! As an the Website customer, should the User infringe this policy, the User will be held liable for any costs incurred by Provider, both monetary and in reputation. Provider reserves the right to charge the User of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Provider.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at the Website is provided by Provider or the User, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematography Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”) and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Although the Provider will try to achieve zero risk of being hacked etc. and expose the User’s information or content, this cannot be guaranteed and the Provider cannot be held liable for any loss, damage of any kind.
The User must take reasonable security precautions. Negligence could result in the hacking of the Website as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other website Design customers through blacklisting, phishing or spamming.
The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Website for marketing and other purposes without the consent of the Provider.
Any bank details of the User, if required by the Provider will be kept in the strictest confidence by the Provider and not sell or made known to third parties. All personal details of the User on the user profile may be kept and displayed on the Website for the use of making contact by any user even after cancellation. The Provider cannot be held responsible for security breaches occurring on the User electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on the User device.
The Website provide services (mainly but not limited to a pathway to find new vendors, send and receive tenders or inquiries) online. The use of any services provided on the Website is at the User’s own risk subject to privacy and any use of the Website. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products or services provided by the Website. Any attorneys’ fees, an allocation for in-house counsel, and other legal costs arising out of the User acts for claim etc. will be for the User account. Limited time to bring claims: The User and Provider must commence within one (1) months after the cause of action accrues. Otherwise, such cause of action is permanently barred. The User acknowledge that all claims will be made against the beneficiary company called Crying Hearts NPC (firstname.lastname@example.org) instead of the Provider that is the managing and responsible party for the Website based on the lease agreement made between the Provider and Crying Hearts NPC and the claim will be subject to the same conditions stated against the Provider within this Agreement.
The User agrees to except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Privacy: casual surfing: The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, email addresses or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Updating of the Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of the Terms and Conditions from time to time without any compensation to the User of any kind. Changes to the Terms and Conditions will become effective upon such changes being posted to the Website. It is the User’s obligation to periodically check the Terms and Conditions at the Website for changes or updates. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including such changes or updates.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies, mis-functionality or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Provider reserves the right (but not the obligation) to remove or edit the User Information but does not regularly review the User Information. The User also warrant that the User Information is not and shall not: (a) be false, or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and (h) create liability for Provider or any Provider Party or cause Provider to lose (in whole or in part) the services of Provider’s ISPs or other suppliers.
Provider reserves the right to transfer the User Information in the event of a transfer of ownership of any Provider Web Site or Provider, such as acquisition by or merger with another company. If Provider goes through such a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of its assets, the User Information will, in most instances, be part of the assets transferred. The User understand that by using the Website, the User may be exposed to Content that is offensive, indecent, or objectionable. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked websites, even if Provider is expressly advised thereof. The User grant Provider a non-exclusive, worldwide, irrevocable, transferable, royalty-free right to: 1) distribute, 2) transmit, 3) publicly display, 4) publicly perform, 5) reproduce, 6) translate and 7) reformat the User Information in any media now known or not currently known, and (b) sub-license these rights, to the maximum extent permitted by applicable law. No payment will be made for the User information. Provider will protect (but not the obligation) the User information on the Website to the maximum ability of the Website’s security abilities, including against hackers.
The Provider is not liable for any cost to the User or any third party concerning the requests or submissions of quotations or any other information on the Website.
Credit Card Obtaining – Payment Gateway (Applicable to the User only if the User publish listings and/ or adverts on the Website).
Credit Card Transactions are acquired by Payfast, a registered systems operator and payment gateway in South Africa. Card Holders may go to https://www.payfast.co.za/ to view Payfast’s security policy.
Choice of Law
The Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products or services sold on the Website is illegal is prohibited. The User may not use the Website in violation of South African export laws and regulations. If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of the Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The Terms and Conditions constitute the entire agreement between the Provider and the User regarding the use of the Content and the Website.
No refunds for any reason are allowed on the Website for the services.
The Provider reserves the right to cancel any account if the Terms and Conditions are not adhered too.
Any complaints regarding the standard and quality of the service of the Website should be directed to the Marketing Manager, (email@example.com)
Key abilities and limitations of the Website
Provider makes the User aware that there are size limitations on document and/ or pictures uploaded, downloaded, send or received on the Website.
The relationship between the User and the Provider is not one of agency or partnership and neither the User nor the Provider shall be deemed to be a partner, employee, fiduciary, agent or representative of the other. If the Provider and/ or the User fail to enforce any provision of this Agreement, it shall not constitute a waiver of such provision. The Website may contain links to other Web sites. The Provider are not responsible for the terms, conditions, notices, and privacy policies of these other Web sites. The User represent and warrant that the User have the right, authority, and capacity to enter into this Agreement. The User must be aged Eighteen (18) or over to use the Website and to enter into this Agreement. In compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA), The Website does not knowingly collect information from children under the age of Eighteen (18) for any purpose.