Product or Service Provider Terms & Conditions

1. Definitions

1. "you" / "your" means the person/company entering into this agreement, also known as the "product or service provider".
2. "we" / "us" / "our" means TRAVEL QUOTER PTY LTD (ACN: 616 805 184), trading as Travel Quoter, and agents, and any other person or business to whom we may legally assign or transfer our rights under these Terms & Conditions.
3. "product or service provider" means the travel agent, travel agency, or provider of any service or product advertised on this website or made available via this website.
4. "enquiry form" means the Travel Quoter enquiry form.
5. "service" means Travel Quoter's act of forwarding the Travel Quoter enquiry form to you.
6. "consumer" means the person completing the Travel Quoter enquiry form.
7. "website" means a site on the world wide web located at www.travelquoter.com.

Travel Quoter provides a connection service between the consumer(s) and third parties known as "product or service providers". The enquiry form allows consumers to detail the planned trip and any other requests that the consumer(s) would like the product or service provider to attend to in providing the travel quote. The consumer(s) have the discretion in selecting the radius/suburb of the product or service provider. After the enquiry form is submitted online it is distributed to the product or service provider of the selected suburb/radius.

2. Your Agreement with Us

1. Your Agreement with us consists of:
   1. these terms and conditions (as may be varied from time to time); and
   2. the Website Terms of Use (if you access the Website).
2. All terms and conditions and other documents referred to above (as may be amended from time) are referred to as "this Agreement" and comprise the entire agreement between you and us about its subject matter. This Agreement supersedes all prior understandings, agreements, or representations and you may not rely on any representations or warranties about the subject matter of this Agreement except as expressly provided in this Agreement.
3. Your acknowledgement of these terms and conditions and your use of our service constitutes your acceptance of this Agreement. Should you object to any of our terms under this Agreement or other notices on our Website in relation to our services, your sole option is to immediately cease your use of our service and/or website.
4. You understand and acknowledge that you are entering this agreement of your own free will and that you have not relied upon any other warranty, representation, act, or omission made by or on our behalf.
5. You acknowledge that we take no responsibility for computer viruses and/or any other computer-related problems you suffer as a result of using this service and/or website. We recommend that you use your own appropriate virus checking software.
6. You accept that we take no responsibility for any commentary, opinions, ratings, and/or other postings on our website by consumer(s) and/or third parties.
7. You will not do anything that affects the integrity or security of this service or cause or may cause harm, damage, or unreasonable inconvenience to us and/or the consumer(s) of this service.

3. Warranties and Representations by You

You represent and warrant to us that:

1. The personal information you provide to us (or authorise to be provided to us) is your information, or information which you have been authorised to provide us. Where you are authorised to provide another individual's information to us, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Policy and these terms and conditions;
2. You will ensure that you do not use our Service for a purpose that is unlawful or use our service for an improper purpose including but not limited to any actions that would be defamatory, misleading or deceptive or would otherwise expose us to any liability, legal proceedings, or other sanction;
3. In the event that you are entering this agreement on behalf of a company and/or a corporation, you confirm and acknowledge that you have the authority and the full capacity to enter into this agreement on behalf of the company and/or corporation;
4. You understand and undertake that if it is deemed that you did not have the full authority and/or capacity to enter this agreement on behalf of the company and/or corporation, then you will immediately and automatically become personally liable under this agreement and be bound by all the terms and conditions as if entered into personally;
5. You will attend to the enquiry form immediately and no later than 48 hours after receipt;
6. You understand that the information provided in the enquiry form is strictly confidential, and will only be used solely for the purpose of providing a quote and/or product or service and not for any other purpose including but not limited to marketing;
7. You acknowledge that you will not mislead or misinform any consumer(s) as to the nature of the relationship between you and us. You understand and acknowledge that the relationship between you and us is not one of an agency, but merely a conduit between you and the consumer(s);
8. In the event that a complaint against you or any of your employees and/or product or service(s) arises through us, you undertake full responsibility and will handle the complaint with the utmost care and professionalism;
9. You understand that you cannot make a claim for damages or compensation for the temporary unavailability of the service(s);
10. You acknowledge that you must have your own terms and conditions and privacy statement when you engage with the consumer(s).
11. If you breach any of the clauses in this agreement, we may take such action as we deem appropriate, including but not limited to: denying you access to this website, bringing legal proceedings against you, and disclosing such information to appropriate legal and/or regulatory bodies.

4. Warranties and Representations by Us

1. We will endeavour to provide you the service and ensure that the website is active; however, in the event that the service(s) is temporarily down, we will endeavour to have the issue(s) resolved in a reasonable timeframe;
2. We do not guarantee the number of consumers, the amount or number of enquiry forms provided through us, if any;
3. As part of our service, we may send the same enquiry form to more than one service or product provider;
4. We will not recommend and/or favour any service or product provider; and
5. We will not be responsible for any act and/or omission of a consumer(s) and/or third parties introduced by us.

5. Termination and Fees

1. There are no joining fees for this service.
2. There is a membership fee for this service as reflected in the Travel Quoter Direct Debit form.
3. You acknowledge and understand that it is your sole responsibility to ensure that there are always sufficient funds in your nominated account.
4. There are no termination fees for exiting this service, conditional upon you complying with the termination notice.
5. Termination can occur at any time by providing four (4) weeks’ notice of intention to terminate. Notice to terminate must be made in writing and emailed to info@travelquoter.com.
6. In the event that you do not provide the required four (4) weeks’ termination notice to us as prescribed in clause 5.5, then you will automatically incur a fee equivalent to four (4) weeks’ rate.
7. We may terminate/withdraw this service at any time and without any prior notice to you.

6. Limitation of Liability and Indemnity

1. You agree to indemnify and hold us and our affiliates (and their officers, agents, partners, and employees) harmless against any and all loss, liability, claim, or demand (including reasonable legal fees) arising out of, or in connection with, your use of this service including but not limited to where such use and access is not in accordance with these terms and conditions, or relates to your failure to meet your obligations under your agreement with the consumer(s).
2. Certain rights and remedies may be available under legislation that will not be permitted to be excluded, restricted, or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option, to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

7. General Provisions Relating to Rights and Remedies

1. No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by us will be effective unless it is in writing and signed by us.
2. If any term of this Agreement is void, unenforceable, or illegal, that term is severed. The remainder of this Agreement has full force and effect.
3. Our rights and remedies provided in this Agreement are in addition to other rights and remedies given to us by law and equity independently of this Agreement.

8. Governing Law

1. The laws of New South Wales, Australia govern this Agreement.
2. You submit to the exclusive jurisdiction of the Courts of New South Wales, Australia and you waive any right you have to object to an action being brought in the Courts of New South Wales (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).