QuotAR Terms and Conditions

This mobile application: QuotAR (“CW APP”) is owned and operated by CW Systems Pty Ltd ACN 138 897 088 (“CW SYSTEMS”, “we”, “our” or “us”) for the benefit of individuals and entities interested in CW SYSTEMS’ services.

These terms and conditions (“Terms of Use”) apply to your use of the CW APP and by downloading or using the CW APP you agree to be bound by these Terms of Use. Should you not agree to these terms, you must immediately uninstall the CW APP and discontinue its use.

Please read these Terms of Use prior to using the CW APP and/or using our service. If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this CW APP.

User Account, Requests for Quotation and Orders

To make a request for quotation and access some features of the CW APP, you must register an account with us. To register an account, you must:

1. Give us accurate and current personal information including your name, address, and a valid email address.
2. You must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

You are solely responsible for the activity that occurs on your account (including requests for quotation and orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

Any requests for quotation and/or orders places through the CW APP will be subject to our then current terms and conditions of sale, which may be viewed here on our website or shall otherwise be made available to you at the time of submitting the request for quotation and/or order.

If you discover that you have made a mistake with your request for quotation after you have submitted it through the website, please contact our Sales team immediately. However, we cannot guarantee that we will be able to amend your request in accordance with your instructions. Until the time when we accept your request, we reserve the right to refuse to process your request and you have the right to cancel your request.

Liability

Your use of the CW APP is at your sole risk. The CW APP is provided on an “as is” and “as available” basis. We make no warranty, and disclaims all responsibility and liability for, the availability, timeliness, security, reliability, any related software or application, or other products, services, information obtained through the CW APP.

We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other information maintained or transmitted by the CW APP.

We are not responsible for the accuracy or reliability of any information or advice transmitted through the CW APP. We may, at any time, limit your use or discontinue to CW APP.

You are responsible for ensuring that the CW APP is updated regularly to the latest available version.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and CW SYSTEMS is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

• Any increased costs or expenses;
• Any loss of profit, revenue, business, Aontracts or anticipated savings;
• Any loss or expense resulting from a claim by a third party; or
• Any special, indirect or consequential loss or damage of any nature whatsoever caused by CW SYSTEMS’s failure to complete or delay in completing the order to deliver the products.

CW SYSTEMS is not responsible and accept no liability for loss or damage arising from CW APP failures or downtime.

Wi-Fi Connectivity

Certain functions of the CW APP may require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but CW SYSTEMS cannot take responsibility for the CW APP not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the CW APP outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the CW APP, or other third-party charges. In using the CW APP, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the CW APP, please be aware that we assume that you have received permission from the bill payer for using the CW APP.

Links

This CW APP may from time to time contain hyperlinks to other mobile applications or websites. Such links are provided for convenience only and CW SYSTEMS is not responsible for the content and maintenance of or privacy compliance in relation to any linked mobile application or website. Any hyperlink on our CW APP to a mobile application or website does not necessarily imply our endorsement, support, or sponsorship of the operator of that mobile application or website or of the information and/or products that they provide.

Trademark

CW SYSTEMS’s logos (whether registered or otherwise) and any other affiliated logos owned by CW SYSTEMS may not be used without prior, specific, written consent by CW SYSTEMS.

Copyright and Intellectual Property

Copyright in the content on this CW APP is the property of CW SYSTEMS or owned by other third parties who have granted licence/s to CW SYSTEMS. Material on this CW APP may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this CW APP may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other mobile application or website or materials without prior written approval from CW SYSTEMS.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this CW APP are the sole property of CW SYSTEMS including without limitation, all copyrights and other proprietary rights inherent therein.

You are not allowed to attempt to extract the source code of the CW APP, and you also shouldn’t try to translate the CW APP into other languages, or make derivative versions.

Security Risk

Third parties may intercept or modify transmissions to and from this CW APP and it is possible that mobile and computer viruses or other defects may be contained in files obtained from or through this CW APP. CW SYSTEMS is not liable for any damage that may be a result of your use of this CW APP or of any linked mobile applications or websites.

Content Submitted Online

Where you post or submit content through the CW APP (such as customer information, photos, order details, designs, etc) you warrant that you:

Trademark

CW Systems’ logos (whether registered or otherwise) and any other affiliated logos owned by CW Systems may not be used without prior, specific, written consent by CW Systems.

Security Risk

Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. CW Systems is not liable for any damage that may be a result of your use of this Website or of any linked Website.

Content Submitted Online

Where you post or submit content to our website (such as customer information, photos, order details, designs, etc) you warrant that you:

1. Have the permission of the person/s to whom the content relates to submit it to the website, and if they appear in any photo for them and their image or likeness to be subject to these Terms, including use by CW Systems in accordance with CW Systems’ Privacy Policy; and
2. Have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth)).

CW Systems may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving CW Systems) at any time in the future, and via any media.

CW Systems does not accept any responsibility or liability where content is downloaded from the website, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and CW Systems does not accept any liability for such actions.

Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by CW Systems to conduct campaigns, research and marketing activities (including informing you about special offers from CW Systems, and to become part of databases maintained by CW Systems or its associated entities), and otherwise be used in accordance with CW Systems’ Privacy Policy.

Privacy Policy

All personal information obtained by using CW Systems’ Website is governed by CW Systems’ Privacy Policy. By using the Website you agree with CW Systems’ Privacy Policy. If you do not agree to CW Systems’ Privacy Policy, you should not provide your personal information to CW Systems.

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other CW Systems products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: sales@cwsystems.com.au.

Prohibited Uses

Use of the CW APP is limited to the contemplated functionality. The CW APP shall not be used in any way that;

1. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. Is unlawful, fraudulent, or deceptive;
3. Uses technology or other means to access unauthorized content or non-public spaces;
4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Attempts to damage, disable, overburden, or impair CW SYSTEMS’s servers or networks;
7. Attempts to gain unauthorized access to a CW SYSTEMS computer network;
8. Attempts to gain unauthorized access to CW SYSTEMS user accounts;
9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. Violates these Terms of Use in any manner; or
11. Fails to comply with applicable third-party terms and conditions or other third-party policies

(collectively “Acceptable Use”).

CW SYSTEMS reserves the right, in its sole discretion, to terminate any your use of the CW APP, remove content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the CW APP, that CW SYSTEMS reasonably believes is or might be in violation of these Terms of Use.

Push and email notifications

As part of installation of the CW APP on your mobile device, the CW APP may ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow Push Notifications then the CW APP will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of these Push Notifications.

You may choose to stop receiving Push Notifications at any time by selecting this option within the CW APP’s settings menu or by deleting the Application from your mobile device.

Indemnity

To the full extent permitted by law, you agree to indemnify CW SYSTEMS and keep CW SYSTEMS indemnified from and against any liability and any loss or damage CW SYSTEMS may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.

General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by CW SYSTEMS will be considered to imply or constitute a further waiver by CW SYSTEMS of the same or any other term, condition, right or remedy.

CW SYSTEMS reserves the right to anonymously track and report, to our third party statistical service providers, your activity in of the CW APP.

We reserve the right to cease operating the Application at any time, without notice.

CW SYSTEMS reserves the right to modify the CW APP, any of the Terms of Use and Privacy Policy at any time.
These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.