Quoted App Terms and Conditions

Important Notice: These Quoted App Terms and Conditions (Terms and Conditions) are an important legal document. You should read the Terms and Conditions in its entirety. However, there are some important terms we wanted to make you aware of, which we have summarised below. Capitalised terms used here have the meanings given to them in the terms of the Terms and Conditions.

1. Introduction

JHM Electrical Pty Ltd (ABN 45 160 282 762) (we, our, us, JHM Electrical) is the owner and the operator of the JHM Electrical mobile application (Quoted App).
These Terms and Conditions (Terms) govern the Quoted App and the provision of services by JHM Electrical using the Quoted App (Services) in Australia.
You must be a licenced tradie to use the Quoted App and the Services.
You acknowledge that, in order to use the Quoted App, you will need to download the Quoted App from the app store of a third-party provider such as Google or Apple. These Terms do not apply to any products or services provided by such third-party provider. You should contact the relevant third-party directly if you are having issues downloading the Quoted App from their app store. Neither Apple nor Google is a party to these Terms, however each of Apple and Google (and their respective subsidiaries) are third-party beneficiaries of these Terms. As such, once you accept this Agreement, Apple or Google (as the case may be) shall have the right to enforce these Terms against you.
In the event that you download the Quoted App from Google Play Store, you acknowledge and agree that separate terms and conditions may apply directly between you and Google in respect of your use of their products and services.
In the event that You download the Quoted App from Apple's App Store, to the extent that such terms are not already incorporated into these Terms, You acknowledge and agree that the minimum terms, as may be updated from time to time, set out in Apple's 'Instructions for Minimum Terms of Developer's End-User Licence Agreement' are incorporated into these Terms. You can find such terms at the following link: https://www.apple.com/legal/internet-services/itunes/dev/minterms/.
By downloading or using the Quoted App or Services, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately delete the Quoted App.
We may amend or update these Terms and will take reasonable steps to bring any material changes to your attention, for example by providing you notice within the Quoted App or otherwise. As you are bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to access or use the Quoted App or the Services after any amendments to these Terms, you agree to be bound by such changes to the Terms.
Subject to your compliance with these Terms, JHM Electrical grants to you a personal, limited, revocable, non-exclusive, non-sublicensable and non-transferrable licence to:
1. download and install the Quoted App in object-code form only on a mobile device that you own in accordance with the rules of the relevant App Store; and
2. use the Services, for your use in your capacity as a licensed tradie only.

2. Subscription Fees

You agree to pay JHM the subscription fee in consideration for an account on the Quoted App and the Services as specified when you create your account (Subscription Fee). The Subscription Fee will be payable at the beginning of each period of your chosen subscription plan (Subscription Period).
JHM Electrical may change the Subscription Fee by giving you at least 30 days' written notice in advance of the date when the change takes effect.
Your subscription will automatically renew at the end of each Subscription Period. You can cancel your subscription with us at any time by giving us at least 14 days' written notice prior to the end of the next Subscription Period.

3. Payment

Payment of the Subscription Fee by direct debit will be done through a third party payment processor. You will be provided with a copy of a direct debit payment agreement from the payment processor, which we are not a party to and is entirely separate to these Terms.
The Subscription Fee must be paid at the beginning of each Subscription Period from the date you sign up / beginning of the next billing cycle. For example, if you agree to a weekly subscription, the Subscription Fee must be paid weekly from the date you sign up / beginning of the next billing cycle.
Payment is to be made by way of direct debit from your nominated bank-account as specified when you create an account or otherwise notify JHM Electrical in writing. You must keep your bank-account details up to date.
You must ensure that there is enough money in your nominated bank-account on the usual date of payment of the Subscription Fee, or the next working day if that day falls on a day when banks do not process payments.
In the event that there is not enough money in your nominated bank-account on the usual date of payment of the Subscription Fee, or there is a delay in payment, you will be charged a fee in the next billing cycle.
Your bank or credit provider may charge you a fee for overdrawing your account if you do not have enough money on your account when payment of the Subscription Fee is due.
You agree to provide to JHM Electrical all information that is required in relation to the payment of the Subscription Fee. Under no circumstances will JHM Electricals' omission to request such information, or any errors or omissions by you regarding such information, justify you not making timely payment.

4. Privacy and security

If you use the Quoted App or the Services, or otherwise sign-up to receive emails and/or newsletters regarding our services, fill in a 'contact us' form or submit a review on the Quoted App, we will need to collect your personal information.
The collection, use, disclosure and handling of personal information is governed by our Privacy Policy, together with other terms such as our privacy collection statements for the Quoted App.
You confirm that all of the information you provide to us, including any personal details, will be complete, true and correct. You must promptly notify and/or update your information if any of the information you have uploaded is erroneous or changes from time to time.
The Quoted App and Services enable you to disclose (share) the personal information of a customer you provide a job quote to (Quote Subject). You must comply with any law applicable to the handling of personal information and privacy, as in force at the date of and during the Terms or as re-enacted, applied, amended, superseded, repealed or consolidated, including the Privacy Act 1988 (Cth) (Privacy Legislation), and fulfil your obligations as required by JHM Electrical in writing to enable JHM Electrical to comply with Privacy Legislation.
You agree that you have obtained the consent of a Quote Subject prior to disclosing any personal information to JHM Electrical that is collected, used or held in connection with these Terms in accordance with Privacy Legislation. For example, when you post information about a job quote you have provided, you must have obtained the consent of the Quote Subject to share it with the Quoted App because it contains their personal information such as their address and opinions about a job quote they have requested.
Before you post the personal information of a Quote Subject to the Quoted App, we may provide you with a privacy collection notice (for example, a verbal statement) that you must provide to the Quote Subject. If we do provide you with a privacy collection notice, you must provide it to the Quote Subject.
You acknowledge that the internet is an inherently insecure communication medium, and your use of the Quoted App and the Services is at your own cost and risk. You must take your own precautions to ensure that the process which you employ for accessing the Quoted App and the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Quoted App and the Services.
You must register an account to use the Quoted App and the Services. Where we make parts of our Quoted App which require usernames, passwords or other security-based information available to you, you must keep all such security-based information secure and private at all times. If your username, password or other security-based information is lost or stolen, you must notify JHM Electrical in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.

5. Termination

You may end your access to the Quoted App at any time by deleting the instance of the Quoted App from your device. Any data or personal information we have collected about you or your use of the Quoted App or Services will be retained and/or destroyed in accordance with our Privacy Policy, relevant privacy collection statements we provide to you and applicable laws.
We may immediately terminate your access to the Quoted App or Services, in whole or in part at any time and by providing written notice (including via Quoted App notifications) where:
1. you breach any of these Terms;
2. you use the Quoted App and/or the Services in a dishonest or fraudulent manner;
3. we have ceased to provide the Quoted App or the Services, in whole or in part (as a result of usage, costs and other factors, we may decide it is not in our legitimate business interests because there are significant costs involved in operating and making available the Quoted App and based on these factors make available the Quoted App in whole or in part);
4. our business or contractual relationships with any third parties require us to do so; or
5. we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
Except where required by an applicable law and subject always to Your Statutory Rights, you acknowledge that JHM Electrical or any third party, will not have any liability to you for any reason whatsoever arising from any termination of your access to the Quoted App or the Services.
Termination pursuant to this clause will not affect any rights or remedies JHM Electrical may have otherwise under these Terms or at law.

6. Updates and changes to functionality

There are significant costs involved in operating and making available the Quoted App and Services. Accordingly, we may make any update to the Quoted App or change or remove functionality from time to time if we determine, in our absolute discretion, it is in our legitimate business interest to do so (for example, based on usage, costs and other factors it may not be in our legitimate business interests to make certain parts of the Quoted App or the Services available in whole or in part to you). We may also make updates for other reasons such as fixing bugs or enhancing functionality. If we make any material or significant updates or change or remove key functionality, we will provide you written notice of the changes (for example with notifications via the Quoted App, email or posting a notice on our website).
Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the Quoted App may not work properly (or at all), or you may be exposed to security vulnerabilities if you do not keep the Quoted App updated to the latest version that JHM Electrical makes available.

7. Intellectual property and Content

Subject to clause 7.5, the entire contents and design subsisting in, relating to or arising out of the Quoted App and the Services and available through or in connection with the Quoted App and Services including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (together the Content) are the intellectual property of JHM Electrical, our content providers or our licensors, with all rights reserved.
You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the Content, except as expressly permitted by law or with JHM Electricals' prior written consent.
No Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Quoted App or the Services.
When you send us any feedback or suggestions in relation to the Quoted App or Services, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions.
The Quoted App may from time to time allow you to post photos, comments on job quotes being uploaded or other content for display or use within the Quoted App or otherwise (User Generated Content). If you choose to post any User Generated Content:
1. subject to clauses 7.4 and 7.5.5, you own all intellectual property rights in the User Generated Content;
2. you acknowledge and agree that your name and profile image may be visible to other users of the Quoted App or the Services;
3. such User Generated Content must comply with the requirements and standards set out in clause 8.2;
4. you hereby consent to JHM Electrical and its affiliates using any User Generated Content for any purpose in JHM Electricals' sole discretion in connection with the JHM Electrical business, including to marketing; and
5. you hereby grant to JHM Electrical an irrevocable, transferrable, worldwide, unconditional, royalty-free and sub-licensable license to use, copy, modify, distribute, publish, communicate to the public and process or otherwise deal with the User Generated Content (and any intellectual property rights in such User Generated Content).
In the event that any third-party claims that the Quoted App, the Services, or your use or possession of the Quoted App or Services infringes the intellectual property rights of such third party, JHM Electrical will be solely responsible for any investigation, defence, settlement or discharge of any intellectual property infringement claim.

8. Acceptable Use

You must only use the Quoted App and the Services in a reasonable manner, consistent with these Terms and our Privacy Policy as well as ordinary community standards of behaviour and decency and any other guidelines and policies that we make available to you from time to time. Under no circumstances may the Quoted App or the Services be used for any illegal purpose, in violation of any applicable laws or regulations, or in a manner likely to cause offence to a reasonable person.
You must not use the Quoted App or the Services, including by posting any User Generated Content, for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Quoted App or Service that:
1. is or may reasonably be contrary to the best interests of JHM Electrical or its affiliates or employees;
2. would cause you or us to be in breach of any law, code, or regulation;
3. would misrepresent your or another person's true identity or related information;
4. involves accessing the personal information of a person other than a person linked to your account;
5. attempts to obtain a benefit or other financial advantage which you are not entitled to;
6. places any unreasonable impost, burden or strain on the technical resources of the Quoted App or the Services, including without limitation the excessive transmission of data;
7. depicts or promotes offensive or illegal behaviour, is offensive or promotes discrimination, racism, bigotry, hatred or physical harm;
8. would deceive, harass or threaten any other person;
9. could cause us to incur a liability to any third party or entity;
10. impacts the ability of any other user of the Quoted App or Services to use the Quoted App or Services, except as expressly permitted by these Terms;
11. violates the privacy or confidentiality of any person;
12. involves compromising the security of any computer system or data storage system;
13. contains, provides or creates viruses or corrupts systems, facilities or data;
14. alters or modifies the operation of the Quoted App or the Services in any way;
15. involves the resale or resupply of the Quoted App or Services to any person without our prior written permission;
16. places a robot, spider, other automatic device, or manual process to monitor or copy the Quoted App or Services or the contents or information contain in the Quoted App or Services without the prior express written consent of JHM Electrical;
17. uses any device, software or routine to interfere or attempt to interfere with the proper working of the Quoted App or Services;
18. frames, scrapes, data-mines, extracts or collects the content of the Quoted App or Services in any form or manner; or
19. provides information to us that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other customers or suppliers.
You represent and warrant to JHM Electrical that you are not located in, and will not use the Quoted App or the Services in, a country that is subject to an embargo by the governments of Australia, or that has been designated by Australia as a "terrorist supporting" country, "prohibited" country or "restricted" country.
If you breach these Terms, or we suspect on reasonable grounds that you have breached these Terms or used the Quoted App or Services for any unacceptable purpose, you acknowledge and agree that we may immediately:
1. delete, modify, record or otherwise use any User Generated Content; and
2. suspend or terminate your access to the Quoted App or Services.

9. Disclaimer

While we take reasonable steps to ensure the availability and security of the Quoted App and the Services, you accept that the Quoted App and the Services are provided on an "as is" basis. We do not warrant that the Quoted App and the Services will be continuously available and we will not be liable if the Quoted App, Services or any part of the Quoted App or Services is unavailable at any time or for any reason. Neither we nor our licensors represent, warrant or undertake that the Quoted App and the Services (or any software underpinning the Quoted App or the Services) will be error, defect, "bug" or "virus" free.
The Quoted App is not a storage service and you agree that we have no obligation to store, maintain or provide you with a copy of any User Generated Content that you provide, except to the extent required by applicable law or as provided in our Privacy Policy.
The information available via the Quoted App and Services is provided on the basis that all persons accessing the Quoted App and Services undertake responsibility for assessing the relevance and accuracy of its content.

10. Limitation of Liability and Indemnity

Without limiting any other provisions of these Terms and to the maximum extent permissible by law, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Quoted App or the Services including any viruses or other malicious software that may affect you while you use the Quoted App or the Services or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Quoted App or the Services.
Nothing in these Terms is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Your Statutory Rights).
Subject always to applicable laws, Your Statutory Rights and liability under clause 10.4 and clause 10.6, each party's total maximum liability to you in contract, tort (including negligence), statute or otherwise, is limited to one thousand Australian dollars (AUD $1,000).
To the maximum extent permitted by law, our liability for breach of any non-excludable rights is limited to:
1. replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
2. replacement or repair if the Services fail to be of acceptable quality and the failure does not amount to a major failure.
Subject always to Your Statutory Rights and except for liability resulting from an indemnity or misappropriation or other violation of any intellectual property rights or confidential information, to the extent permitted by applicable law, under no circumstances will either party be responsible to the other party or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
You are responsible and accountable and, subject to applicable law and Your Statutory Rights, you must indemnify and hold harmless JHM Electrical and its officers, employees and representatives (each an Indemnified Party) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by an Indemnified Party in connection with:
1. your breach of clause 2 (Subscription Fees), 3 (Payment), 4 (privacy and security), 7 (intellectual property and content) and 8 (acceptable use); or
2. any violation by you of any laws or the rights of any person, including intellectual property rights, Because we are fair and reasonable, your liability under this clause is reduced to the extent that JHM Electrical and its officers, employees and representatives directly contributed to the loss.

11. General

Entire Agreement: These Terms, together with any additional terms and conditions set out on the Quoted App or the Services from time to time, constitute the entire agreement relating to its subject matter and supersedes and extinguish any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
Force majeure: We will not be in breach of these Terms or otherwise liable to you or any other person for any unavailability or failure of the Quoted App or the Services or any delay or other failure by us to comply with these Terms that is caused by or arises from any event or circumstances beyond our control.
Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms or by applicable law or otherwise.
Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
Invalidity: If any clause or provision of these Terms is determined to be illegal, invalid or unenforceable for any reason, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms without affecting the enforceability of all remaining clauses and provisions.
Interpretation: In these Terms, unless the context requires otherwise: (i) any reference to a "person" includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms.
Governing Law: These Terms and your use of the Quoted App and the Services are governed by the laws of the State of New South Wales and Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of that State. The Quoted App or the Services may be accessed throughout Australia and overseas. JHM Electrical makes no representation that the Quoted App, Services or Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Quoted App or the Services from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Quoted App or the Services is not illegal or prohibited by laws which apply to you.

12. Contact us

If you have any questions about our Terms or any queries or concerns about the Quoted App, the Services, or the Content, please contact us at:

Email: support@quotedapp.com.au