Quotege has its Dublin office at Clondalkin Village,DUBLIN 22,IRELAND, email dpo at quotege dot com
“Quotege” means Quotege Limited, a company registered in Ireland under company number 452558.
The Non-Excludable Conditions include (i) the implied terms under the Sale of Goods and Supply of Services Act 1893 -1980 (as amended), which include (without limitation) that Quotege’s Services under this Agreement will be performed with due skill, care and diligence and that materials used will be sound and fit for purpose.
The exclusions and limitations of liability shall be as follows: Nothing in this Agreement excludes or limits Quotege’s liability for:
1.Death or personal injury caused by Quotege’s negligence
- Fraud or fraudulent misrepresentation; and
- Any matter in respect of which it would be unlawful for Quotege to exclude or restrict its liability.
If Quotege fails to comply with the terms of this Agreement, Quotege is responsible for loss or damage You suffer that is a foreseeable result of Quotege’s breach of this Agreement or Quotege’s negligence, but Quotege is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Quotege’s breach or if it was contemplated by You and Quotege at the time that this Agreement became binding. Quotege shall not be liable to You for any loss or damage arising out of or in any way connected with any transaction between Posters and Taskers and Third Party Service providers who may be included from time to time on the Quotege Platform. Quotege’s liability to any User under this Agreement is limited to the total amount of payment made by that User to Quotege during the twelve month period prior to any incident causing liability of Quotege, or €20.00, whichever is greater. The governing law and jurisdiction shall be as follows:
1.If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.
- You can bring proceedings in respect of this Agreement in the Irish courts. However, as a consumer, if You live in another European Union Member State You can bring legal proceedings in respect of this Agreement in either the Irish courts or the courts of that Member State.
- As a consumer, if You are resident in the European Union and Quotege directs the Quotege Platform to the Member State in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in this Agreement affects Your rights as a consumer to rely on such mandatory provisions of local law.
- This Agreement shall be governed by Irish law. This means that Your access to and use of the Quotege Platform, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by Irish law.
The following tax provisions shall apply: If You are a Tasker, You must have the right to provide Services under a Task Contract and to work in the Republic of Ireland and You must not be established for VAT purposes outside the Republic of Ireland. You must comply with tax and regulatory obligations in relation to any payment received under a Task Contract. You must not sell goods as a separate supply through the Quotege Platform. If the supply of any goods is part of a single supply of services for VAT purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Tasker and You supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then You must supply such goods outside of the Quotege Platform and under a separate contract between You and the Poster. The Agreed Price shall not constitute consideration for such goods.The Service Fee and/or the Cancellation Admin Fee only becomes payable to Quotege under this Agreement once Quotege has performed its services. Therefore, You are not entitled to cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 in relation to the Service Fee and/or the Cancellation Admin Fee.
Quotege Service Description
- Quotege provides the Quotege website / platform to enable People (Posters) to post / publish Tasks that they need done.
- Quotege reserves the right to cancel all offers on posted tasks.
- A Poster may cancel or modify their Task at any time before they accept an offer.
- If an offer is accepted on the Quotege Platform, a Task agreement is created between the two parties (Tasker and the Poster).
- Taskers may make offers on Posted Tasks.
- Upon creation of a Task agreement, the Poster must pay the agreed booking deposit/service fee.
- Upon creation of the Task Contract, Quotege has rendered Quotege Services and the Service Fee is due and payable.
- Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the Quotege Platform. The Poster and Tasker are encouraged to use Quotege’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
- Once the Services are complete, the Poster must provide notice of that on the Quotege Platform.
- Once the Posted Task has been completed and the Poster confirms the Services are completed, the poster must pay the remaining balance directly to the Tasker who completed the task. The amount would be the offer amount less the service fee already paid.
- After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Quotege Platform.
- Quotege provides the Quotege Platform only, enabling Users to publish and make Offers on Posted Tasks.
- Quotege only permits individuals over 18 years of age to become Users.
- Users must be natural persons, but can specify within their account description that they represent a business entity.
- At its absolute discretion, Quotege may refuse to allow any person to register or create an account with Quotege or cancel or suspend or modify any existing account including if Quotege reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Quotege Platform.
- Registering and creating an account with Quotege is free. There is no charge for a Poster to post tasks, or for other Quotege Users to review content on the Quotege Platform, including Posted Tasks.
- Quotege accepts no liability for any aspect of the Poster and Tasker interaction, including but not limited to the description, performance or delivery of Services.
- Quotege has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Posters’ ability to pay for the Services requested.
- Except for liability in relation to any Non-excludable Condition, the Quotege Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Quotege has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
- You understand and agree that Quotege does not undertake any investigation in relation to any tasker or third party service provider before they are admitted to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a tasker or third party service provider to perform any task which they may claim to be able to provide on the platform. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a tasker to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a tasker. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless Quotege from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
Quotege User Obligations
- You must maintain control of Your Quotege account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
- You agree that any information posted on the Quotege Platform must not, in any way whatsoever, be potentially or actually harmful to Quotege or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Quotege.
- You will at all times 1.Comply with this Agreement (including all Policies) and all applicable laws and regulations 2. Only post accurate information on the Quotege Platform. 3. Make Sure that You are aware of any laws that apply to You as a Poster or Tasker or in relation to using the Quotege Platform.
- You agree that any content (whether provided by Quotege, a User or a third party) on the Quotege Platform may not be used on third party sites or for other business purposes without Quotege’s prior permission.
- You must not use the Quotege Platform for any illegal or immoral purpose.
- You grant Quotege an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Quotege Platform for the purpose of publishing material on the Quotege Platform and as otherwise may be required to provide the Quotege Service, for the general promotion of the Quotege Service, and as permitted by this Agreement.
- Without limiting any provision of this Agreement, any information You supply to Quotege or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not be false, inaccurate or misleading or deceptive, be fraudulent or involve the sale of counterfeit or stolen items,infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy, violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws), be defamatory, libellous, threatening or harassing, be obscene or contain any material that, in Quotege’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images, contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Quotege Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- Quotege Platform may from time to time engage location-based or map-based functionality. The Quotege Platform may display the location of Posters and Taskers to persons browsing the Quotege Platform. A User should never disclose personal details such as the Poster’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Quotege Platform.
- If You are a Tasker, You must have the right to provide Services under a Task Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a Task Contract.
- You must not, when supplying Services, charge a Poster any fees on top of your original offer amount. However, the parties to a Task Contract may agree to amend the Agreed Price through the Quotege Platform by contacting our support team.
- Quotege Platform does not facilitate the reimbursement of any payments made outside of the service fee / booking deposit paid to Quotege.
- If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Poster. Quotege advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Poster will reimburse the costs promptly.
- Taskers must not subcontract any of the task responsibilities they have offered to complete.
- If Quotege determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Quotege Service or cancel or suspend Your account and/or any Task Contracts.
- Upon the creation of a Task Contract, the Tasker owes Quotege the respective Service Fee. The Service Fee will automatically be deducted from the Agreed Price
- If the Posted Task requires a Tasker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
- Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- All Fees and charges payable to Quotege are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
- If Quotege introduces a new service on the Quotege Platform, the Fees applying to that service will be payable as from the launch of the service.
- Quotege may set-off any Fees against any Tasker Funds or other amounts held by Quotege on behalf of a User.
- Quotege may restrict a User’s account until all owed Fees have been paid.
Quotege Payments / Refunds & Credit
- If the Task Contract is cancelled for any reason (by a Poster, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if Quotege is reasonably satisfied that the booking deposit / service fee should be returned to the Poster then the booking deposit / service fee will be refunded to the Poster as Stored Value and a Cancellation Admin Fee will be due to Quotege by the User who the cancellation of the Task Contract is attributable to.
- Quotege may decide in its absolute discretion to refund the booking deposit / service fee back onto the Poster’s credit card instead of Stored Value or waive the Cancellation Admin Fee.
- Any amount returned by Quotege to a Poster on behalf of a Tasker under clause will be a debt owed by the Tasker to Quotege and may be offset by Quotege against any other payments owed at any time to the Tasker.
- Any outstanding Cancellation Admin Fee owed by a User under clause will be a debt owed by that User to Quotege and may also be offset by Quotege against any other payments owed at any time to the User.
- Cancellation of a Task Contract will be attributable to the Tasker where the Poster and the Tasker mutually agree to cancel the Task Contract; or following reasonable but unsuccessful attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled by the Poster; or the Tasker cancels the Task Contract; or a Task Contract is cancelled as a result of the Tasker’s actions or breach.
- A Cancellation of a Task Contract will be attributable to a Poster where the Poster cancels the Task Contract or a Task Contract is cancelled as a result of the Poster’s actions or breach..
- If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- Quotege may take up to 14 days to return the booking deposit / service fee (less the Cancellation Admin Fee, if applicable) to the Poster.
- If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the booking deposit / service fee to be returned to the Poster will be conditional upon the mediation and dispute process.However, the Cancellation Admin Fee will always be due.
Quotege Payment Providers
- Quotege uses a Payment Provider to operate the Payment Account.
- In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/en-ie/ssa and https://www.paypal.com/ie/webapps/mpp/ua/useragreement-full are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of payments.
- If Quotege changes its Payment Providers, you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
- Quotege may from time to time include Third Party Services on the Quotege Platform. These Third Party Services are not provided by Quotege.
- Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Quotege Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- Quotege makes no representation or warranty as to the Third Party Services.
Quotege Verifications / Badges
- Quotege may use Identity Verification Services.
- You agree that Quotege Identity Verification Services may not be fully accurate as all Quotege Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
- You are solely responsible for identity verification and Quotege accepts no responsibility for any use that is made of a Quotege Identity Verification Service.
- Quotege Identity Verification Services may be modified at any time.
- The Quotege Platform may also include a User-initiated feedback system to help evaluate Users.
- Quotege may make Badges available to Taskers. The available Badge can be requested by the Tasker via the Quotege Platform, and arranged on behalf of the Tasker and issued by Quotege, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by Quotege or a third party verifier which shall be governed by its terms.
- You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you are aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.
- It remains the Tasker’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Quotege immediately if a Badge is no longer valid.
- Quotege may, at its discretion, issue Badges to Taskers for a fee.
- The issue of a Badge to a Tasker remains in the control of Quotege and the display and use of a Badge is licensed to the Tasker for use on the Quotege Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Quotege Platform.
- Quotege retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Quotege.
- All Quotege users must make sure they have the relevant insurance needed to carry out the tasks they are performing. Quotege does not offer any Insurance for any tasks booked through the Quotege website platform.
- You can complain about any comment made on the Quotege Platform using the ‘Report’ function of the Quotege Platform or contact Quotege via the Quotege Platform.
- Quotege is entitled to suspend or terminate Your account at any time if Quotege, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Quotege Users.
Quotege Limitation Of Liability
- Please see Quotege’s terms below for these applicable exclusions and limitations of liability.
- Quotege will endeavour to permit you to transact anonymously on the Quotege Platform. However in order to ensure Quotege can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Quotege reserves the right to ask Users to verify themselves in order to remain a User.
Changes To The Agreement
- Quotege may modify this Agreement or the Policies (and update the Quotege pages on which they are displayed) from time to time. Quotege will send notification of such modifications to Your Quotege account or advise You the next time You login.
- When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Quotege Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Quotege who will terminate Your Quotege account, and stop using the Quotege Service.
- No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Quotege, its related entities or affiliates in any way whatsoever. Quotege confirms that all Third Party Services that may be promoted on the Quotege Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Quotege specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
- Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Quotege’s contact address or to Quotege Users’ contact address as provided at registration. Any notice shall be deemed given if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Quotege Platform account.
- Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
Mediation And Dispute Resolution
- Quotege encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Quotege may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
- Quotege may elect to assist Users resolve disputes. Any User may refer a dispute to Quotege. You must co-operate with any investigation undertaken by Quotege. Quotege reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Quotege’s determination in an applicable court or tribunal.
- Quotege has the right to hold any service fee that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
- Quotege may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- If You have a complaint about the Quotege Service please contact us.
- If Quotege provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Quotege for any costs, losses or liabilities incurred by Quotege in relation to any claims relating to any other use of information not permitted by this Agreement.
- Either You or Quotege may terminate your account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Task Contract that has been formed between Quotege Users.
- Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
- Sections (Fees), (Limitation of Liability) and (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- If Your account or this Agreement are terminated for any reason then You may not without Quotege’s consent (in its absolute discretion) create any further accounts with Quotege and we may terminate any other accounts You operate.
- This Agreement is governed by the laws in Ireland
- The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- This Agreement may be assigned or novated by Quotege to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- This Agreement sets out the entire understanding and agreement between the User and Quotege with respect to its subject matter.