KwikQuote Terms & Conditions

 

 

Who We Are And What This Agreement Does.

We Aanco (UK) Limited (company number 01777602) trading as Made for Trade of Wellington House, Wynyard Avenue, Billingham, England, TS22 5TB license you to use the KwikQuote pricing estimator tool (“KwikQuote”) as permitted in these terms.

“You”/ “Company” means the company or organisation identified by Made for Trade to access and use KwikQuote in accordance with these terms.

1. Your Privacy

1.1  We only use any personal data we collect through your use of KwikQuote in the ways set out in our privacy policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using KwikQuote may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 2. Support For KwikQuote/How To Report Any Problems

2.1 If you want to learn more about KwikQuote or have any problems using it please contact us on 01642 610799 or by email at sales@madefortrade.co.

3. How You May Use KwikQuote

3.1 In return for your agreeing to comply with these terms you may use KwikQuote strictly and solely for the purpose of obtaining quotation(s) for goods we may offer for sale to you from time to time. KwikQuote may not be used for any other purpose without our prior written consent.

3.2 In the event of any inaccuracy, error or omission contained within any quotation supplied or generated by KwikQuote, we reserve the right to amend or vary a quotation request submitted and agree to provide you with an accurate and, or complete quotation.

3.3 Any quotation generated by KwikQuote shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.

3.4 Quotations generated by KwikQuote which are sent to Made For Trade via the Confirm and Order button will be followed up by an official MFT Quote and order request form sent back to the originator. This official Quote will form the basis of the contract (as defined in our Terms and Conditions of Sale)

3.5 We reserve the right at any stage prior to supplying an Order Confirmation Form to amend, vary or refuse an order request or quotation provided by you.

4. You May Not Transfer KwikQuote To Someone Else

4.1 We are giving your organisation the right to use KwikQuote as set out above. You may not assign or transfer any rights given to you to use or access KwikQuote and you must not otherwise provide details of any related login or access information to anyone else, for any reason.

5. Changes To These Terms

5.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

6. Updating KwikQuote And Changes To The Service

6.1 From time to time we may automatically update KwikQuote and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

7. If Someone Else Owns The Device You Are Using

7.1 If you use or access KwikQuote from any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

8. Licence Restrictions

8.1 You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, KwikQuote or the service it provides in any form, in whole or in part to any person without prior written consent from us;
  • not copy KwikQuote or the related service that it provides;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of KwikQuote, nor permit KwikQuote or any part of it to be combined with, or become incorporated in, any other programs;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of KwikQuote or the service it provides nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by KwikQuote.

9. Acceptable User Restrictions

9.1 You must:

  • not use KwikQuote in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into KwikQuote, any service it provides or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of KwikQuote, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of KwikQuote or any service it provides;
  • not use KwikQuote in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any service we provide or our systems or attempt to decipher any transmissions to or from the servers running KwikQuote.

10. Indemnity

10.1 You agree to indemnify Aanco (UK) Limited trading as Made for Trade against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Aanco (UK) Limited trading as Made for Trade arising out of or in connection with any breach of this agreement.

11. Intellectual Property Rights

11.1 All intellectual property rights in KwikQuote throughout the world belong to us (or our licensors) and the rights in KwikQuote are licensed (not sold) to you. You have no intellectual property rights in, or to, KwikQuote other than the right to use it in accordance with these terms.

12. Limitations Of Liability

12.1 KwikQuote is provided for general indicative guidance purposes only. KwikQuote does not provide formal quotations which should be relied upon by you or any third party nor is any quotation capable of acceptance by you. Any quotation generated by KwikQuote merely constitutes an offer by you to purchase goods from us and is subject always to our review and ability to vary, amend or reject. KwikQuote does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained KwikQuote. Although we make reasonable efforts to update the information provided or quotations generated by KwikQuote, we make no representations, warranties or guarantees, whether express or implied, that such information or quotation is accurate, complete or up to date. Our liability under or in connection with KwikQuote or these terms shall be limited to the amount we charge you for the provision of access to KwikQuote, i.e. £zero, which shall apply for each and every claim. This limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

12.3 Please back-up content and data used with KwikQuote. We recommend that you back up any content and data used in connection with KwikQuote, to protect yourself in case of problems with KwikQuote.

13. We May End Your Right To Use KwikQuote

13.1 We may suspend, withdraw or terminate your use of or access to KwikQuote immediately at any time without any reason and whether or not you have broken these terms in a serious way.

13.2 If we end your rights to access or use KwikQuote:

  • You must stop all activities authorised by these terms, including your use of KwikQuote and its related services.

You must immediately destroy all copies of material generated by KwikQuote which you have and confirm to us that you have done this.

14. We May Transfer This Agreement To Someone Else

14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You need our consent to transfer your rights to someone else

14.3 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

15. No Rights For Third Parties

15.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

16. If A Court Finds Part Of This Contract Illegal, The Rest Will Continue In Force

16.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

17. Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later

17.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

18. Which Laws Apply To This Contract And Where You May Bring  Legal Proceedings

18.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

 

 

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