Welcome to the website www.quoteswanted.org (referred herein to as the "Site"), a social
enterprise of FHH INTERNATIONAL INC. (referred herein to as "FHHi",
“we” or “us”). Capitalized terms used but
not otherwise defined in these terms of use (the “Terms of Use”) have the
respective meanings ascribed to such terms in the “How It Works” page. The Terms of Use was last updated on March 6, 2011.
1. Acceptance of Terms
By using the Site you agree to
abide by these Terms of Use. The Terms of Use describes your responsibilities
and limits our liability, among other things. We reserve the right, at our discretion, to
change, modify, add, or remove portions of the Terms of Use at any time and you are advised to periodically check the
Site for changes in the Terms of Use. Your continued use of the Site following
the posting of changes to the Terms of Use constitutes your acceptance of those
changes.
2. Terms Applicable to Specific Users
If you are a Consumer
In using the Site, you acknowledge and agree that FHHi is not your agent
or advisor. It is entirely up to you to enter into a direct contract or
otherwise reach an agreement with a Service Provider. It is your sole
responsibility to interview, negotiate with and potentially select a Service
Provider.
FHHi does not recommend or endorse any specific Service Provider, nor
does FHHi screen, verify or validate any Service Provider's credentials. We make no guarantees, representations or
warranties regarding the quality, competency or skill of any Service Provider you
may retain pursuant to your use of the Site or the outcome or quality of the
services that a Service Provider may perform for you if you elect to retain
their services. It is your sole responsibility to verify any and all claims of
skill, experience, insurance and/or professional licenses by a Service Provider
with the appropriate monitoring and/or regulatory entities. Any misstatements and/or misrepresentations
regarding the background, experience or skill of any Service Provider are not
the responsibility of FHHi.
In the event that you have a dispute with a Service Provider, your
recourse is pursuant to whatever agreement you enter into with that Service
Provider directly. You hereby release FHHi
(and our directors, officers and employees) from any damages or claims
(including, without limitation, consequential and incidental damages) of every
kind or nature arising out of or in any way connected with such disputes and
your dealings with a Service Provider.
You agree not to use the Site fraudulently or for any illegal activity. All Sales Leads posted must be genuine and
accurate at the time of posting. You further agree to update the posting
immediately following any changes in your needs.
Service Providers purchase your Sales Leads with the expectation that
they will have an opportunity to provide you with a quotation for the service
you require. You hereby agree to: (a) meet
in person or speak by telephone with each Service Provider that purchases your
Sales Lead when it contacts you; (b) fully discuss your service requirements
with each such Service Provider; and (c) review their quotation for the
services you require.
You are under no obligation to meet, discuss your needs or review a
quotation from a Service Provider that has purchased your Sales Lead if the
Service Provider fails to contact you within one (1) week of the date it
purchases your Sales Lead.
You agree to log into the Site and rate the performance of the Service Provider
within one (1) week of the services being provided to you. You further agree that your performance
rating and comments will be, in your estimation, fair and accurate, and will
not be used in an unlawful or unethical manner against any Service Provider. After completing the registration process,
you can post your Sales Leads for any non-emergency service need. You agree to allow FHHi to set and change the
prices of Sales Leads at it sole discretion. We do not guarantee that your Sales Lead will be purchased by a minimum
number or any number of Service Providers.
Donations
generated pursuant to the purchases of your Sales Leads will
be disbursed quarterly to your selected NPOs by Electronic Funds
Transfer. You agree that should your
selected NPO no longer be eligible to receive donations
generated by your
Sales Leads being purchased, such donations that would otherwise
go to the NPO will be placed into a general fund to be distributed by
FHHi to other NPO’s at FHHi’s sole discretion.
We may monitor ratings, comments, and general usage of the Site and
reserve the right to remove any registered Consumer not adhering to the Terms
of Use.
If you are a Service Provider
You are able to Access Sales Leads and purchase them if you have
successfully completed the registration process and paid your annual fees.
FHHi does not recommend or endorse any specific Service Provider,
provide advice to Consumers on which Service Provider to select, or screen,
verify or validate any Service Provider's credentials.
FHHi does not screen, censor or verify the accuracy of posted Sales
Leads. Although the Site requires
Consumers to give each Service Provider who has purchased their Sales Leads an opportunity
(in person or by telephone call) to discuss the Consumers’ requirements and to review
the Service Provider’s quotations, FHHi does not guarantee that Consumers will actually
fulfill their meeting obligations. As a
portion of amounts paid for Sales Leads are distributed to NPOs, FHHi
will not provide refunds but will offer credit towards future purchases of
Sales Leads should an FHHi investigation determine that a Consumer breached its
obligation to meet with a Service Provider that has purchased the Consumer’s
Sales Lead.
FHHi does not guarantee that you will be retained by any Consumer whose
Sales Lead you have purchased.
You agree not to buy Sales Leads on behalf of other service providers or
to assign/resell your purchased Sales Leads to other service providers.
You agree that a Consumer is not obligated to meet with you or to review
your quotation should you fail to contact the Consumer within one (1) week of
purchasing its Sales Lead.
We may monitor ratings, comments, and general usage of the Site and
reserve the right to remove any registered Service Provider not adhering to the
Terms of Use.
If you are a Non-Profit Organization
It is Consumers alone who select NPOs to receive at least 50% of the
proceeds from the sale of Sales Leads. We do not influence Consumers in their
selections and we do not guarantee that you will be selected by any Consumer to
receive the related donations. It is up
to you to use your communication channels to influence, encourage and motivate
your supporters and the public to select your organization when they use the
Site.
We will remove your NPO from the online listing if you lose your
status as a non-profit organization or if you are viewed by any Western
Government as being involved in terrorism, mental, emotional or physical
torture/mutilation, discrimination on the basis of gender, race, religion,
sexual-orientation, age, ethnicity, language or nationality.
You acknowledge that in order to minimize administrative costs, FHHi
disburses donations on a monthly basis and accumulates donations until they
reach a minimum of CAD $200 before disbursement. You acknowledge that in the event your NPO
is terminated or becomes ineligible to receive donations, your NPO will
not be entitled to donations allocated to you by Consumers and that the
donations will be placed in a general fund which will be distributed to other NPOs
as determined by FHHi.
We use Electronic Funds Transfer services to disburse donations and you
acknowledge and agree that you will not be eligible to receive donations unless
you provide all necessary banking information as part of your registration.
Unless a Consumer specifically provides consent that his/her personal
information may be disclosed to you, we will not disclose the name or any
personal information of a Consumer who has selected your NPO to receive
a donation in connection with the purchase of his/her Sales Lead.
We may monitor ratings, comments, and general usage of the Site and
reserve the right to remove any registered NPO not adhering to the
Terms of Use.
3. Passwords and Security
During the registration process, you will select a password and answer a
security question. You are responsible for maintaining the confidentiality of your
login credentials (user ID, password and security-question and answer), and are
fully responsible for all activities that occur under your user name and
password. You agree to: (a) immediately notify FHHi of any unauthorized use of
your user name and password or any other breach of security; and (b) ensure
that you exit from your account at the end of each session. FHHi will not be liable for any loss or
damage arising from your failure to comply with this Section.
FHHi grants you a personal, non-transferable and non-exclusive right and
license to use the Site by accepting your completed application to be a
registered Consumer, Service Provider or NPO, as the case may be. You
agree not to provide any other individual access to www.quoteswanted.org via your login
information.
4. Registrant Conduct
You understand that all information, data, text, software, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person who submitted such Content. You agree that you are solely responsible
for all Content that you upload, post, e-mail, transmit or otherwise make
available via the Site. FHHi does not
control the Content posted via the Site and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will FHHi
be liable in any way with respect to any Content provided by you or other users
of the Site, including, but not limited to, errors or omissions in any Content,
loss or damage of any kind incurred as a result of the use of any Content
posted, e-mailed, transmitted or otherwise made available via the Site.
You may not use the Site in any manner to post, or otherwise transmit
any material or information which: (a) is libelous, obscene, violent,
scandalous, discriminatory or defamatory; or (b) in any other manner
contravenes applicable statutes, laws, rules, orders, regulations, by-laws or
other legal requirements.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Site, use of the Site, or access to
the Site.
5. Indemnity
You agree to indemnify and hold FHHi, and its directors, officers and
employees harmless from any liability, claim or demand, including reasonable
legal fees, due to or arising out of: (i) Content you submit, post, transmit or
make available through the Site; (ii) your violation of the Terms of Use; and
(iii) your conduct or misconduct in dealings with other users of the Site.
6. Modifications to the Site
FHHi reserves the right at any time and from time to time, to modify or
discontinue, temporarily or permanently, the Site (or any part thereof) with or
without notice. You agree that FHHi shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site.
7. Termination of Account
You
agree that FHHi, in its sole discretion, may at any time terminate
your account and password (or any part thereof) or use of the
Site, and remove
and discard any Content you upload to the Site for any reason,
including,
without limitation, a determination by FHHi, in its sole
discretion, that you have
violated or acted inconsistently with the letter or spirit of
the Terms of Use. The limitations and disclaimers of representations
and warranties, the indemnity obligations, and the provisions of
governing law,
jurisdiction and venue shall survive any such termination.
8. Dealings with Advertisers
Your dealings with advertisers found on or through the Site, are solely
between you and such advertiser. You agree that FHHi shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Site.
9. Links
The Site contains links to third-party websites that are not under the
control of FHHi. FHHi makes no
representations whatsoever about any other website to which you may have access
through the Site. FHHi provides these links merely as a convenience and the
inclusion of such links does not imply that FHHi endorses or accepts any
responsibility for the content or uses of such websites.
10. Trade-marks
and Copyright
All of the names, titles, logos, and designs on the Site
identifying our products and brands, including any derivative and related
names, titles, logos and designs, are trade-marks and the sole and exclusive
property of FHH Enterprises Inc. All other names, titles, logos and designs
appearing on the Site are the property of their respective owners.
The Site contains copyrighted material, trade-marks and other proprietary
information, including, but not limited to, text, photographs, graphics,
images, illustrations, audio, video and software (collectively, the
"Material") and the entire contents of the Site also are protected by
copyright as a collective work and/or compilation under applicable copyright
laws and international conventions. We own the copyright in the Material
original to us and in our selection, coordination, arrangement and enhancement
of the Material.
Other than as set out in these Terms of Use, no Material may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any
way without our express written consent
11.
Ratings, Comments, Feedback, Rebuttals and Testimonials
We collect
ratings from Consumers about the performance of Service Providers, as well as
any rebuttals of Service Providers. We
also collect general feedback and testimonials from users of the Site through e-mails
and our “Contact Us” form. By providing
such information to us, you consent to our use, publication and/or distribution
of such information with no compensation to you, and if you are a Service
Provider, you acknowledge that all such ratings and reviews are solely owned by
FHHi, and you consent to the publication of ratings and reviews about your
business.
You hereby agree that any information submitted by you in
any rating, comment, feedback, rebuttal or testimonial will be factually accurate
to the best of your knowledge.
Ratings, comments, feedback, rebuttals and/or testimonials
represent the sole opinion of Consumer or Service Provider, as the case may
be. If FHHi determines that a Consumer has submitted
a false or misleading rating, comment, feedback and/or testimonial, FHHi
reserves the right to delete the rating, comment, feedback
and/or testimonial and reject subsequent submissions from that Consumer. FHHi does not
assume any responsibility for the accuracy or completeness of any rating, comment,
feedback and/or testimonial. It is the
responsibility of the Site's users to evaluate for themselves the accuracy,
completeness and/or usefulness of any rating, comment, feedback, rebuttal
and/or testimonial found on the Site.
FHHi reserves the right to monitor ratings, comments,
feedback, rebuttals and/or Testimonials and edit submissions by Consumers and
Service Providers to ensure compliance with the Terms of Use and any applicable
laws. FHHi further reserves the right to paraphrase or otherwise edit any
comment, feedback, rebuttal and/or testimonial.
Material and content published in a rating, comment, feedback,
rebuttal and/or testimonial on the Site are the sole responsibility of the submitting
Consumer or Service Provider, as the case may be. FHHi reserves the right to deny requests to remove any rating, comment,
feedback, rebuttal and/or testimonial from the site including a Consumer or
Service Provider’s profile information.
Under no circumstances will FHHi be liable in any way for any material and
content, including but not limited to, any errors or omissions in any material
and content, or for any loss or damage of any kind incurred as a result of the
use of or reliance upon the material and content published in any rating, comment,
feedback, rebuttal and/or testimonial.
12. Service Provider Subscription Fees and Registration
Although Consumers and NPOs may register to use the Site
without charge, Service Providers who wish to use the Site must pay applicable
annual fees. We reserve the right, at
any time, to change any fees or charges for using the Site.
To become a user of the Site, you must register with the Site. When and if you register to become a user, you
agree to provide accurate, current and complete information about yourself and/or
your organization as prompted by our registration form, and to maintain and
update your information to keep it accurate, current and complete. You agree that we may rely on your registration
information as accurate, current and complete. You acknowledge that if your registration information is inaccurate, not
current or incomplete in any respect, we reserve the right to terminate your
use of the Site and, in such event, you shall not be entitled to a prorated refund
of any applicable fees.
13. Referrals
Any registered Consumer or Service Provider Business can further
register to become a Referral Agent. A Referral Agent will be paid a one-time
percentage of the initial registration fee paid by a Service Provider referred
to the Site by the Referral Agent. If
you become a Referral Agent, you are responsible for reporting any income
received by you as a Referral Agent to your relevant taxing authorities.
FHHi reserves the right to terminate you as a Referral
Agent at any time, for any reason, including non-performance and/or
misrepresentation of our service, effective upon sending an e-mail notice to you.
Termination as a Referral Agent will not result in the termination of your
account with the Site unless the Terms of Use is otherwise violated.
14. Capacity
The Site is only available to individuals and entities who have the
legal capacity to enter into binding legal agreements with Consumers or Service
Providers, as the case may be. By
registering as a Consumer or Service Provider, as the case may be, you
represent and warrant to FHHi that you have the legal capacity to enter into
legally binding agreements with Consumers or Service Providers, as the case may
be.
15. Term and Termination
The Terms of Use will remain in full force and effect while you use the Site
and/or are a registered Consumer, Service Provider or NPO, as the case
may be. You may terminate your registration
at any time by way of e-mail to info@fhhi.org. FHHi may terminate your registration by disabling your profile, at any
time, for any reason, with or without explanation, effective upon sending an
e-mail notice to you. In the event that FHHi
terminates your registration and you are not in breach of these Terms of Use,
FHHi will return to you the prorated portion of your applicable annual
registration fees already received. In the event that: (a) you terminate your registration;
or (b) FHHi determines, in our sole discretion that you have breached your
obligations under the Terms of Use, you shall not be entitled to nor shall we
be liable to you for any refund of any unused portion of any registration fees we
have received from you, and we may continue to bar your use of the Site in the
future.
16. Disclaimer
The Site acts as a venue where Consumers can post Sales Leads and Service
Providers may search for and purchase such Sales Leads.
There may be risks, including but not limited to risk of physical harm
of dealing with strangers, underage persons or people acting under false
pretences. You assume all risks
associated with dealing with other users with whom you come in contact through
the Site.
As user authentication on the Internet is difficult, FHHi cannot and
does not confirm that any user is who it/he/she claims to be. As FHHi does not and cannot be involved in
user-to-user dealings or control the behaviour of users of the Site, in the
event that you have a dispute with one or more users, you hereby release FHHi and
its officers, directors and employees from any and all claims, demands and
damages of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
While FHHi makes reasonable commercial efforts to ensure that the Site does
not contain computer viruses, FHHi does not warrant that the Site and its
server(s) are free of computer viruses and other harmful material. You should take reasonable and appropriate
precautions to scan for computer viruses and should ensure that you have a
complete and current backup of the applicable items of information contained on
your computer system.
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FHHi MAKES NO
WARRANTY THAT (i) THE SERVICES PROVIDED BY THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY SERVICES
PROVIDED BY SERVICE PROVIDERS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO
THE EXTENT PERMISSIBLE BY ANY APPLICABLE LAWS, ANY IMPLIED WARRANTIES THAT
CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
IN NO EVENT WILL FHHi BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF
PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES
LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER
PARTY. IF YOUR USE OF THE CONTENT ON
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF.
17. Governing Law and Jurisdiction
The Site is controlled by FHHi from its offices within the Parish of St.
Michael, Barbados. By accessing the Site, you and FHHi agree that the statutes
and laws of the Parish of St. Michael, Barbados, without regard to the
conflicts of laws principles thereof, shall govern all matters relating to your
access to, or use of, the Site and any Materials or Services. You and FHHi also
agree and hereby submit to the exclusive personal jurisdiction and venue of the
Superior Court of Barbados with respect to such matters.