Quotelyfy Terms and Conditions

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the quotelyfy.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Pricing, Promotions, Specials and Subscription Fees

From time to time, the Operator may offer promotional pricing, discounts, special offers, introductory rates, limited-time campaigns, or other pricing incentives ("Promotions"). Any Promotion is offered at the Operator's sole discretion and may be amended, extended, withdrawn, or terminated at any time.

Promotional pricing does not constitute a permanent price and does not create any right or expectation that such pricing will remain available for any specific period. Unless expressly stated otherwise in writing, subscribers who join during a Promotion are not guaranteed continued access to the promotional rate for the duration of their subscription.

The Operator reserves the right to amend, increase, decrease, or otherwise change any subscription fees, pricing structures, packages, features, or charges at any time. Such changes may apply to new subscribers, existing subscribers, or both, as determined by the Operator.

While the Operator may, at its discretion, provide advance notice of pricing changes, the Operator is not obligated to do so unless required by applicable law. By subscribing to or continuing to use the Services, you acknowledge and agree that subscription fees and pricing may change from time to time, including where you originally subscribed under a promotional or discounted rate.

Any pricing displayed on the Platform is subject to change without notice and should not be regarded as a guarantee of future pricing.

User content

We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

4. Electronic Documents, Acceptances and Signatures

4.1 Scope

The Services may enable customers and other users (“Business Users”) to create, upload, send, receive, view, download, approve, reject, accept or electronically sign proposals, quotations, orders, agreements, terms and conditions, attachments and other records (collectively, “Electronic Documents”).

This section applies to all current and future Quotelyfy features that facilitate electronic documents, confirmations, approvals, acceptances or signatures.

4.2 Quotelyfy’s role

Quotelyfy provides technology that enables interactions between Business Users and their customers, suppliers, employees, representatives or other recipients (“Recipients”).

Unless expressly stated otherwise, Quotelyfy:

• is not a party to any Electronic Document or underlying transaction;
• does not act as an agent, legal adviser, witness, commissioner of oaths, notary, authentication authority, escrow agent or guarantor for any user;
• does not draft, negotiate, review, approve or verify Electronic Documents; and
• does not determine or guarantee the rights, obligations, identity, authority or performance of any party.

Any agreement formed through the Services is solely between the relevant Business User and Recipient.

4.3 Responsibility for documents and transactions

The Business User is responsible for ensuring that:

• every Electronic Document is accurate, complete, lawful and not misleading;
• it has the necessary rights and authority to upload, reproduce, distribute and use the document and its contents;
• the correct Electronic Document and attachments are sent to the correct Recipient;
• all referenced or incorporated documents are clearly identified and made available to the Recipient before acceptance;
• all required notices, disclosures, permissions and consents are obtained;
• any personal or confidential information is collected, shared and processed lawfully;
• the chosen acceptance or signature method is appropriate for the relevant transaction; and
• the underlying goods, services, payments, deliveries, refunds and contractual obligations are fulfilled.

Recipients are responsible for reviewing the complete Electronic Document, including its attachments and incorporated terms, before taking any action. Users should obtain independent professional advice where necessary.

4.4 Electronic actions and authority

A person who selects “Accept”, “Approve”, “Confirm”, “Sign” or a similar option, applies an electronic signature or otherwise submits an electronic action through the Services represents that:

• they are the intended Recipient or are authorised to act for the intended Recipient;
• they have the legal capacity and authority required to take that action;
• they have had an opportunity to access and review the applicable Electronic Document;
• they intend their action to constitute an electronic approval, acceptance or signature; and
• the information submitted by them is accurate.

Business Users remain responsible for verifying the identity, capacity and authority of their Recipients. Quotelyfy may rely on actions performed through valid accounts, email links, access codes or other authentication methods, but does not independently guarantee the identity or authority of the person performing an action.

4.5 Transaction-specific formalities

The Services are not necessarily suitable for every type of document or transaction. Users are responsible for determining whether a document requires an advanced electronic signature, handwritten signature, witnessing, notarisation, certification, registration or any other legal formality.

Unless Quotelyfy expressly confirms that a particular method is supported, users must not rely solely on the Services for documents or transactions excluded from electronic-signature legislation or subject to special formalities. These may include agreements for the sale of immovable property, certain long-term leases, wills and codicils, bills of exchange and other legally restricted documents.

Quotelyfy does not warrant that a particular Electronic Document, acceptance or signature will be legally valid, enforceable or admissible in every jurisdiction or circumstance.

4.6 Electronic records and audit information

Where supported by the applicable feature, Quotelyfy may generate and retain records relating to an Electronic Document or action, including:

• document versions and identifiers;
• names, email addresses and account information;
• dates and times;
• delivery, access, viewing, acceptance and signing events;
• IP addresses and device or browser information; and
• available authentication and transaction information.

These records may be used to operate and secure the Services, provide support, investigate suspected misuse, maintain an audit trail, comply with legal obligations and assist with disputes, subject to Quotelyfy’s Privacy Policy and applicable law.

Such records may provide evidence of an electronic action but do not, by themselves, guarantee a person’s identity, authority, understanding, intention, receipt of a document or the enforceability of the underlying transaction. Business Users and Recipients should download and retain copies of important Electronic Documents.

4.7 Content monitoring and restrictions

Quotelyfy is not obliged to review or monitor Electronic Documents. However, Quotelyfy may restrict access to, suspend or remove a document or related feature where it reasonably suspects illegality, fraud, infringement, abuse, a security risk or a breach of these Terms.

4.8 Underlying disputes and limitation of liability

The Business User and Recipient are solely responsible for the interpretation, performance, enforcement, cancellation and resolution of disputes relating to their Electronic Documents and underlying transactions.

To the fullest extent permitted by law, Quotelyfy is not responsible for:

• the content, accuracy or legality of an Electronic Document;
• the acts, omissions, representations or obligations of a Business User or Recipient;
• unauthorised or fraudulent acceptance or signing;
• incorrect Recipient information;
• the validity or enforceability of an underlying agreement;
• payment, non-payment, delivery, non-delivery, refunds or the quality of goods or services; or
• losses arising from a user’s failure to comply with applicable legal formalities.

This clause must be read together with the general limitation-of-liability provisions in these Terms. Nothing in these Terms excludes any statutory right or liability that cannot lawfully be excluded, including liability for gross negligence where applicable.

4.9 Indemnity

To the fullest extent permitted by law, each Business User indemnifies Quotelyfy and its directors, employees and service providers against third-party claims, losses, liabilities, penalties and reasonable costs arising from:

• an Electronic Document uploaded, created or distributed by that Business User;
• the Business User’s underlying transaction with a Recipient;
• a failure to obtain the necessary authority, consent, licence or permission;
• unlawful or infringing content;
• a breach of data-protection or consumer-protection requirements; or
• a breach of this section.

This indemnity does not apply to the extent that a loss results from Quotelyfy’s gross negligence, wilful misconduct or other liability that cannot lawfully be limited or excluded.

Opt-in AI features

Some Quotelyfy features may include optional AI assistance. These features are provided on an opt-in basis only, which means you choose whether to enable them inside the product.

If you enable an AI feature, you grant Quotelyfy permission to use the relevant parts of your Quotelyfy data, such as order, invoice, and VAT-related information, strictly for the purpose of generating the requested response inside the app.

We may change, improve, limit, or withdraw AI functionality over time. AI responses are intended to assist you, but you remain responsible for reviewing important business, accounting, tax, and legal decisions before relying on them.

WhatsApp Bot and WhatsApp Number

We have a WhatsApp number, which you can message and receive notifications. By using Quotelyfy, you will automatically receive WhatsApp notifications as and when you add/update your cellphone or when our automated messaging systems trigger WhatsApp-bound notification services. By registering and/or activating or calling Quotelyfy APIs for purposes of activating or registering an Account with Quotelyfy, you automatically "opt-in" for our WhatsApp related services.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for any obscene or immoral purpose;
• (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Disclaimer of Warranties

Subject to any rights that may not lawfully be excluded, restricted or limited under applicable law, including the Consumer Protection Act 68 of 2008 where applicable, the Platform and Services are provided on an "as is" and "as available" basis.

Quotelyfy makes no representations, warranties, guarantees or undertakings of any kind, whether express, implied, statutory or otherwise, regarding the Platform, Services, content, integrations, outputs, reports, calculations, suggestions, recommendations, automations, AI-generated content, or any information made available through the Platform.

Without limiting the generality of the foregoing, Quotelyfy specifically disclaims any warranty that:

• (a) the Platform or Services will be continuously available, uninterrupted, secure, timely or error-free;
• (b) any defects, bugs, inaccuracies or errors will be identified or corrected;
• (c) the Platform, Services, servers or third-party integrations are free from viruses, malware or other harmful components;
• (d) any quote, estimate, calculation, recommendation, pricing suggestion, AI-generated output, report or other information generated through the Platform will be accurate, complete, reliable, suitable for a particular purpose or free from errors;
• (e) the Platform or Services will meet your specific business requirements, expectations or objectives; or
• (f) any third-party service, integration, payment provider, accounting platform, banking provider, communication provider or external system connected to the Platform will remain available, compatible or operational.

You acknowledge and agree that any quote, estimate, recommendation, AI-generated content, business insight, automation, calculation or other output generated through the Platform is provided for assistance purposes only. You remain solely responsible for reviewing, verifying and approving all information before relying on it or providing it to your customers, suppliers, employees or any third party.

No information, advice or communication obtained from Quotelyfy, whether written, oral, electronic or otherwise, shall create any warranty or obligation not expressly stated in these Terms.

Your use of the Platform and Services, and your reliance on any information or output generated through the Platform, is entirely at your own risk.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Entire Agreement, Assignment, Waiver and Severability

These Terms and Conditions, together with the Privacy Policy and any other policies, notices, guidelines or agreements expressly incorporated by reference, constitute the entire agreement between you and Quotelyfy regarding your access to and use of the Platform and Services, and supersede all prior or contemporaneous discussions, communications, representations, understandings and agreements, whether oral or written, relating to the same subject matter.

You may not assign, transfer, delegate or otherwise dispose of any of your rights or obligations under these Terms without Quotelyfy's prior written consent. Any attempted assignment in contravention of this provision shall be void.

Quotelyfy may assign, transfer, delegate or otherwise dispose of any of its rights and obligations under these Terms at any time, including as part of a merger, acquisition, restructuring, sale of assets, or other corporate transaction.

Any failure by Quotelyfy to exercise or enforce any right, remedy or provision of these Terms shall not constitute a waiver of such right, remedy or provision, nor shall it prevent Quotelyfy from exercising that right, remedy or provision at a later time.

If any provision of these Terms is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law and the remaining provisions shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of South Africa without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of South Africa. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in South Africa, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Refunds

If 15 days have gone by since your purchase of or subscription to any Services, we unfortunately cannot offer you a refund.

Any request for a refund shall be reviewed by Quotelyfy on a case-by-case basis and if it is approved, then your refund will be processed and refunded to you.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Business Listing

1. Acceptance of Terms

By creating a business listing or asking us to create one on our platform (“the Platform”), you (“the Business" or “you”) agree to these Terms & Conditions. If you do not agree, you must not create or maintain a listing.

2. Eligibility

You must be an authorized representative of the business being listed and have the right to share its information publicly. You must be at least 18 years of age.

3. Business Information

You are responsible for ensuring that all information provided in your listing is accurate, lawful, and up to date. We reserve the right to edit, suspend, or remove listings that are incomplete, misleading or any other reason whatsoever, or violate these Terms.

4. Content Ownership

You retain ownership of the content you provide. However, by submitting your listing, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and promote your listing as part of the Platform and related marketing.

5. Prohibited Content

You may not post content that:

• Is false, misleading, defamatory, or deceptive.
• Infringes on another party’s rights (including intellectual property).
• Promotes illegal, harmful, or discriminatory activity.
• Contains malicious code, spam, or unauthorized advertising.

6. Reviews and Ratings

If your listing allows public feedback, you acknowledge that user reviews and ratings are opinions of third parties and not controlled by us. We may moderate but do not guarantee removal of any specific review.

7. Fees and Payments

Some listing or promotional features may be paid. Fees are displayed at checkout or in your business dashboard and are non-refundable unless required by law.

8. Termination and Removal

We may suspend or remove your listing at any time if it violates these Terms, applicable laws, or harms the integrity of the Platform. You may delete or ask us to delete your listing at any time.

9. Limitation of Liability

We provide the Platform “as is” and make no guarantees regarding visibility, leads, or performance. We are not liable for any loss, damage, or claim arising from the use of your listing or user interactions.

10. Privacy

Your business and personal data are handled according to our Privacy Policy. By creating a listing, you consent to our processing of this information as described there.

11. Changes to Terms

We may update these Terms from time to time. Continued use of your listing after changes means you accept the updated Terms.

Online Payments

Role of Our Platform

Our platform provides tools that allow businesses ("Service Providers") to accept online payments from their customers. We do not handle, control, or take responsibility for the agreements, services, products, or outcomes between the Service Provider and their customer. All transactions are strictly between those two parties.

Liability for Transactions

We are not liable for any loss, dispute, failed delivery, service issues, or disagreements arising from payments made between a customer and a Service Provider. Each Service Provider is fully responsible for fulfilling their own orders and obligations.

Third-Party Fees and Charges

Online payment processing is handled by third-party providers (such as Paystack). Their fees, charges, and rules may change at any time. While we do our best to keep our calculations, displays, and fee estimates accurate and up to date, all amounts shown are subject to change without notice.

Disputes and Chargebacks

Any payment-related disputes, chargebacks, or errors will be assessed on a case-by-case basis. We commit to handling all matters with honesty, integrity, and fairness, but final decisions may depend on third-party payment provider policies.

Platform Fees and Deductions

If our platform charges fees (including platform commissions, subscription fees, or split-payment deductions), these will be clearly shown where applicable. By using online payments, you agree that these fees may be automatically deducted.

Security and Compliance

We rely on third-party payment processors who follow industry-standard security and compliance requirements. However, no system is perfect, and we cannot guarantee uninterrupted or error-free payment services.

User Responsibility

Service Providers are responsible for ensuring the accuracy of their banking details, pricing, invoices, and customer information. Incorrect or fraudulent information may lead to payment delays, failed transfers, or account restrictions.

Payment Processing and Settlement

The Platform uses third-party payment service providers to process payments, subscriptions, renewals, refunds, and related payment transactions. By using the Platform, you acknowledge and agree that payment processing services are provided by independent third parties and are subject to their respective terms, policies, operational procedures, processing times, security requirements, and settlement schedules.

While the Operator endeavours to work with reputable payment service providers, the Operator does not control and cannot guarantee the availability, performance, processing times, settlement times, uptime, or continued operation of any payment provider.

Payments successfully processed through the Platform may not become available to the Operator immediately. Settlement of funds is subject to the policies and procedures of the applicable payment provider and financial institutions involved in the transaction. Based on the payment provider's published settlement schedule, settlement typically occurs within approximately two (2) to three (3) business days; however, actual settlement times may vary and may be longer due to weekends, public holidays, banking delays, compliance reviews, fraud prevention measures, technical issues, provider operational requirements, or other factors outside the Operator's control.

The Operator shall not be liable for any delay, interruption, failure, withholding, reversal, chargeback, investigation, suspension, or other action taken by a payment provider, acquiring bank, card network, financial institution, regulatory authority, or any other third party involved in the processing or settlement of payments.

The Operator reserves the right to change, replace, add, or remove payment providers and payment methods at any time without prior notice.

By using the Platform, you acknowledge and accept that payment processing and settlement are dependent upon third-party providers and that the Operator makes no representation, warranty, or guarantee regarding the timing of payment processing or settlement.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.