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TERMS AND CONDITIONS
This Agreement together with your Broker/Agent Order sets forth the Standard Terms and Conditions that apply to your use of LeadsNow.com.au services. The Broker/Agent Order you completed in conjunction with your account activation is a part of this Agreement and is incorporated herein by this reference as though fully set forth herein.
Terms and conditions for use of leadsnow.com.au services, receipt of consumer contact information and for use of the leadsnow.com.au website.
By visiting or using the LeadsNow.com.au website, or any page of the LeadsNow.com.au Website, you are agreeing to be bound by these Terms and Conditions, and that such agreement constitutes a binding contract between you and leadsnow.com.au. If you do not wish to be bound by these terms and conditions, please do not visit or use the leadsnow.com.au website or any page of the leadsnow.com.au website.
Definitions: For the purposes of this Agreement, the terms set forth below shall have the following meanings:
1. "Agreement" refers to this Terms and Conditions Agreement and your Broker/Agent Order
2. "Broker/Agent Order" shall mean one or more separate documents governed by this Agreement specifying the parameters of the Leads, including the Fees for obtaining and using such Leads, made available to Broker/Agent and in accordance herewith;
3. "you" and "yours," refer to you, a visitor/user to the LeadsNow.com.au website, as well as anyone you authorise to visit and use the LeadsNow.com.au website on your behalf;
4. "LeadsNow.com.au," "us" "we," and "our" and "ours" refer to Varcity Solutions Pty Ltd and any affiliates of LeadsNow.com.au whose products or services are offered on the LeadsNow.com.au website;
5. "LeadsNow.com.au.com website" refers to the website located at www.LeadsNow.com.au. and related pages, or any linked pages and websites hosted or sponsored by LeadsNow.com.au;
6. "Consumer" shall mean an individual seeking a mortgage loan quote or service whose personally identifiable information is the subject of a Lead;
7. "Lead" shall mean a mortgage loan request or homeowner enquiry generated via lawful means either through traditional media, internet or telemarketing campaigns whether conducted by or on behalf of LeadsNow.com.au or purchased from wholesale vendors and thereafter provided to Broker/Agent;
8. "Duplicate Lead" shall mean a Lead that has been received by a Broker/Agent from LeadsNow.com.au within the previous thirty (30) days from a Consumer identified by the same first and last name, address, email address or phone number;
9. "Valid Lead" shall mean a Lead that meets one of the following criteria: (i) the lead does contains a valid name, one valid contact phone number and is not for a Consumer who is subsequently proven to be a victim of identity theft; and (ii) the Lead is not a Duplicate Lead.
10. "Fresh Lead" shall mean a Valid Lead that has entered into the LeadsNow.com.au database and made available for purchase by a Broker/Agent within 3 business days of receipt from any source, regardless of the age of the data within the lead itself.
11. "Invalid Lead" shall mean a Lead that meets one of the following invalidation criteria: (i) the lead does not contain a valid name and one valid contact phone number; (ii) the Lead is a Duplicate Lead, or (iv) the lead is for a Consumer who is subsequently proven be a victim of identity theft;
12. "Auto-Routed" leads are leads that are automatically sent to a Broker/Agent each business day according to unique filtering criteria and lead delivery method(s) established from time-to-time by Broker/Agent;
Privacy Policy
LeadsNow.com.au is committed to maintaining the privacy and security of any and all information that you provide to LeadsNow.com.au through the LeadsNow.com.au.com website. To that end, LeadsNow.com.au urges you to review the LeadsNow.com.au Privacy Policy, which may be accessed by clicking on the following link: Privacy Statement
Please note that privacy policies of LeadsNow.com.au's affiliates or third parties may apply to information you provide on the LeadsNow.com.au.com website. In addition, websites linked to the LeadsNow.com.au.com website may have separate privacy policies.
Use and Limitations of the LeadsNow.com.au.com website
Except where we specify otherwise, LeadsNow.com.au offers you access to the LeadsNow.com.au.com website solely for your personal and non-commercial uses. You promise that you will not use the LeadsNow.com.au.com website, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the LeadsNow.com.au.com website. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other similar activity. You agree that you will not use the LeadsNow.com.au.com website in any manner that could damage, disable, overburden, or impair the LeadsNow.com.au.com website or interfere with any other party's use and enjoyment of the LeadsNow.com.au.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LeadsNow.com.au website.
If and when requested by LeadsNow.com.au, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of LeadsNow.com.au, you agree that you will not access or attempt to access password protected, secure or non-public areas of the LeadsNow.com.au website.
You agree that LeadsNow.com.au may in its sole discretion and at any time terminate your access to and use of the LeadsNow.com.au website, or any part thereof, with or without notice.
The LeadsNow.com.au website contains content and information originated by LeadsNow.com.au, affiliates of LeadsNow.com.au or unaffiliated third parties. LeadsNow.com.au makes available such content and information through the LeadsNow.com.au website as a public service, for the sole purpose of aiding you, the individual Broker/Agent. LeadsNow.com.au, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. This means, for example, that all of the information and materials contained in the LeadsNow.com.au website—including any terms and conditions necessary to obtain a loan or other products or services—are subject to change at any time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final LeadsNow.com.au determination and acceptance.
E-Signatures and Communications
All electronic communications, including any electronic signatures or identifiers of LeadsNow.com.au, are being transmitted solely for informational purposes. Electronic communication or any related or associated electronic media or data, to constitute, or to be deemed to constitute, an electronic signature pursuant to any state or federal law or regulation that authorises the use of electronic signatures.
USER ELIGIBILITY
Our services are only available to principals and employees of duly organized and licensed real estate agents, mortgage brokers or lenders whose licenses are in good standing and who meet our eligibility criteria. LeadsNow.com.au, in our sole discretion, reserves the right to determine the eligibility of Broker/Agent to receive Leads. Our "Eligibility Criteria" shall mean the following criteria as applied to a Broker/Agent:
1. Broker/Agent must be licensed and in good standing as a residential mortgage Broker/Agent in all applicable jurisdictions with all applicable regulatory authorities;
2. Broker/Agent must not engage in, be known to or have a reputation for engaging in, predatory practices or other conduct which violates applicable law, regulations, rules of conduct or ethics codes of Broker/Agents;
3. Broker/Agent must not engage in fraud or unfair competition or practices in violation of privacy and/or anti-spam laws;
4. That neither you nor anyone in your charge engages or condones any prohibited activity(s) or conduct referenced above; and
5. That you are authorised to enter into this Agreement and that the performance of the respective obligations hereunder do not violate any other agreement to which you are a party.
USER CONDUCT and Broker/Agent "Best Practices"
Your acceptance of these terms is your warrant and representation to us that your conduct in performing your obligations under this Agreement will conform to all of the Terms and Conditions set forth herein and all applicable, international and/or federal, state and local laws, rules and regulations including, without limitation, the provisions of the published LeadsNow.com.au Privacy Policy; all privacy laws and anti-spam laws regarding email.
If, after you contact a Lead, and the Consumer requests to be removed from any further contact from you and/or LeadsNow.com.au, you agree to comply with this request for your own records AND you agree to forward that Consumer's request to LeadsNow.com.au via e-mail at leads@LeadsNow.com.au.com within ten (10) business days of your receipt of the request.
Upon the delivery of Leads, You represent, warrant and agree to:
1. Contact the Consumer in a timely fashion;
2. Offer your most competitive rates and terms to the Consumer without regard to payments to LeadsNow.com.au under this Agreement;
3. To not pass through to the Consumer the payments you made to LeadsNow.com.au to obtain the Lead under this Agreement;
4. To offer your highest level of service to the Consumer;
5. That you will not use or disclose any of the Consumer information in violation of any applicable state, federal or local law, rule or regulation (including, without limitation, any applicable privacy laws);
6. That you will not use or disclose any of the Consumer information for any other purpose or use (whether by You or any other person or entity associated with You) other than for You to provide the Consumer a direct quote for a loan or market appraisal, including, but not limited to selling, renting, leasing or transferring the information contained in the Lead to any person or entity other than Broker/Agent or using the information either yourself or through any of Your affiliates or any other person or entity to offer any other products or services or contacting the Consumer for any other reason. If You or anyone affiliated with you breaches any of the provisions in this Section, then (i) You agree to indemnify, defend and hold harmless LeadsNow.com.au for all Claims arising out of or related to such breach in accordance and (ii) LeadsNow.com.au may immediately terminate this Agreement without notice or a right to cure;
7. To respect a prospective borrower's privacy and if received, their demand to be removed from any future contact list by you and to report same to LeadsNow.com.au via e-mail at leads@LeadsNow.com.au.com within ten (10) business days of your receipt of the request;
REGISTERING FOR SERVICE — BROKER/AGENT ORDER
Registration is available to eligible members only. You may only register one time for our service. To register, you must complete a Broker/Agent Order wherein you provide your business contact information, billing information. The Broker/Agent Order is a legally binding contract and is part of this Terms and Conditions Agreement, incorporated herein by this reference as though fully set forth herein. Your user account shall be provisionally activated when LeadsNow.com.au has received your fully executed Broker/Agent Order, and you affirmatively agree to this Terms and Conditions Agreement. Permanent activation will occur only when LeadsNow.com.au. has received confirmation that your initial Block Commitment payment(s) has cleared by your bank or Credit Card Company.
BUYING LEADS
You may only purchase leads once your account has been activated and there are sufficient funds on deposit in your user account to purchase the leads you choose. Your account shall be debited for the cost of the lead(s) you ordered when those leads are available to you for download from your LeadsNow.com.au account regardless of the service level and delivery method you choose. It is your responsibility to manage your own account activity.
Lead costs vary depending on the type and age of lead requested. Regardless of the level of service and type of lead requested, with the exception of your initial Block and volume commitments set forth in your initial Broker/Agent Order, if you decide to buy leads, the price for the leads will be based on the LeadsNow.com.au pricing schedule in effect at the time you buy the leads. Your purchase is a binding contract subject to the guarantee, return, refund policies and other terms set forth in this Terms and Conditions Agreement and in your initial Broker/Agent Order. Your account will be immediately debited for the total initial commitment amount(s) you agreed to in your Broker/Agent Order. After your Initial Commitment is satisfied as set for below, your account will be immediately debited for the total purchase amount based upon the current market price for the leads you accept as stated in the LeadsNow.com.au pricing schedule in effect at the time you buy the leads. Your account shall be debited for the cost of the lead(s) you ordered at the time those leads are made available to you for download through your LeadsNow.com.au account regardless of the service level and delivery method you choose or your actual retrieval of the leads.
FUNDING YOUR ACCOUNT
The Following minimum charges apply:
Initial Volume Commitment Fee: Minimum of $100.00
CONTINUING USER ACCOUNT MINIMUM deposit amount *: $100
* Minimum amount accepted for a deposit made to your user account.
We offer one method by which you may fund your account.
(1) Credit card: Using a credit card to fund your account, you agree to not charge back your card for any reason until you contact us to try and resolve your dispute. If you are dissatisfied with our services or any Lead or Leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under this Terms and Conditions Agreement. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, you will be charged an administrative service fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the Lead purchase fee due for Leads you have received to the date of the chargeback. Your user account balance will not reflect a deposit made until your credit card company has processed your payment into LeadsNow.com.au.'s merchant account. This date may differ from the date you actually authorise your payment.
In any of the above circumstances, you also agree to pay any collection costs and reasonable solicitor fees and court costs should collection action be initiated.
Automated Lead Delivery
A Lead is considered delivered when it is made available to you in your Broker/Agent account and available to you for retrieval, regardless of any supplemental delivery method you may request. For Broker/Agents that LeadsNow.com.au determines meet the technical requirements and operational and funding eligibility criteria, Leads shall be provided to your account pursuant to the parameters defined in your initial Broker/Agent Order and according to the filtering criteria you may from time-to-time select. It is up to you, the broker/agent to set and monitor your delivery criteria. We will not change or alter your settings without your permission.
Leads are delivered to you through our automated delivery system according to the price and filter criteria you choose. Broker/Agent may choose to have Leads automatically retrieved ("Auto-Routed") from your account by our automated lead delivery system and provided to you by email; however, this does not change the delivered status once in your account nor does such an election eliminate your responsibility to check your account on a regular basis to ensure your leads are being retrieved. Auto-Routed Leads are normally delivered throughout the business day, seven days per week, 365 days per year, as they are received into our database and cleared through our quality assurance check. LeadsNow.com.au shall endeavour to make Leads available as soon after submission as is practical given quality assurance testing and lead volume loads experienced. LeadsNow.com.au shall have no responsibility for any service or server outages or failure of Broker/Agent's email system or Internet access.
LEAD CONTENT AND GUARANTEE
Leads are procured from varying commercial resources. LeadsNow.com.au employs internal data validation procedures and makes every effort to ensure you receive only valid leads. These efforts may include a 24 hour lock-down period to phone verify the leads before they are distributed. Nevertheless, as the actual age of the data received may be different than the date LeadsNow.com.au received the lead, occasionally a lead may contain information that, though consistent with our validation criteria, is no longer valid.
We guarantee each Lead to be a valid lead as defined in the "Definitions" section of this Agreement. Leads purchased and determined Invalid will be replaced with a lead of the same.
Data provided within a lead is inputted solely by the Consumer and not LeadsNow.com.au or anyone affiliated with us. Consumers do not submit their contact information directly to LeadsNow.com.au. A lead may come to LeadsNow.com.au from a variety of provider commercial sources only some of which may be owned by us. We do not guarantee the age of the data contained in a lead, the age of the consumer's opt-in request or with whom they originally submitted their opt-in contact information or that the consumer, when contacted, will remember submitting their contact information on an opt-in request. We do not guarantee that their email address is correct or that their stated home value, requested loan amount, credit quality, or interest rate is exactly correct as these are estimates entered by the consumer when completing the application. How you approach and handle each lead is up to you and not under the control of leadsnow.com.au. As such, we do not guarantee your results or that you will close any loans with our leads. Since most of our leads are non-exclusive, the Consumer may have started a loan process with another Loan Officer, so this is not a valid reason for a dispute, refund or credit. Similarly, Consumers often will change their mind after they submit a request for contact and thus may not be willing to apply for a loan with you, so this is not a valid reason for a dispute, refund or credit. We recommend contacting the Consumer as soon as you get the lead so you can be the first to earn their business.
LeadsNow.com.au reserves the right to monitor your disputes and returns to determine their validity. LeadsNow.com.au reserves the right to verify your dispute rationale and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account, no credit will be issued, and a dispute validation penalty will automatically be charged to your account according to the terms set forth in our Lead Return Policy. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute. ABUSE OF THIS RETURN POLICY WILL NOT BE TOLERATED. In the event we determine in good faith that your dispute is without merit according to our lead return policy, in addition to not receiving a credit of the lead cost, your account will automatically be charged a dispute validation fee of $10 for each disputed lead proven to be without merit. In addition to all other remedies under this contract and in law, LeadsNow.com.au reserves the right to terminate your account if abuse of this Lead Return Policy is proven to exist.
LeadsNow.com.au reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms and Conditions Agreement.
DISPUTED LEAD RETURN POLICY: (PLEASE READ CAREFULLY!)
Returning invalid leads couldn't be easier. If any lead provided to you does not contain valid basic contact information as described in the previous guarantee section, within five (5) days of purchase simply go to the "Leads section" after logging into your account at www.LeadsNow.com.au. Then click on Purchased and the View, insert the reason for returning the Lead. Dispute percentages are electronically monitored and limited to a maximum of 15% of your total lead volume for the calendar month. Disputes containing three (3) leads or less from the same batch may be processed electronically unless your account has exceeded the return percentage maximum. Disputed leads in excess of maximum allowable return percentage will require independent quality assurance verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute. Please be patient with this process as this may take several days to complete.
Replacement Leads shall be provided for Invalid Leads, however replacements shall not be provided for Leads where Consumers have elected not to use Broker/Agent's services. The Broker/Agent hereby agrees to notify LeadsNow.com.au in writing (via email to leads@LeadsNow.com.au.com) of any Invalid Leads within five (5) calendar days of their delivery to Broker/Agent, which notice shall specify the invalidation criteria that is not met. Leads may not be returned after five (5) calendar days after delivery. Following LeadsNow.com.au's confirmation of any Invalid Leads, LeadsNow.com.au shall provide replacement Leads. Lead returns of three (3) or less from the same batch can be processes using the automated lead dispute system found on the www.LeadsNow.com.au website. Disputed leads in excess of three (3) leads from the same batch will require customer service verification and manual processing. In such circumstances, you will be provided a name and contact phone number to call to complete your dispute.
LeadsNow.com.au reserves the right to monitor, validate, either electronically or by physical contact to the Consumer, your disputes and returns to determine their validity. LeadsNow.com.au reserves the right to verify your dispute rationale and in our sole discretion, determine if your dispute is valid. In the event your dispute is determined to be without merit, the charge for the valid lead will stand against your account and no credit will be issued. In addition, your account will be charged a dispute resolution fee of $10 for each and every lead you attempted to dispute where such dispute is proven to be without merit. You will be notified via your account report of our actions to accept or deny your dispute within ten (10) working days of receipt of your dispute.
LeadsNow.com.au reserves the right to change or adjust this policy without prior notice to you. You are therefore encouraged to periodically review this Terms and Conditions Agreement.
REFUND/CREDIT POLICY: (PLEASE READ CAREFULLY!)
All refunds and credits are subject to inactive account policies, lead data quality guarantees, and disputed lead return policies stated in previous sections of this Terms and Conditions agreement. All refund or credit requests (not automatically processed by our automated system as stated above) must be sent by you in writing (fax or mail only) and verified via telephone by an authorised leadsnow.com.au representative. No refunds or credits will be processed or issued based upon an e-mail request or voice telephone message.
Refunds and or Credits are offered ONLY in four (4) circumstances:
1. A store credit to your LeadsNow.com.au account will be processed within two business days following receipt an acceptance of a disputed lead(s).
2. If a store credit is not possible through no fault of yours or if we cannot deliver those leads as promised for store credit., a refund to your bank card account will be processed to the last Credit Card account used to fund your LeadsNow.com.au account. In the event a refund to your credit card is authorised more than 120 days following the initial charge, all refunds will be provided by LeadsNow.com.au business cheque for the amount of the refund less applicable credit card surcharges paid by LeadsNow.com.au for use of the credit card to fund the account being refunded.
3. A refund to your Credit Card account or in the case of payment by cheque to the maker of the cheque will be given if you were over billed due to a technical error.
4. If you wish to voluntarily terminate your account and discontinue services with us and your prepaid account is in good standing with a credit balance greater than $25 you will receive a refund according to the payment method originally used to deposit the funds into your LeadsNow.com.au account equal to the remaining balance less an account termination fee of $25 and any bank fees originally charged to LeadsNow.com.au for the original funding. If your account balance is less than $25, no refund will be issued upon termination.
Please allow up to ten (10) business days to process refunds once we have received your written request.
CONFIDENTIAL INFORMATION
The data form provided to you by LeadsNow.com.au is proprietary to LeadsNow.com.au and thus provided to you in confidence and for your individual business use only under this Agreement. You must keep all lead data confidential. You may use the Lead data provided only for the business purpose contemplated under this Agreement. You may tell the prospective borrower that you got their Quote Request from LeadsNow.com.au, however, without the prior written permission of LeadsNow.com.au you may not forward, copy, or otherwise distribute in any form or media, the actual lead data to the prospective borrower or any other third party for any reason nor may you resell the data.
BROKER/AGENT'S RESPONSIBILITIES
You agree that you will not use LeadsNow.com.au or LeadsNow.com.au data for any unauthorised use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any state or federal Do-Not-Call registry, or as a basis for any use or distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use LeadsNow.com.au or LeadsNow.com.au data to send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offence, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. LeadsNow.com.au reserves the right to terminate User's account immediately and without notice, if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You will be provided a confidential account ID number by LeadsNow.com.au and be allowed to choose your own confidential password. You are the only one authorised BY leadsnow.com.au to use your account id and password. You are solely responsible for maintaining the confidentiality of your account ID and password. You are solely responsible for all uses of your account, whether or not authorised by you. You agree to immediately notify LeadsNow.com.au of any unauthorised use of your account. Unless otherwise agreed to in writing, you will not be entitled to a return credit or refund for Lead(s) purchased through your account prior to you notifying us of an unauthorised use.
LINKS
Some Links on the LeadsNow.com.au website may let you leave the LeadsNow.com.au website. You understand the linked sites are not under the control of LeadsNow.com.au and LeadsNow.com.au is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. LeadsNow.com.au is not responsible for web casting or any other form of transmission received from any linked site. LeadsNow.com.au is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LeadsNow.com.au of the linked site or any association with their operators.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
The leadsnow.com.au service is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Leadsnow.com.au expressly disclaims any representation or warranty that the Leadsnow.com.au service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by leadsnow.com.au, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will Leadsnow.com.au, related body corporates, its affiliates, or their officers, directors, employees, successors and assigns be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Leadsnow.com.au service, including but not limited to reliance on any information obtained on the Leadsnow.com.au service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorised access to leadsnow.com.au records, programs or services. The subscriber hereby acknowledges that this provision will apply whether or not leadsnow.com.au is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from leadsnow.com.au and its affiliates.
To the maximum extent permitted under applicable laws:
LeadsNow.com.au and related body corporates exclude all liability for any loss or damage however caused (including for negligence), which you or any other person may directly or indirectly suffer in connection with your use of the site or that arises out of your use of or reliance on information contained or accessed through this site and/or any omissions from the content of the site.
Information is provided "as is" without warranties of any kind, whether express or implied, including warranties of merchantability and fitness for a particular purpose, all of which are excluded from these Terms.
LeadsNow.com.au and related body corporates does not warrant that the site or any of its facilities will be uninterrupted, secure or error-free, or that the site or the server which stores and transmits Information are free of viruses or other harmful components.
LeadsNow.com.au and related body does not make any representation concerning your use or access to, or the results of your use or access to, the site or any information whether in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Information has been compiled without consideration of your current financial status. LeadsNow.com.au does not warrant the suitability of the information for your requirements and strongly recommends you obtain the appropriate independent advice prior to engaging the services of LeadsNow.com.au.
Copyright
Copyright subsists in the material contained on this web site with all rights reserved. The material contained on this web site may not be reproduced, framed, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by LeadsNow.com.au.
You may however download a single copy of the information (including but not limited to the newsletters appearing on this site) and, where necessary for your use as a reference, keep a temporary copy in your computer’s cache to make a single hard copy of this information.
Should material be downloaded or reproduced in hard copy from this web site, it may only be done so in circumstances where the entire document is downloaded or reproduced in hard copy. You must also attach this copyright notice to this material.
Trademarks
The trademark LeadsNow.com.au including its logo are trademarks owned by LeadsNow.com.au. Nothing contained on this web site, should be construed as granting any licence or right of use of any trademark displayed on this web site without the express written permission of LeadsNow.com.au.
Links
This site may be linked to or from other sites that are not maintained by LeadsNow.com.au. LeadsNow.com.au does not control in any respect any information, products or services offered by such other sites and shall not be responsible for the content of such other sites. LeadsNow.com.au does not endorse any other sites and any link, transaction, dealing, correspondence with or participation in any promotion offered on other sites including delivery of and payment for goods and services and any other terms and conditions warranties or representations are matters solely between the user and the third party operating the other site. LeadsNow.com.au assumes no responsibility, obligation or liability for any part of any such transaction, dealing, correspondence or participation.
Virus Warning
LeadsNow.com.au does not represent that any information obtained from or through the use of this web site will be free from computer viruses or other faults.
It is your responsibility to scan any information you wish to download for computer viruses. LeadsNow.com.au will not be liable to you or to any other person for any loss or damage however caused whether by LeadsNow.com.au’s negligence or otherwise.
To the extent that any applicable law imposes any liability on LeadsNow.com.au that cannot be excluded, LeadsNow.com.au’s liability shall be limited to the resupply of this material or the reasonable cost of having the material resupplied.
Severance
If any provision of these terms and conditions is held to be invalid and that part shall be severed and the balance of the terms and conditions shall continue to apply to the fullest extent possible.
Termination
Should you object to any of these terms and conditions, you must immediately discontinue use of this web site.
Governing Law
The laws of the New South Wales will govern these terms and conditions and you and LeadsNow.com.au agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales and to the Federal Court of Australia sitting in New South Wales.
Warning
The information contained on this web site is general in nature only should not be relied upon for any purpose. LeadsNow.com.au strongly recommends you obtain independent advice from an appropriate professional before effecting a factoring transaction.
Notices
Unless expressly stated otherwise, any notices to LeadsNow.com.au should be sent to LeadsNow.com.au Pty Ltd P.O Box 7828 Baulkham Hills BC 2153.
TERM OF AGREEMENT AND TERMINATION
THIS AGREEMENT CANCELLABLE BY BROKER/AGENT AT ANY TIME.
This Agreement shall remain in force and effect as long as you hold an account with LeadsNow.com.au. This Agreement is automatically renewed each time you access the LeadsNow.com.au website and/or log-in to your account and/or use our services. You may close your account at any time.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless LeadsNow.com.au against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with LeadsNow.com.au.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
ASSIGNMENT
You may not sell, mortgage, assign or otherwise transfer any of your rights or obligations under this Agreement to any other person or entity, without the express written consent of LeadsNow.com.au. Notwithstanding the foregoing, either You or LeadsNow.com.au may assign its rights and obligations under this Agreement without consent and without notice to the other, and both You and LeadsNow.com.au shall accept such assignment as a novation, to a successor as a result of a change in business legal structure, corporate restructuring, reorganization, merger, consolidation, or acquisition of all or substantially all of the assigning party's stock or assets, provided that this Agreement shall be binding upon, inure to the benefit of and be enforceable by You and LeadsNow.com.au and their respective successors and assigns.
ENTIRE AGREEMENT
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
MODIFICATION OF TERMS
LeadsNow.com.au reserves the right to modify this Terms and Conditions Agreement and its policies at any time and without advance notice to you, effective upon making the modified provisions available on the LeadsNow.com.au website. You are responsible for regularly reviewing these documents. Continued use of the LeadsNow.com.au website after any such changes shall constitute your consent to such changes. LeadsNow.com.au does not and will not assume any obligation to notify you of any changes to this Terms and Conditions Agreement.
INDEPENDENT COUNSEL
Your establishing of an account and/or your use of the LeadsNow.com.au website is evidence that you have read and understand this Terms and Conditions Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
Last updated 1 June 2006
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