Important Notice
These terms and conditions (Agreement) are an agreement between the customer being the person who access the Site and or purchases a Subscription (Customer) and MCRE AG Pty Ltd (ACN 133 554 800)(MCRE). The Customer should read this Agreement carefully.
The Customer should read this Agreement carefully.
In registering a Subscription, purchasing Lead Packs and / or by using the Site the Customer is agreeing to be bound by this Agreement.
MCRE reserves the right to change this Agreement from time to time. Notice of the changes will be posted on the Site and the most current version of this Agreement will be published on the Site. Use of the Site after a change has been made to the Agreement will be deemed an acceptance of any changes.
Definitions 2.1. In this Agreement the following definitions will apply:
Client means that clients and customers of the Customer.
Customised Website means as defined in clause 4.1.
Formal Valuation Request means a request made by the Client for a formal valuation of a property.
Lead Packs means bundles of leads that the Customer purchases which allow them to send Valuations to Clients for the amount and quantum as set out on the Site from time to time.
Privacy Policy means MCRE's privacy policy as published on the Site.
Related Body Corporate means as defined in the Corporations Act 2001 (Cth).
Site means the website of www.3secs.online and all associated URLs.
Subscription means a membership subscription to the Site which allows the Customer to purchase Lead Packs, customise a website for Clients and access Client information.
Valuation means an online property valuation conducted by a Client on the Site.
Lead Packs and Billing
The Customer can purchase Lead Packs from the Site.
Lead Packs purchased are processed securely via our third-party payment gateway providers, the Customer must refer to their terms and conditions for additional information.
All transactions are handled over SSL and are PCI-Compliant and MCRE does not directly store the Customer’s credit card details which will be stored by Stripe.
The Customer must notify MCRE of any change to the method of payment.
MCRE will assume the Customer’s payment method is correct and will continue to bill for Lead Packs and charges relating to the Customer’s Subscription by their nominated payment method.
If any Lead Packs billed to on the Customer’s account are not processed for any reason MCRE may suspend the Customer’s Subscription until payment is made in full.
MCRE reserve the right to vary the amount charged for the Lead Packs from time to time and will put notice of such changes on the Site.
Customised Website
With a Subscription the Customer through the Site will be able to upload their logo and other contact information and create a customised website with a unique URL (Customised Website).
The Customer will be able to forward the URL for the Customised Website to its database and / or publish the URL on its own website.
On the Customised Website the Client’s will be able to obtain a free Valuation and enter in details to make a Formal Valuation Request.
Payment for Lead
The Customer will pay through the purchase of Lead Pack for the details of each of their Clients which obtain a Valuation.
The information provided will only by the address of the property for which a Valuation was done and the time and date of the Valuation
The Customer will be provided with the details of each Client which uses a Valuation up to the amount of Lead Pack purchased.
In the event that the Customer has insufficient Lead Packs for the number of Valuation completed by Clients the Customer will only be provided with Client details up to the amount of Lead Packs purchased.
The Customer may purchase additional Lead Packs to obtain Clients details if required.
Formal Valuation Request
Through the Customised Website the Client will be able to make a Formal Valuation Request.
The full details entered into by the Client will be provided to the Customer at no extra charge, the Customer will only be required to purchase a Lead Pack for this information when available.
Intellectual Property
The names, images and logos identifying MCRE are proprietary marks and no use should be made unless with prior written consent.
Copyright in the content on the Site and in the information and material therein and in their arrangement, is owned by MCRE unless otherwise indicated.
The Customer acknowledge that no title or interest to MCRE's intellectual property rights is transferred to the Customer and the Customer agree to make no claim of interest in the Site.
No Warranty
The information and materials contained in the Site, including text, graphics, links or other items – are provided “as is”, “as available”.
MCRE does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Limitation of Liability
In no event will MCRE be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site, use of the Site, inability to use the Site by any party, in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, even if MCRE or its Related Parties, are advised of the possibility of such damages, losses or expenses.
Hyperlinks to other internet resources are at the Customer’s own risk; the content, accuracy, opinions expressed and other links provided by these resources are not investigated, verified, monitored, or endorsed by MCRE.
Submissions
All information submitted to MCRE AG via the Site and / or Customised Websites shall be deemed and remain the property of MCRE and MCRE shall be free to use for any purpose any ideas, concepts, know-how or techniques contained in information a Customer provides to MCRE through the Site.
MCRE shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by MCRE or as otherwise specifically agreed or required by law.
General
All prices displayed on the Site are in Australian Dollars.
Except where indicated otherwise, prices on the Site include GST.
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
This Agreement contains all the terms agreed between MCRE and the Customer regarding its subject matter. The Subscription is provided to the Customer under MCRE’s operating rules, policies, and procedures.
All provisions of this Agreement apply equally to and are for the benefit of MCRE, MCRE’s subsidiaries, Related Body Corporate and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
In any event, the provisions that are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event the Customer use the Site again, then the provisions of the terms and conditions that then apply will govern the Customer’s re-use of the Site.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
The Site Is controlled and offered by MCRE from Victoria, Australia. All sales occur and are appropriated in Victoria. MCRE makes no representation that the Site or Subscription are appropriate or available for use in other locations. Those who access or use the Site or Subscription from other jurisdictions do so at their own volition and are responsible for local laws.
This Agreement (and all non-contractual relationships between the Customer and MCRE) shall be governed by and construed in accordance with the law of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.
