Terms Of Use

SOLARLEADMARKET.COM.AU, SOLARAUDIT.COM.AU and 3QUOTES.COM.AU including contents ("Website") is owned and operated by 3QUOTES TRADING PTY LTD (“The Company”).

A “Client” is an individual or a company accessing or using the Websites to buy leads from The Company.

By accessing or using the Websites, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the Terms of Use, the Privacy Policy and elsewhere on the Websites (known collectively as “Terms of Use”). Please read these Terms of Use carefully before using the Websites. If you do not agree to all of the provisions contained in these Terms of Use, you must refrain from using the Websites.

The Company reserves the right to amend these Terms of Use at any time without notice. You are therefore encouraged to check this document regularly.

Applicable Law

The Terms of Use are governed by and to be construed in accordance with the laws of South Australia, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.

The Company makes no representation that the content of the Websites complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Websites

The Company assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Websites. Except as The Company may specifically direct otherwise, The Company does not authorise the content of those third party websites.

Disclaimer and Liability

This Website is provided on an “as is” basis. While The Company has used its best endeavours to ensure that the information contained on and accessed through the Websites is correct and current at the time of publication, The Company does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, The Company, its affiliated companies and their respective directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Websites, your access to the Websites or results of your access, or the information, content, materials or products on the Websites; and

(b) Do not warrant that the functions on the Websites will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of The Company, its affiliated companies or their respective directors, employees, agents and contractors) will The Company, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Websites.

Intellectual Property & Restrictions On Use of Content

the Websites is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. the Websites contains trademarks, intellectual property and copyright protected works that are owned by The Company, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Websites for your own personal use or as otherwise indicated on the Websites or these Terms of Use, you must not copy, republish, communicate to the public, adapt, transfer, distribute, sell or store any of the contents of the Websites, or incorporate any part of the Websites into another website without The Company’s written consent.

Buying Leads

• The Price Per Lead is specified on SOLARLEADMARKET.COM.AU for a particular lead in real-time.
• If the Client has supplied The Company with credit card, debit card or prepaid debit card details it authorises The Company to charge the Price Per Lead or the credit specified by the Client in order to “top up” the Client's Account Balance.
• The Client agrees that the Price Per Lead for every lead it buys from The Company during the term of this Agreement will be debited from its Account Balance or its card on file.
• All prices on SOLARLEADMARKET.COM.AU are in Australian Dollars (AUD) and subject to Goods and Services Tax (GST) at the applicable rate stipulated by the Australian Taxation Office (ATO).
• Should the Client deactivate their account with The Company, the Client will be entitled to a refund of no more than the total of their remaining account balance shown on SOLARLEADMARKET.COM.AU at the time of deactivation. Any refund to the Client will be processed by The Company to the Client’s original funding source.

3Quotes Lead Replacement Policy

Replacement of leads is offered as a refund to the Client's account balance according to the level of validation specified prior to purchase.

• Form Validated only: These leads are provided on an "as is" basis with no validation of phone numbers or email addresses.
• Form Validated plus Phone Validated: These leads are provided on the basis that the mobile phone number supplied in the lead has been validated through the provision of an SMS code sent to the customer in order to complete the enquiry.
• Form Validated plus Call Validated: These leads are provided on the basis that the customer has been spoken to by our call centre to further validate the details of the enquiry.

• Wrong Address: The property is located in a postcode other than that specified in the lead details at the time of lead purchase.
• Previously Purchased: The lead is a duplicate and has previously been provided to the Client by 3Quotes or Solar Lead Market.
• Wrong Phone Number: The validated lead phone number is disconnected or does not belong to the corresponding lead name.
• Non-Contactable: If three days after purchasing a lead, you are unable to contact a customer after trying 3+ times, then you can apply for a non-contactable lead replacement. If another solar company applies for a non-contactable lead replacement for the same lead, 3Quotes will replace the lead. If no other solar company applies for a non-contactable lead replacement, then 3Quotes will not refund the lead.

Should any of these conditions be met, the Client may request a lead replacement using the facility provided in the Client Panel within seven (7) days of the lead being purchased. On acceptance by the Company, the cost of the

Privacy and Confidentiality

The Client acknowledges that it will receive personal information of leads collected by The Company for the purposes supplying quotes to those leads. The Client agrees that it will not use the personal information for any other purpose, and will not collect any personal information until such time as the lead directly provides that information to the Client.

At all times, the Client agrees to treat and handle any personal information it receives from The Company in accordance with The Company’s privacy policy, which can be viewed on the Websites.

The terms of this Agreement and any dealings between the parties are confidential. Each party will ensure that any such confidential information relating to the other party is treated as strictly confidential, and is not used or disclosed to any other person, other than:

• persons strictly requiring the information for the purpose of properly performing its obligations under this Agreement, provided that they are made aware of the obligations in this clause;
• with the other party’s prior written consent;
• as required by law;
• to that party’s related body corporate if necessary for reporting purposes;
• to that party’s professional advisers in confidence; or
• where the information is generally or publicly available other than through a breach of this Agreement.

Liability and Indemnity

To the extent permitted by law and unless expressly provided otherwise in this Agreement, The Company will not be liable to the Client for any loss or damage claimed to have resulted directly or indirectly from the use, operation or performance of the Websites or any lead/leads. Leads are provided by The Company on an “as is” basis.

The Client must not re-market or on-sell, or attempt to re-market or on-sell, any leads provided under this Agreement. The Client acknowledges that ownership of the leads and data contained therein, including but not limited to all intellectual property rights in the same, is retained by The Company at all times. Nothing in this Agreement will be taken as assigning any ownership of any leads or data to the Client.

The Client will indemnify The Company against any loss or claim arising from or relating to a breach of this Agreement by the Client (including without limitation breach of the above clause) or any negligent act or omission by the Client.

General

Relationship - The relationship between the parties is that of independent contractors and nothing in this Agreement will be construed as giving rise to the relationship of principal and agent, trustee and beneficiary, joint venturers or partnership.

Severability - Any term of this Agreement which is fully or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the remainder of this Agreement continues in force.

Governing Law - This Agreement and the transactions contemplated by this Agreement are governed by the law in force, in South Australia, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning this Agreement or the transactions contemplated by this Agreement.

Termination and Cancellation

The Company reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Websites, at any time without notice. Without limiting the operation of any other Terms of Use herein, The Company will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on The Company's liability will survive such termination.