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Terms of Service

Effective date 25 August, 2023

The website www.brokerkit.com.au (Website) is owned and operated by Broker Kit Pty Ltd (Broker Kit).
‘We’, ‘us’ and ‘our’ refer to Broker Kit Pty Ltd (ABN 27 659 866 010) and our related businesses.

General Statement

In these Terms, ‘us’, ‘we’ and ‘our’ means Broker Kit and any related bodies corporate. By accessing and/or using this website and related services and or the system (the Platform), you agree to these Terms and Conditions (Terms) which includes our Privacy Policy available at https://brokerkit.com.au/broker-kit-privacy-policy. You should review our Terms carefully and immediately cease using our website if you do not agree to these Terms.

The services provided on our website and via the Platform include:

1. Online forms – which helps your customers accurately complete online forms;
2. Website generation and marketing websites;
3. Chatbots;
4. Ad campaign management;
3. Digital business cards; and
4. Marketing tools

Us and our agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on our website and/or the Platform. Whilst we take reasonable steps to keep the information on our website accurate, complete and up-to-date, us and our suppliers cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. To the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Registration

You must be a registered member to access our products and certain features of our website and the Platform. When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, business information and other related information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the website in accordance with these Terms.

Collection Notice

We collect personal information about you in order to provide you with Data Collection and Marketing services and for purposes otherwise set out in our Privacy Policy
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Refund policy

We stand by the quality of our products and services, and we believe that we can consistently meet or exceed your expectations. Therefore, we offer a 30-Day Money Back Guarantee Policy for our customers. If, for any reason, you are not completely satisfied with your purchase made with us, you can request a refund within thirty (30) days from the date the payment is received.

To be eligible for a refund, you must meet the following conditions:
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a) The refund request must be submitted within thirty (30) days of the payment receipt date;
b) You must provide a valid reason for your dissatisfaction with the purchased product or service:

Valid reasons:

1) The product does not match the description given during the sales process.
2) The product or service does not meet the promised quality or performance standards.
3) The service received was incomplete, unprofessional, or unsatisfactory.
4) The customer experiences significant technical issues.

Regrettably, as we specialise in custom solutions tailored to each client’s needs, we are unable to offer refunds in instances where a change of mind occurs. We also do not, under any curcumstances, offer refunds on Mortgage Broker Leads Kick Starter Pack, Mortgage Broker Leads Professional Pack or Mortgage Broker Leads Performance Pack products.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it and/or the Platform. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website and/or the Platform (Content).

Your use of this website and/or the Platform, and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

Transfer on Subscription Termination

In the event that a user elects to terminate their subscription to the Broker Kit ‘Kickstarter’ or ‘Performance’ packages, but wishes to retain ownership of their website created through our services, the following terms shall apply:

  1. Licensing Fee: The user may choose to pay a one-time Intellectual Property (IP) licensing fee of $1,500 plus applicable Goods and Services Tax (GST). Upon receipt of this fee, we will facilitate the transfer of the website to a hosting platform specified by the user.
  2. Rights Transferred: Payment of the IP licensing fee entitles the user to a non-exclusive, non-transferable license to use the website. This license includes the right to maintain and display the website on the user-specified hosting platform.
  3. Limitations on Use: The user is expressly prohibited from reproducing, redistributing, or reselling the website. The user may not use the website for any purpose other than as originally intended and agreed upon in this Agreement.
  4. Technical Support for Transfer: We will provide the necessary technical support to facilitate the transfer of the website to the user-specified hosting platform. This support is limited to the transfer process and does not include ongoing maintenance or updates of the website post-transfer.
  5. Intellectual Property Rights Post-Transfer: Post-transfer, the intellectual property rights in the website’s design, underlying code, and any proprietary content originally provided by us remain our property or that of our licensors. The user obtains rights only to the website as a whole, as it exists at the time of transfer, and does not obtain any rights to underlying technologies, software, or content that remain subject to this Agreement.
  6. Amendments: We reserve the right to amend the terms of this licensing agreement, with reasonable notice to the user, to reflect changes in law, our services, or for other reasonable purposes.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
All warranties, circumstances and terms implied by regulation, general law or worldwide convention including, without restriction, any and all implied warranties with respect to merchantability, suitability of purpose, title and non-infringement; and liability to you or any person in respect of any loss or damage arising out of or in connection with any use of the website and/or the Platform or the information on or provided through the website and/or the Platform, as well as, without limitation, all liability in respect of consequential, incidental, indirect, extraordinary, punitive or exemplary damages (such as loss of profits or loss or corruption of data and loss of goodwill) even if it has been advised of the likelihood of such loss or damage.

Where the law implies any phrase in relation to your use of the website or any understanding arising out of your accessing the website and that law prohibits exclusion of that phrase, then that phrase is included. If and to the amount permitted by law, however, we and our affiliates limit our liability for breach to the resupply of services.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the Platform, or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of NSW, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW, Australia.