TERMS OF USE

Updated on 20/11/24

Thank you for visiting our Website. This Website is owned and operated by Leads by E located at 39 Wills Rd, PO Box 2160 Woolooware, NSW 2230, Australia (“we”, “us”, “our”). These Terms of Use ("Terms") are a legally binding agreement between you and us. Please read these terms carefully before using our services. We are a marketing agency focused on finding companies offering rent to own properties. We offer marketing services only and we are not involved in the rental transaction. Please note that we do not represent all companies that may offer such services and if you do not find what you are looking for through our services, you should continue your search. We are paid by Clients for referring you to them and they will contact you directly. We have no other connection to our Clients or the properties they offer other than marketing and referral services.

Our referral is not an endorsement of any particular Client, rather it is to offer you the broadest range of possible services you seek. We do not vet out each Client. Once you are referred, please read the Client’s policies and terms carefully as they may differ from our own. You are never obligated to accept any Client’s contractual commitment, unless you are satisfied that it fits your needs. Use of our Services and Website is AS IS and you assume all risks involved. There is no charge for our services to you. 

These Terms contain a DISPUTE RESOLUTION PROVISION to use BINDING ARBITRATION AND WAIVER OF CLASS ACTION to resolve disputes, instead of jury trials or class actions. It also contains provisions which limit our liability in all matters. 

By using our Services, you acknowledge that you have read and understand these Terms and agree to be bound by these Terms. In addition, you represent and warrant that you have the required capacity to enter into these Terms and that you are at least 18 years old. If you do not agree with these Terms, do not access our Website, provide information, or use our Services.

CHANGES TO TERMS OF USE AND SERVICES.

We may, in our sole discretion and without prior notice, amend, change, or modify these Terms at any time. If we do so, we will notify you by posting the modified Terms on this page and there will be no other communications to you. As such, You should review these Terms and Privacy Notice periodically to be aware of any changes. By using the Services after changes to the Terms, you are agreeing to be bound by the changes. We reserve the right, in our sole and absolute discretion, to change, reformulate, suspend, discontinue, or terminate any of the Services at any time, without prior notice.

REGISTRATION AND ACCOUNTS.

To use our Service, you will be required to create an account by responding to our prompts. If you create an Account, you will be asked to provide personal information such as your name, email address, and other personal information as permitted by our Privacy Notice which is incorporated herein. You must provide us with accurate, complete, and up-to-date information. If you do not maintain current information with us, we may have to suspend or terminate your Account.

You represent and warrant that all information you submit to us, is accurate and you will update that information as appropriate. You may delete your Account at any time by emailing us at programs@housinginsightstoday.com. or by following other instructions posted on our Website. If you create a username and password in connection with your Account, you are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your Account, username, or password. We are not responsible or liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

By creating an Account, you are agreeing to receive electronic communications from Us and our Clients via email, including any notices or disclosures that are sent to you electronically. You also agree that Our electronic notices are sufficient written legal notice under this Agreement and as may be required by applicable laws. Our or our Client’s emails to you may include information about your Account, our Services, and promotional information about us, our clients, or third-parties with services and products you may be interested in. If you wish to unsubscribe or opt-out of all or certain electronic communications you receive from us, please use the opt-out or unsubscribe function in the emails. 

CONTENT ON OUR WEBSITE OR THROUGH OUR SERVICES.

All materials provided to you through our Website or emails, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content, and services, (collectively “Content”) are provided either by us, our Clients, or third-parties, are for informational and marketing purposes only. We make no guarantees about the accuracy, timeliness, content, or quality of the information provided on our Website, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on third-party or our websites. This content may not be accurate or timely and should be used with caution. Such content is the intellectual property of the author who provided it or us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your use of our Website and Services. 

NO BROKER OR AGENCY RELATIONSHIP.

You agree that we do not, either directly, or indirectly, act as your real estate agent or broker, contracting agent, or other representative on any transaction you enter with one of our Clients. We are not real estate agents, brokers, contracting agents, or other representatives, and we do not represent you in any capacity with your application or in connection with any lease, option to purchase, purchase agreement, or any other transaction or agreement you may enter into with our Clients.

PROHIBITED USER CONDUCT.

You are prohibited from violating or attempting to violate any security features of our Website or Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Website or servers or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfere or attempt to interfere with our Service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise damage the source code used in providing our Services; (e) using the Services in connection with the violation of any third-party’s intellectual property or proprietary rights, including copyrights, trademarks, or patents; (f) violates, or encourages any conduct that would violate, any applicable law or regulation or would subject us or our Clients to civil liability including submitting fraudulent, false, misleading, or deceptive information; (g) posting defamatory, obscene, pornographic, vulgar, or offensive content about us or to us including any content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or is violent or threatening, or promotes violence or actions that are threatening to any person or entity; or (h) promotes illegal or harmful activities or substances. 

In addition, you may not attempt to access or search our Website, servers, or download Content from our Website through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like). 

CLIENT AND THIRD-PARTY WEBSITES.

You agree that we have no control over, and no liability for any third-party websites or materials, including Client websites and materials that you may access from links on our Websites, or which are provided to you via email. 

TERM AND TERMINATION.

These Terms will remain in full force and effect while you use our Services, unless terminated as described in this section. We may terminate or suspend your access to and use of the Services (including your Account), at our sole discretion, at any time and without notice to you. You agree that any termination of your Account may result in the deletion of your information. You hereby waive any claims that you may have against us in connection with the termination of your account. 

INDEMNITY.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold us and our Clients harmless from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable legal fees and costs) ("Claims") arising from or related to: (a) your access to, use of, or misuse of the Services including conduct of any third-party you authorize to access or use the Services; (b) your violation of these Terms; or (c) your violation of the legal rights of a third-party. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. You shall promptly notify us of any Claims alleged by third-parties, cooperate with the us in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, without limitation, all legal fees and costs). We shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.

DISCLAIMERS.

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY OF THE INFORMATION AVAILABLE ON THE SERVICES. IF THERE IS AN ERROR OR DISCREPANCY ON OUR SERVICES, IN ANY COMMUNICATIONS WITH YOU, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THAT ERROR.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AS TO THE SERVICES AND CONTENT, AND ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY.

OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF OUR WEBSITE OR THE SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD-PARTY CONTENT, AND LINKS TO THIRD-PARTY SITES) OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY PARTY, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR SERVERS OR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO OUR WEBSITE OR SERVICES EXCEED $250.00 USD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE US FROM AND AGAINST, AND COVENANT NOT TO SUE US FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

THE LIMITATIONS SET FORTH IN THIS SECTION TITLED "LIMITATION OF LIABILITY" DO NOT LIMIT OR EXCLUDE LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

GOVERNING LAW.

These Terms and any action related to these Terms will be governed by the laws of Australia, without regard to their rules regarding conflicts of law.

DISPUTE RESOLUTION.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this Section. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date of such dispute, including the Optional Appeal Procedure provided for in such rules (“Arbitration Rules”). The arbitration shall be conducted in New South Wales, Australia before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

ENTIRE AGREEMENT; SEVERABILITY; WAIVER.

These Terms constitute the entire agreement between you and us regarding the use of Website and Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

CONTACT.

If you have any questions or need to contact us, you may do so at:

Leads by E

39 Wills Rd, PO Box 2160 Woolooware, NSW 2230, Australia

Email: programs@housinginsightstoday.com