Website Terms and Conditions
Welcome to the MQ Realty website (the “Site”), which operates using the Airhomes Sale (owned by Angel’s Capital Consulting Pty Ltd) built real estate software platform. By accessing or using this Site, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, please do not use the Site.
MQ Realty website www.mqrealty.com.au is operated by MQ Realty Pty Ltd and MQ Realty Group Pty Ltd as related corporations.
The Site provides information about real estate, existing properties, rental properties, property developments, new projects, land and house packages, off-the-plan listings, enquiry tools, digital inspections and marketings, market content and AI-generated assistance.
MQ Realty (“MQ Realty”, “we”, “our”, “us”) is the responsible real estate agency operating the Site.
Angel’s Capital Consulting Pty Ltd (“Airhomes Sale”) supplies the underlying software infrastructure under a white-label licence. Airhomes Sale does not provide real estate agency services.
INTRODUCTION
These Terms and Conditions apply to your use of the Website.
By accessing the Website you agree to accept these Terms and Conditions.
We may revise these Terms and Conditions from time to time and without notice. Your continued use of the Website is considered your acceptance of these Terms and Conditions as amended.
If you do not agree to comply with these Terms and Conditions, do not use (or continue to use) the Website.
You understand that there may be specific and additional Terms and Conditions that apply to your use of the Website. We recommend that you review the Terms and Conditions specific to you.
In the event of any inconsistency between the provisions of these Terms and Conditions and the other specific Terms and Conditions, the specific and additional Terms and Conditions relevant to your use of the Website will prevail.
MQ Realty reserves the right to terminate your access to the Website if you breach any term or condition, or if your ongoing use of the Website is unacceptable to MQ Realty (in its absolute discretion).
You acknowledge that these Terms and Conditions are to be read in conjunction with the Privacy Policy displayed on our Website.
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Platform Ownership & Technology Licensing
The underlying software, digital tools, structure, code, features, layout and functions of this Site are owned exclusively by Angel’s Capital Consulting Pty Ltd. MQ Realty operates the Site under licence and controls all real estate content, marketing material, communications and customer interactions. Nothing in these Terms transfers ownership of the Airhomes Sale platform to MQ Realty or to any user.
DEFINITIONS
MQ Realty Pty Ltd ACN 165 899 481 (MQ Realty) and MQ Realty Group Pty Ltd ACN 689 126 798 (MQ Realty Group) is the licensed user of the Website by its software provider (Licensor = Angel’s Capital Consulting Pty Ltd).
Client means any person who has registered an account with MQ Realty website and become a registered user granted access to the restricted parts of the Website with a view to reserve a property listing displayed on the Website.
Referral Marketing Partner means a marketing partner authorised to use the Website by MQ Realty as a Referral Marketing Partner.
Property Listings means any listings displayed on the Website by real estate agent(s) or developer(s).
Reserve means reserving a property, by a Buyer or salesperson who is representing the buyer and who have logged in, with a view to proceeding to purchase the property and receiving a Sales Contract.
Website means the website (www.mqrealty.com.au) and app developed and maintained by Angel’s Capital Consulting Pty Ltd who is licensor of technology to MQ Realty to access, use its built-in functions and features for real estate business.
IMPORTANT NOTICES
1. Content displayed on the Website in relation to properties and projects may have been prepared prior to construction of the project.
2. As a result, any 3D virtual tour and any images and any diagrams are artists’ impressions and view lines, amenities and streetscapes are intended to be a visual aid and guide only. These computer and AI-generated images are not to be relied upon as an accurate representation of the final property.
3. MQ Realty, its Marketing Partners, Marketing Managers, Licensees and Developers, builders gives no warranty and makes no representation as to the accuracy or sufficiency of the information included on the Website.
4. You must make and rely upon your own enquiries (including receiving legal, taxation and financial advice) before taking any action in reliance of the information and content contained on the Website in respect of any property.
5. MQ Realty, its IT technology provider (= Angel’s Capital Consulting Pty Ltd), Marketing Partners, Marketing Managers, Licensees and Developers, builders will not be liable in any way for any loss or damage you may suffer as a result of you using the Website.
6. Any financial information provided on the Website is general information only from third party websites and is not professional advice and does not consider your personal financial and other obligations. You must not rely upon this. You should seek your own independent advice and rely upon your own enquiries.
7. There are restrictions on the acquisition of Australian real property by “foreign persons”. If you are in any doubt as to your status, you should obtain your own professional advice.
USE OF WEBSITE
8. The Website contains content provided to MQ Realty by other parties. MQ Realty does not monitor, review, verify or make enquiries about that content.
9. MQ Realty’s role is limited to providing the Website for the content provided by other parties.
10. MQ Realty is a licensed real estate agent for sale of the real estate listed on the Website.
11. MQ Realty is not responsible or liable:
a. in the event that a party fails to complete the contract for sale of any property listed on the Website;
b. for the completion of the sale of any Property listed on the Website;
c. for the state or condition of any Property listed on the Website; and
d. for verifying the title, encumbrances or any characteristics of any Property listed on the Website.
12. Angel’s Capital Consulting Pty Ltd is not a licensed agent and is thus not involved in any sales activities but purely maintains the software part of the website under licence.
13. Marketing Partners can refer clients to the Website.
14. Buyers who have registered with the Website can make direct enquiry to property sales representatives and if they want, reserve properties for the purpose of proceeding with a sales process (which should include the buyer instructing their own solicitors, conveyancers and other professional advisers) to assist with the process.
15. Any person who reserves a Property using the Website should contact a sales representative and their own professional advisers to advance any purchase of a Property, including all necessary due diligence.
16. Buyers should not pay any deposit until they carefully confirm banking details. Buyers bear the risk of any error to MQ Realty’s trust account.
17. MQ Realty and its technology provider (= Angel’s Capital Consulting Pty Ltd) does not warrant that the Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevents users from accessing the Website, or that the use of the Website will be compatible with all hardware or other software.
18. The use of the Website including all content is at the user’s own risk. Users must make and rely upon their own enquiries concerning the content contained on the Website.
REFERRAL MARKETING MANAGERS
19. In order to use the Website as a “Marketing Manager“, you must register an account, agree to be bound by the Marketing Manager agreement and be accepted by MQ Realty. You represent and warrant that you have the authority to legally bind your entity and grant us all permissions and warranties provided in these Terms and Conditions and the Marketing Manager document (a copy of which will be sent to you).
REFERRAL MARKETING PARTNER
20. In order to use this Website as a “Marketing Partner“, you must register an account, agree to be bound by the Marketing Partner agreement and be accepted by MQ Realty. You represent and warrant that you have the authority to legally bind your entity and grant us all permissions and warranties provided in these Terms and Conditions and the Marketing Partner document (a copy of which will be sent to you).
BUYER
21. In order to use this Website as a Buyer, you must register an account. In registering your account, you agree to be bound by these Terms and Conditions.
22. Each Buyer:
represents and warrants to MQ Realty and any other user of the Website that they are 18 years of age or over and have the authority to form legally binding contracts;
will be required to enter the unique ID of the person who referred them (known as a Marketing Partner) when registering to use the Website (the Marketing Partner’s unique ID may be pre-recorded);
will be allocated a username and must choose a password;
are responsible for maintaining the confidentiality and security of your username and password;
must immediately notify MQ Realty if they know, or reasonably suspect that their credentials may have been lost, stolen, misappropriated or otherwise compromised, or in the case of any actual or suspected unauthorised use of their user ID or password;
acknowledges that their personal information relating to any property purchased by them using the Website can be accessed by their Marketing Partner and Marketing Manager that introduced or promoted the Website to them;
accept and acknowledge that once the buyer registers to MQ Realty website using a partner’s unique ID or from a marketing partner’s invitation link to MQ Realty website, the buyer will be allocated to that marketing partner and the marketing partner will be rewarded marketing incentives from MQ Realty website when the buyer purchases a property using the website;
understand and fully accept that an introducer’s marketing fee will be rewarded to the marketing partner who introduced the buyer to the website once the buyer successfully purchases a property from MQ Realty website;
accept that the above introducer’s right (22.h) can be assigned to another marketing partner if the first marketing partner who provided the partner ID decides to transfer their introducer’s right to another marketing partner;
acknowledge that the information contained on the Website is confidential information owned by MQ Realty;
warrant that they will not copy any confidential information or utilise that confidential information in order to compete with MQ Realty’s business; and
are liable and responsible for any and all activities conducted through their username and password.
23. MQ Realty may terminate the access of any Buyer for any fraudulent, abusive, or otherwise illegal activity or any other ground in its absolute discretion. The termination should be notified as soon as practical using any of the contact details that the Buyer has recorded on the Website. A failure to notify does not delay or otherwise affect the validity of the termination.
24. Buyers may reserve a property through the Site by own choice. By doing so, the Buyer acknowledges:
reservation does not guarantee purchase;
all property details must be confirmed directly with MQ Realty and the developer;
contract documents take precedence over website information;
deposits must never be transferred without confirming correct banking details;
the website and salesperson, without consent of the buyer, do not participate in negotiations or contract formation.
25. By using the Website each user acknowledges that they are bound by these terms and conditions.
THE RESERVE
26. A Buyer who has registered an account with MQ Realty is able to access assigned property listings on the Website.
27. If a Buyer chooses to purchase a property listed on the Website they may press “Reserve” on the property they have selected and add their details (including that of their solicitor/conveyancer, if known) and upload necessary documents including deposit payment receipt.
28. With buyer consent, the buyer’s sales agent or referral marketing partner on the website can process a reservation or construct a sales advice on behalf of the buyer if necessary to process the buyer’s purchase of the property listed on the website.
29. Once reserved, the Buyer should instruct their solicitor or conveyancer to proceed with the sales process (including any due diligence and exchange of contracts).
30. The Buyer acknowledges and agrees that all content shown in respect of the property are artists’ impressions only. All plans, fittings, scales, sizes and specifications are indicative only and may not be exact or accurate.
31. Property prices and other information in the listing section are subject to change from time to time. The buyer should contact the property sales representative on the Website to find up-to-date price and other information.
32. The Buyer acknowledges that they will enter into a Contract for Sale and Purchase of Land that will contain more accurate plans, price, colours and specifications in respect of the property they wish to purchase. The Buyer should obtain legal advice on the contents of the Contract for Sale and Purchase of the Land and conduct all pre-contractual investigations recommended by their solicitor/conveyancer.
33. The Buyer acknowledges and agrees that they will carefully read and understand the specifications for the Property and make and rely upon their own enquiries prior to signing any Contract for Sale and Purchase of Land in relation to the Property.
34. The Buyer releases and holds harmless MQ Realty, real estate agent(s) and developer(s) who list the property on the Website and their officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity, arising out of the Buyer acting, or failing to act, on any information contained on or referred to on the Website.
CONTENT ON WEBSITE
35. Users are not permitted to modify, copy, reproduce, republish, distribute or transmit materials contained on the Website whether in whole or in part without the express written consent of MQ Realty (which may be given subject to conditions).
36. Users may access and use the content on the Website for their own personal use only. Users must not do anything to alter, modify or add to the content.
37. To the best of the knowledge of MQ Realty, information contained on the Website is current as at the date of access. Information is supplied on the basis that, while MQ Realty believes all information supplied by third parties is reliable, it does not warrant the accuracy, completeness or currency of the information. MQ Realty will not be liable for any inaccuracies, omissions or errors in the content nor for any loss or damage arising from action taken in relation to the information.
INTELLECTUAL PROPERTY
38. All branding, trademarks, images and content on this Site belong to the software licence provider and MQ Realty or the respective property developers.
39. The underlying software belongs exclusively to Angel’s Capital Consulting Pty Ltd (Airhomes Sale).
Users may not:
copy or reverse-engineer the software;
resell or reuse content for commercial purposes.
AI-GENERATED CONTENT
40. Some features, including chat responses, recommendations, property information, automated price estimates and property summaries, answers and insights, may be generated by AI.
41. AI-generated information:
is general in nature;
may not always be accurate, and may contain errors, outdated information or hallucinations;
is not financial, legal, or investment advice;
should not be relied upon without independent verification.
MQ Realty does not guarantee the accuracy or appropriateness of any automated responses.
THIRD-PARTY CONTENT & LINKS
42. The Site may include links or integrations with third-party platforms, including Airhomes Sale (platform) cloud infrastructure, analytics tools, payment processors or marketing services. MQ Realty is not responsible for third-party content, outages or system failures.
LIABILITY AND INDEMNITY
43. MQ Realty and its referral partners and its clients, including real estate agent(s) and developer(s) and their officers, directors and employees will not be held liable, in any circumstances, for any loss or damages which arise out of:
a. any use, attempted use, and/or technical failure of the Website;
b. acting, or failing to act on any information contained in or referred to on the Website;
c. any errors or defects in the Website;
d. reliance on indicative property content;
e. inaccuracies in third-party information;
f. loss resulting from AI-generated responses;
g. outages, interruptions or technical failures;
h. any property transaction disputes;
i. indirect, incidental, or consequential damages.
44. Users of the Website indemnify and keep indemnified MQ Realty and any third parties from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of any breach of these Terms and Conditions by the user.
TECHNOLOGY SECURITY, VIRUSES & DATA BREACHES
45. Mqrealty.com.au operates using the Airhomes Sale technology platform provided by Angel’s Capital Consulting Pty Ltd. While MQ Realty and Airhomes Sale implement reasonable and industry-standard security protocols, neither party guarantees that:
the website or platform will operate without error or interruption;
the website, server or content will be free from viruses, malware or other harmful code;
the systems will be immune to hacking, cyber-attacks, unauthorised access or data breaches; or
user data will never be accessed, altered or lost due to circumstances outside of reasonable control.
Users acknowledge and agree that:
No technology platform or online system can be fully protected against cyber risks.
MQ Realty and Airhomes Sale are not responsible for any loss, damage, corruption or disclosure of data caused by: third-party attacks or hacking attempts; viruses or malware introduced by external sources; misuse or negligence by website users; or technical faults, outages or failures outside their control.
Users must take reasonable precautions, including using secure devices, updated software and strong login credentials.
This clause does not limit or exclude any rights under the Australian Consumer Law.
COMPLIANCE WITH LAW
46. The Terms and Conditions are to be interpreted so that they comply with all applicable laws in New South Wales.
47. If any part of these Terms and Conditions are unenforceable, illegal or void, then it is severed and the remainder of these Terms and Conditions remains in force.
INFORMATION FOR AUSTRALIAN INVESTORS
48. References to currency are in Australian dollars.
49. The information contained on the Website is provided for Australian residents only.
PRIVACY
50. MQ Realty’s Privacy Policy forms part of these Terms and Conditions.
51. By using the Website, each user consents to MQ Realty collecting, handling and using their personal information in accordance with its Privacy Policy.
CONTACT
MQ Realty Pty Ltd & MQ Realty Group Pty Ltd – Real Estate Agent
Email: [email protected]
T) 02 9025 6688
29-31 Joseph St Lidcombe NSW 2141
Angel’s Capital Consulting Pty Ltd – Software Provider
Email: [email protected]
T) 0430 455 740
Shop 2/164-166 Victoria Ave Chatswood NSW 2067