Terms

About these terms

Who we are. Broker Twin (ABN 73 402 846 460) is an Australian business based in Sydney. In these terms, "we", "us" and "our" mean Broker Twin.

When they apply. By using this website you agree to Part A and Part C. A brokerage that starts a trial or subscribes agrees to all three parts. If you accept for a brokerage, you confirm that you are authorised to do so.

Words we use.

• Service means the Broker Twin software and the AI employee we provide to a brokerage.
• You means the person using this website or, in Part B, the brokerage that trials or subscribes to the Service.
• Client means a customer or enquirer of a brokerage.
• Client information means information about a brokerage's clients that is put into, collected by or produced by the Service.
• Confirmation means our written confirmation of your trial and your plan.

Clients of a brokerage. These terms are between us and the people and brokerages described above. A brokerage's clients deal with their brokerage, not with us. Our privacy policy explains how we handle their information, and everyone else's.

General information only

No advice. This website gives general information about Broker Twin. Nothing on it is credit, financial, legal or tax advice. Broker Twin does not hold an Australian credit licence, does not lend and does not provide credit assistance.

Figures are estimates. Results from the calculator, and figures in charts and examples, are illustrations. They are based on the numbers you enter and on assumptions, and they are not a promise of savings, revenue or time saved.

Examples are examples. Names, clients and data shown in pictures of the product are made up for illustration.

The product is developing. We work to keep this website accurate, but features and timing can change. What a brokerage receives is set out in its Confirmation.

Acceptable use of the website

You must not:

• use the website in a way that breaks the law or infringes anyone's rights
• interfere with the website, try to get around its security, or introduce harmful code
• copy the website's content in bulk, by automated means or otherwise, without our written agreement
• send us false information, or someone else's information without their permission
• pretend to be another person or business.

Our content

We or our licensors own this website and its content, including the text, design, graphics, logos and software. You may view the website and share links to it. You must not copy, change or reuse the content for a commercial purpose without our written agreement. Other companies' names and logos belong to their owners.

Other sites and tools

This website links to other sites and uses tools provided by other companies, such as the booking calendar and social media pages. We do not control them and are not responsible for their content. Their own terms and privacy policies apply.

Availability

We may change, suspend or withdraw any part of this website at any time. We do not promise that it will always be available or free of errors.

Starting with Broker Twin

Who can use the Service. The Service is for mortgage broking businesses in Australia. You must hold an Australian credit licence or be an authorised credit representative of a licensee, and you must be acquiring the Service for your business.

How the agreement starts. After your discovery call and demo, we send you a Confirmation. It sets out your trial, the plan that starts after it, the number of users, the prices and any usage rates. The agreement between us starts on the date in the Confirmation and is made up of the Confirmation and these terms. If they conflict, the Confirmation applies.

The 30-day free trial

• The trial runs for 30 days from the start date in your Confirmation.
• There are no subscription fees or usage charges during the trial.
• We will remind you before the trial ends.
• Your plan starts on day 31. Unless you cancel before the trial ends, your paid plan starts automatically on the day after the trial ends. You do not need to do anything for it to start.
• The plan is based on your users on that day. Plan fees are charged for each user in your account on the day the plan starts. Up to 4 users is the Starter plan. 5 or more is the Scale plan.
• You can cancel at any time. Email support@brokertwin.com.au. If you cancel before the trial ends, no plan fees are charged and your access ends. We then return or delete your client information as set out in Client information and privacy. After your plan has started, Cancelling applies.
• We can also end the trial at any time by telling you in writing.

Plans and what you pay

Plan fees. Plan fees are charged for each user, each month, at the rates in your Confirmation. A user is each person who has their own sign-in to your account, including brokers, assistants and admin staff. The Scale plan is for accounts with 5 or more users.

Usage charges. Phone numbers and call minutes are charged separately, at the rates in your Confirmation. They are paid from a prepaid balance in your account. You add credit and choose a minimum balance and an amount to add. When your balance falls to the minimum, that amount is added automatically and charged to your payment method. You can also add credit yourself at any time.

GST. Prices do not include GST. We add GST where it applies and give you a tax invoice.

Billing. Plan fees are invoiced monthly in advance. After a trial, your first plan invoice is issued on the day your plan starts. Plan invoices are payable within 7 days. Each time credit is added to your usage balance, you are charged at that time and we send you a tax invoice.

Adding and removing users. A user added during a month is charged for the part of the month that remains. A user removed is no longer charged from the next billing month. If the number of users moves across the Scale threshold, your plan changes from the next billing month.

Late payment. If an invoice is overdue we will remind you. If it is still unpaid 7 days after the reminder, we may suspend the Service until it is paid.

Price changes. We give you at least 30 days' written notice before a price increase. You can cancel before the increase takes effect.

Cancelling

You can cancel at any time. There is no lock-in period. Email support@brokertwin.com.au. Your plan ends at the end of the billing month in which you tell us. Fees already paid for that month are not refunded, unless the Australian Consumer Law gives you a right to a refund.

We can end your plan too. We may end your plan by giving you at least 30 days' written notice. We refund any fees you have paid for a period after the end date.

Phone numbers. Phone numbers we supply are for use with the Service. If you want to keep a number after you leave, ask us before you cancel and we will tell you whether it can be moved.

Ending for a breach is covered in Suspension and ending for cause.

What the Service does

We provide the Service with due care and skill. The AI employee carries out the tasks you switch on, such as calling, intake and fact-finding, gathering documents, rate monitoring and follow-up.

Improvements. We may add to, change or improve the Service. If a change would materially reduce what you are paying for, we tell you in advance and you can cancel.

Support. We provide support by email, and we aim to reply within one business day.

What the Service does not do

It does not give advice. Broker Twin does not hold an Australian credit licence and does not provide credit assistance or advice of any kind. The AI employee is set up not to give advice, recommend a loan or a lender, or assess whether a loan is suitable. It is not your credit representative.

You must check its work. Call summaries, fact-find details, document checks, rate alerts and suggestions about who to contact are produced by software, including AI. They can be wrong or incomplete. You must review them before you rely on them or pass them to a client or a lender.

Lender rates can be out of date. Rate information comes from published and third-party sources. Confirm a rate with the lender before you act on it.

It does not guarantee results. We do not promise any particular saving, revenue, time saved or number of loans.

Your responsibilities

Your licence and the law. You hold, and will keep, the licence or authorisation you need to act as a mortgage broker. You remain responsible for all advice and credit assistance given to your clients, and for your obligations under the National Consumer Credit Protection Act 2009 (Cth), including responsible lending and the best interests duty. Tell us straight away if your licence or authorisation is suspended, cancelled or changed in a way that affects your use of the Service.

Your clients. You will:

• add only people who are your clients or enquirers and whom you are allowed to contact
• tell your clients, in your own privacy notices, that you use service providers, including an AI assistant that may call and message them and record calls
• hold the consents the law requires for calls, emails and text messages, and keep a record of them
• tell us promptly when a client asks not to be contacted, and not add that person again.

Your instructions. The settings, scripts and instructions you give the AI employee must be lawful, accurate and not misleading. You must not instruct it to give advice or to say it is a person.

Your account. Keep your sign-in details secure. You are responsible for what the people you give access to do in the Service. Tell us straight away if you suspect unauthorised access.

Your records. You remain responsible for keeping the records your licence and the law require. Export what you need to keep.

Acceptable use of the Service

You must not:

• use the Service to contact anyone unlawfully, or in a way that harasses or misleads them
• use the Service for anything other than your own mortgage broking business
• resell the Service, copy it, or use it to build a competing product
• try to get around the Service's security or limits, or test its security without our written agreement
• upload anything that is unlawful or that you have no right to share.

Contact rules the AI employee always follows

Whatever your settings, the AI employee:

• says it is an AI assistant and names your brokerage
• tells the person at the start if the call is recorded
• calls only within the hours the telemarketing rules allow
• stops contacting anyone who asks it to.

We may pause contact with a person, or a type of contact, if we reasonably believe it would break the law. We will tell you when we do.

Client information and privacy

It stays yours. Client information belongs to you and your clients. We use it only to provide the Service, as you instruct, as our privacy policy describes, or as the law requires. We do not sell it and we do not use it for our own marketing.

Security. We take reasonable technical and organisational steps to protect client information.

Providers. We use other companies to help provide the Service, such as cloud hosting, phone and messaging carriers and AI providers. We choose them with care and give them only what they need. Some process information overseas, as our privacy policy describes.

If there is a breach. If we become aware of unauthorised access to, or loss of, your client information, we tell you without undue delay and help you assess it and meet any duty to notify.

Requests from your clients. We help you respond when a client asks to see or correct their information.

Bank data. Bank data shared under the Consumer Data Right is handled as the Consumer Data Right rules require. Those rules apply over anything in these terms that is inconsistent with them. A client can withdraw consent at any time, and bank data is deleted when consent ends.

When you leave. For 30 days after your trial or plan ends, you can ask us for a copy of your client information in a common format. After that we delete it within a further 60 days, except for what the law requires us to keep and for backups, which are deleted on their normal cycle.

Statistics. We may use information that does not identify any person or brokerage to run and improve the Service.

Who owns what

We own the Service and everything in it. While your trial or plan runs, you have a right to use the Service for your own brokerage. The right cannot be transferred or shared outside your brokerage.

You own the content you put into the Service. You give us permission to host and process it so we can provide the Service.

If you send us ideas or feedback, we may use them freely.

Your name. We will not name your brokerage as a customer, or publish a case study about you, without your agreement.

Confidentiality

Each of us will keep the other's confidential information confidential, and use it only for the purposes of our agreement. This does not apply to information that is public, that the other already knew, or that the law requires to be disclosed.

Availability of the Service

We aim to keep the Service available and to do planned maintenance at quiet times. The Service depends on phone networks, banks, lenders' published information and the internet, which we do not control. We do not promise that the Service will be uninterrupted or free of errors.

Suspension and ending for cause

Either of us may end the agreement straight away, by written notice, if the other:

• commits a material breach and does not fix it within 14 days of being asked in writing, or
• becomes insolvent.

We may suspend or end the Service straight away if:

• your licence or authorisation is suspended or cancelled
• we reasonably believe your use of the Service is unlawful or is causing harm to other people, or
• a law, a regulator or one of our essential providers requires us to.

We will tell you why, and we will restore the Service once the problem is fixed, where that is possible.

When the agreement ends, you stop using the Service and pay the fees owed up to the end date. The terms that by their nature should continue, such as those about client information, confidentiality and liability, continue.

Your rights under the Australian Consumer Law

The Australian Consumer Law gives you guarantees that cannot be excluded, including that services will be provided with due care and skill. Nothing in these terms excludes, restricts or changes those guarantees or any other right that cannot lawfully be excluded.

Where the law allows us to limit our liability for failing to meet a guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

Liability

This section is subject to Your rights under the Australian Consumer Law.

Losses neither of us is liable for. Neither of us is liable to the other for loss of profit, revenue, business, opportunity or goodwill, or for any loss that does not arise naturally from the breach.

Cap. Each party's total liability to the other for all claims arising in any 12-month period is limited to the greater of the fees you paid us in that period and $1,000.

What the cap does not limit. The cap does not limit your obligation to pay fees, your liability under Claims caused by your use, liability for fraud or deliberate wrongdoing, or any liability that cannot lawfully be limited.

Shared responsibility. A party's liability is reduced to the extent that the other party, or its people, caused or contributed to the loss. Each of us must take reasonable steps to reduce our loss.

The website. We provide this website as general information. To the extent the law allows, we are not liable for loss caused by relying on it.

Claims caused by your use

You will cover our loss, including reasonable legal costs, from a claim or action by a third party or a regulator, to the extent it is caused by:

• your breach of Your responsibilities, or
• your unlawful use of the Service.

This does not apply to the extent that we caused or contributed to the loss. We will tell you promptly about any such claim, take reasonable steps to reduce the loss, and give you a reasonable opportunity to help respond to it.

Events outside our control

Neither of us is liable for a delay or failure caused by something beyond our reasonable control, such as a network or power failure, a natural disaster or a change in law. This does not excuse a failure to pay fees that are due.

Changes to these terms

We may update these terms. The date at the top shows when they were last updated.

For brokerages using the Service, we give at least 30 days' written notice of any change that reduces your rights or adds to your obligations. You can cancel before the change takes effect, and we refund any fees paid for a period after you leave. A change that the law requires, or that does not disadvantage you, may take effect sooner.

General

Law. These terms are governed by the law of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.

Disputes. If we have a dispute, either of us may give the other written notice of it. We will each try in good faith to resolve it within 14 days before starting court proceedings. This does not stop either of us seeking urgent relief from a court.

Transfer. You may transfer your rights under these terms only with our written agreement, which we will not unreasonably withhold. We may transfer our rights and obligations to a successor that takes over the Broker Twin business, such as a company. We will tell you in writing, and you may cancel if you object.

Notices. We send notices to the email address you give us. You send notices to support@brokertwin.com.au.

Whole agreement. For a brokerage, the Confirmation and these terms are the whole agreement between us about the Service.

If part does not apply. If a court finds part of these terms invalid, the rest continues to apply.

No waiver. If either of us does not enforce a right straight away, we can still enforce it later.

Relationship. Nothing in these terms makes either of us the other's partner, agent or employee.

Contact us

Broker Twin (ABN 73 402 846 460)
Email: support@brokertwin.com.au
You can also use the contact form.