The Company provides the “EFFI” online customer relationship management system for mortgage brokers. Use of the EFFI is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
1.1 The licence granted under these Terms of Service shall be ongoing until terminated in accordance with these Terms of Service.
The Broker agrees:
The Broker agrees that all use of the Platform is subject to these Terms of Service and must immediately cease to use the Platform if the Broker can no longer agree or adhere to these Terms of Service.
The Company may suspend an Account or restrict the access of any Broker that breaches these Terms of Service.
General
Features
End Customers
Third Party Services
Referrals
The Platform is a paid service and the Brokers agrees to pay the applicable Fees.
The primary Fee to use the Platform shall be the Subscription Fee, which is payable in advance for any paid subscription.
The Broker agrees to provide a credit card through the Platform which will be charged monthly in advance for the Subscription Fee, unless agreed otherwise by the parties. Without provision of a valid credit card, the Broker agrees that it has no right to access a paid subscription.
Further and separate to the Subscription Fee, other Fees shall apply with respect to the Broker’s use of the Platform such as obtaining bank statements and sending messages with respect to End Customers.
Variation to Fees
Currency and Invoices
Refunds
No refunds on Fees are offered except where required under law or as agreed at the absolute discretion of the Company.Late Payment
The Company agrees to treat all Broker Data and Customer Data as Confidential Information under these Terms of Service.
The Broker agrees that the Company is not responsible for maintaining the confidentiality of any Broker Data or Customer Data by Users generally.
The Company does not guarantee the accuracy with respect to any information contained in any Broker Data. The Broker is entirely responsible for all Broker Data that is uploaded, posted, transmitted, or otherwise made available through the Platform, as well as for any actions taken by other Users or End Customers as a result of Broker Data.
By uploading Broker Data to the Platform, the Broker authorises the Company to process the Broker Data. The Broker is responsible for ensuring that:
Where the Company determines any Broker Data is illegal, offensive, indecent or objectionable in its sole discretion, then the Company may:
The Company shall not access, use, modify or otherwise deal with Broker Data except where required by compulsion of law or upon the Broker’s authority (such as to provide access to and support for the Platform).
The Broker grants the Company an immediate, worldwide, royalty-free license to use and incorporate the Broker Data within the Platform, for the purposes of providing the Platform to the Broker, for the duration of these Terms of Service.
The Company may use Broker Data in an aggregated or anonymised format for research, educational and other similar purposes. The Company may not otherwise use or display Broker Data without Broker’s written consent. The Company respects the Broker’s rights to exclusive ownership of their Broker Data. Unless specifically permitted by the Broker, the Broker’s use of the Platform does not grant the Company the license to use, reproduce, adapt, modify, publish or distribute the Broker Data created by the Broker or stored in the Account for the Company’s commercial, marketing or any similar purpose. The Broker expressly grants the Company the right to use and analyse aggregate system activity data associated with use of the Platform by the Broker and its Users for the purposes of optimizing, improving or enhancing the way the Platform operates, and to create new features and functionality in connection with the Platform in the sole discretion of the Company.
The Broker is solely responsible for its own Broker Data and the consequences of posting or publishing them on or through the Platform. In connection with Broker Data, the Broker affirms, represents, and warrants that:
The Company may permanently delete Broker Data from its systems on termination of these Terms of Service.
The Company has no liability to the Broker for any User that:
Licence
Modification of Terms
Software-as-a-Service
Support
Use & Availability
Non-disparagement
Privacy
Data
Intellectual Property
Third Party Dependencies
The Broker acknowledges and agrees that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services and third-party service providers, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.Confidentiality
Liability & Indemnity
No Warranty
The Company takes no responsibility for any harm or loss suffered by the Broker with respect to their services relationship with End Customers, and in particular the delay or failure for a home loan to complete, in which case the User shall have no recourse against the Company.Termination
Dispute Resolution
Electronic Communication, Amendment & Assignment
General
“Effi AI” means any feature(s) or functionality made available by Effi and labelled as Effi AI that utilise artificial intelligence, machine learning, or similar technologies.
From time to time, Effi may introduce features and capabilities as part of the Service that utilise Effi AI. Effi AI may be developed by Effi and/or Effi’s third-party providers, and are a part of the Service.
Effi does not use your data or permit others to use your data to train machine learning models used to provide the Effi AI or other large language models.
Your use of Effi AI is subject to fair usage restrictions. Effi may disable or degrade the performance of such Effi AI features at its sole discretion.
You may provide input to be processed by Effi AI (“Input”), and receive output generated and returned by Effi AI based on the Input (“Output”). When you use Effi AI, Input and Output are your own data. You are solely responsible for the development, content, operation, maintenance, and use of your own data. You will ensure that your Input and use of Effi AI and Output will not
You authorise Effi and its third-party providers to process your data to provide the Output. To the extent your Input contains Personal Information, you instruct Effi and its third-party providers to process such Personal Information for the purpose of providing the Output. You are solely responsible for any consequences arising from your disclosure of confidential, proprietary, personal or sensitive information through Effi AI, and you agree to indemnify, defend, and hold harmless Effi, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your disclosure of such information. You agree that Effi may use subprocessors to provide Effi AI to you.
You may not use Effi AI or Output (i) to develop foundation models or other large scale models that compete with Effi or Effi AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
Effi does not make any warranty as to the results that May be obtained from the use of Effi AI or the accuracy Of any other information obtained through Effi AI. You Understand and agree that any material and/or data Obtained through the use of any Effi AI feature is done At your sole risk. Effi does not warrant that outputs Will not infringe the intellectual property rights of Third parties, and you understand that you are solely Responsible for ensuring your compliance with Intellectual property laws. You should not rely on Factual assertions in output without independently fact Checking their accuracy. Outputs that appear accurate Because of their detail of specificity may still contain Material inaccuracies. Effi AI cannot dynamically Retrieve information, and outputs may not account for Events or changes to underlying facts occurring after The ai model was trained. No information or advice, Whether oral or written, obtained by you from Effi or Through Effi AI shall create any warranty not expressly Made herein. Effi AI cannot provide legal advice and is Not a substitute for a lawyer.
You acknowledge and agree that the Effi Al is a beta feature. You are not required to use, test, or trial any of the Effi Al features, and you do so at your own discretion and risk. These Terms and your rights and access to the Effi Al are limited and may be terminated by Effi at any time for any reason or no reason upon written notice thereof.
You may not use the Effi AI features in a manner that violates any OpenAI Policy, including their Content Policy;Sharing and Publication Policy; and Community Guidelines.
You acknowledge and agree that any ‘translated’ Output provided by Effi AI is not an official legal translation and may not be valid for official purposes. Any translated content may not meet legal requirements outside of Australia and is provided for informational purposes only. You are responsible for verifying the accuracy and appropriateness of any translations and for obtaining independent legal advice if necessary.
FinTrack is a Savings Tracker and Loan Tracker service (separate modules) that allows you to consolidate and track your financial information. FinTrack is available online through the Website. FinTrack performs periodic scans of statements for credit card accounts, bank accounts, and other financial accounts specified by the user (the “User Accounts”) to monitor for potentially unwanted and unauthorized charges such as hidden fees, billing errors, forgotten subscriptions, scams, and fraud. Effi is an CDR Representative Data Recipient under the Consumer Data Right (“CDR”) and uses a third party software platform provided by Yodlee Inc (“Yodlee”) to allow users to access their Account Information.
Effi enables your mortgage brokers (referred to as the “Broker”) to access your data by creating an account and sending you an invitation link designated by Effi. By accepting the invitation link and registering the account, you grant permission to the Broker to read, view, analyse, and edit your personal financial information and User Accounts data within your Effi account. However, it’s important to note that the Broker’s ability to edit your financial data is limited to certain aspects and excludes any manipulation of connected bank accounts. The use of Effi’s FinTrack services by the Broker is solely for internal business purposes, with the primary objective of servicing and assisting you with your financial needs.
We enter a separate contract with Broker which regulates Broker’s use of Services. You shall have a separate contract with the Broker which regulates the Broker’s use of your personal financial information and User Accounts data.
Effi provides the FinTrack Service as a tool to assist you in monitoring your User Accounts; however, Effi makes no guarantees that every questionable transaction will be identified.
Our FinTrack Service is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on this website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any purchase decision, security, insurance policy, or investment strategy. To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax or mortgage broker before taking action based on any suggestions or information on this site. Unless otherwise specified, you alone are solely responsible for determining whether any financial or insurance strategy, product, or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Broker’s access to or use of FinTrack Services is not an endorsement of that mortgage broker by us or a guarantee of that mortgage broker’s identity, quality, or availability. You should verify the accuracy of any information you obtain from the Broker before using such information. You agree to be solely responsible for your use of FinTrack Services and any information available through FinTrack Services.