Lead Supply Terms

These terms govern the supply of leads by Settled Leads to you, in any vertical we supply. They apply from the moment you accept a lead, pay an invoice or use the broker portal, whichever happens first. Please read clause 8 (what we do not promise) and clause 11 (liability) carefully.

1. Parties and agreement

These terms are between Hayden Clive Mitchell trading as Interlink AI, ABN 60 460 171 068, operating as Settled Leads ("we", "us", "our") and the broker or brokerage that orders leads from us ("you").

Together with any written order, quote or confirmation we agree with you, these terms form the whole agreement between us and replace anything said or written beforehand. If an order and these terms conflict, the order wins for that order only.

We may update these terms. Changes apply to leads supplied after we notify you by email or portal notice. If a change materially disadvantages you, you may stop ordering and we will refund any prepaid balance for undelivered leads. We will not change the price of leads already ordered.

2. Your eligibility

You warrant that, for as long as you receive leads from us:

• You hold every licence, authorisation or accreditation required to deal in the products the leads relate to, or you act as an authorised representative of a person who does, and you will give us the licence or authorisation number on request. For credit leads that means an Australian Credit Licence or credit representative authorisation; for insurance, super or wealth leads it means an Australian Financial Services Licence or authorised representative status
• You will only accept leads in verticals you are licensed or accredited for, and you will tell us before taking leads in a new vertical
• You are acquiring leads for business purposes, not as a consumer
• You are not disqualified or banned from engaging in credit activities or providing financial services
• You will tell us within 5 business days if any of this stops being true

We may verify your licensing at any time and may suspend supply if we cannot.

3. What a lead is

A "lead" is a set of contact and enquiry details submitted by a person who has expressly consented to their details being passed to one licensed broker or adviser for the purpose of being contacted about the product or service they enquired about.

A lead normally includes name, mobile number, email address, suburb and state, the approximate amount, the purpose and the timeframe. The exact fields vary by vertical, and the vertical a lead belongs to is stated when it is delivered.

A lead is an enquiry. It is not an application, a pre-approval, a qualified appointment, a commitment to proceed, or any representation about the person's credit history, income, serviceability or likelihood of settling.

4. Exclusivity

Each lead is supplied to one broker only. We do not supply the same lead to another broker, and we do not resell it later.

Exclusivity applies to our supply of that lead. It does not and cannot mean the person has not independently approached, or will not independently approach, another broker, a bank, a comparison website or an aggregator on their own initiative. We have no control over that and give no assurance about it.

5. Orders, pricing and payment

• Price per lead and expected monthly volume are agreed with you in writing before supply begins. Prices are in Australian dollars and, unless stated otherwise, exclude GST. We are registered for GST, so GST is added to invoices and a tax invoice is issued.
• We may change pricing for future orders on 30 days written notice. Leads already ordered or prepaid are unaffected.
• Unless agreed otherwise, leads are prepaid. Where we invoice in arrears, payment is due within 7 days of the invoice date.
• Overdue amounts may attract interest at 2% above the Reserve Bank of Australia cash rate, calculated daily, and we may recover reasonable costs of recovery.
• We may pause delivery while an account is overdue.
• Volume is an estimate, not a guarantee. Lead flow depends on consumer demand, advertising performance and platform conditions.
• Prepaid credit for undelivered leads is refundable on request if we cannot supply within a reasonable period. Delivered leads are not refundable except under clause 6.

6. Replacement policy

We replace a lead free of charge where, within 5 business days of delivery, you report and we reasonably verify that:

• The phone number is disconnected, invalid, or does not belong to the person named
• The contact details are materially false or duplicated from a lead already supplied to you
• The person did not in fact submit an enquiry

To claim, report it through the portal or by email with the lead reference and what happened. We may ask for call records or attempt logs.

Replacement, or a credit at our option, is your sole remedy for a faulty lead, subject to clause 11.1.

7. Your obligations

You must, at your own cost:

• Contact leads only about the enquiry they submitted, and stop contacting anyone who asks you to stop
• Comply with the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the National Consumer Credit Protection Act 2009 (Cth) and the Australian Consumer Law
• Maintain your own privacy policy and handle lead data in accordance with it
• Use lead data only for your own licensed broking or advice activities. You must not resell, sublicense, share, syndicate or transfer lead data to any other broker, marketer, aggregator or third party
• Not add leads to unrelated marketing lists or use them for any product other than the one enquired about, unless the person separately consents
• Keep lead data secure and delete it when you no longer have a lawful basis to hold it
• Not make representations about Settled Leads or any of our consumer brands to consumers without our written consent

Breach of this clause is a material breach and we may terminate immediately.

8. What we do not promise

This clause is important. To the extent permitted by law, we do not promise, warrant or represent that:

• Any lead will answer the phone, respond, or engage with you
• Any lead will apply for, be approved for, or complete any loan, policy, facility or other product
• Any particular conversion rate, settlement rate, commission or return on investment will be achieved
• Any particular volume of leads will be available in any period
• The person's stated amount, purpose, timeframe or circumstances are accurate. These are self-reported by the consumer and we do not verify them

Any figures, examples or estimates we mention in conversation or marketing are illustrative only. Your results depend on your own follow-up speed, sales process, licensing, lender panel and market conditions, all of which are outside our control.

9. Privacy and data protection

Each of us is an independent controller of the personal information we hold. We are responsible for lawfully collecting the lead and obtaining the consumer's consent to disclose it to one broker. You are responsible for everything you do with it after delivery.

You must notify us within 48 hours if you become aware of any unauthorised access to, or disclosure or loss of, lead data, so that we can meet our obligations under the Notifiable Data Breaches scheme. We will cooperate with you on the same basis.

Our handling of personal information is set out in our Privacy Policy.

10. Intellectual property and confidentiality

We own all intellectual property in our websites, brands, funnels, systems, portal and processes. You get no rights in them other than the right to use lead data for your own licensed broking or advice activities.

You must not scrape, copy, reverse engineer, or attempt to replicate our lead sources, funnels or systems, and must not use our marks without written consent.

Each party must keep the other's non-public commercial information confidential, including pricing, and use it only for this agreement. This survives termination for 3 years.

11. Liability

11.1 Consumer guarantees. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability under the Australian Consumer Law can be limited, it is limited, at our option, to resupplying the leads or paying the cost of having them resupplied.

11.2 Cap. Subject to clause 11.1, our total aggregate liability to you for all claims arising out of or in connection with this agreement is capped at the total amount you paid us for leads in the 3 months immediately before the event giving rise to the claim.

11.3 Excluded loss. Subject to clause 11.1, neither party is liable for loss of profit, loss of revenue, loss of opportunity, loss of anticipated commission, loss of goodwill, loss of data, or any indirect or consequential loss, however arising.

11.4 Your responsibility. We are not liable for any fine, penalty, complaint or claim arising from how you contact leads, including any breach by you of the Do Not Call Register Act, the Spam Act or the Privacy Act.

12. Indemnity

You indemnify us against all loss, damage, cost, penalty and reasonable legal expense we suffer arising from your breach of clause 7 (your obligations), your misuse of lead data, or any claim by a consumer or regulator relating to your contact with, or handling of information about, a lead after delivery. This indemnity is reduced to the extent our own act or omission caused the loss.

13. Suspension and termination

• Either party may stop ordering or supplying at any time on 7 days written notice. There is no minimum term, no retainer and no lock-in.
• We may suspend or terminate immediately if you breach clause 2 or clause 7, if your account is more than 14 days overdue, if you become insolvent, or if we reasonably believe your conduct exposes consumers or us to legal risk or reputational harm.
• On termination you must stop using lead data for new outreach, other than to complete enquiries already underway, and must continue to protect it.
• Clauses 9, 10, 11, 12 and 14 survive termination.

14. Disputes

Before starting proceedings, the parties must first try to resolve the dispute by written notice setting out the issue, then a discussion between decision makers within 10 business days. This does not prevent either party seeking urgent interlocutory relief.

15. General

• Governing law. Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of its courts.
• Relationship. We are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship, and neither party may bind the other.
• Assignment. You may not assign without our written consent. We may assign as part of a sale or restructure of the business.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including platform outages, advertising account suspensions or changes in law.
• Severance. If a provision is unenforceable it is severed and the rest continues.
• Waiver. A failure to enforce a right is not a waiver of it.
• Notices. Notices to us go to hayden@interlinkai.io. Notices to you go to the email on your account.