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.
Third Party Services
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
RefundsNo refunds on Fees are offered except where required under law or as agreed at the absolute discretion of the Company.
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:
Modification of Terms
Use & Availability
Third Party DependenciesThe 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.
Liability & Indemnity
No WarrantyThe 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.
Electronic Communication, Amendment & Assignment