Terms of Service

Last Updated: May 19, 2025

1. Acceptance of Terms

By accessing the website at specialistbrokersaustralia.com (the "Site") or engaging Specialist Broker ("we," "us," or "our") for broker introduction services (the "Services"), you ("Client," "Broker," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access the Site or use the Services.

2. Description of Services

Specialist Broker connects Australian mortgage and finance professionals ("Brokers") to non-bank lenders, private lenders, and other specialist broker collaborators ("Lending Sources"). Our service is designed to help Brokers find solutions for their clients, particularly for scenarios that may be outside the scope of traditional panel lenders. We facilitate introductions between Brokers and Lending Sources. The specifics of any lending transaction, advice, or agreement are strictly between the Broker, their client, and the introduced Lending Source.

3. Client (Broker) Obligations

To enable us to provide the Services effectively, you agree to:

• Provide accurate, complete, and timely information regarding your funding inquiry or the scenario for which you seek an introduction.
• Ensure you have any necessary consents from your clients to share de-identified or relevant scenario information with us for the purpose of finding a suitable Lending Source.
• Act professionally and ethically in all dealings with Lending Sources to whom we introduce you.
• Conduct your own due diligence on any Lending Source we introduce. Specialist Broker makes no warranties or representations regarding the suitability, reliability, or performance of any Lending Source.

You represent and warrant that you are a licensed and practicing finance or mortgage professional in Australia, where applicable, and have the necessary authority to seek introductions for the scenarios you present.

4. Fees and Engagement Models

Our fees for the Services are structured based on the engagement model, as outlined on our Site and potentially in further agreement:

• Direct Lender Intro: For this model, Brokers typically pay nothing directly to Specialist Broker for the introduction. We may receive referral fees or commissions from Lending Sources for successful introductions. Brokers use the introduced services and engage with Lending Sources at their own discretion and are responsible for their own agreements and fee structures with their clients and the Lending Sources.
• Collaborate: In some instances, a Lending Source may prefer or require Specialist Broker to remain involved in a consulting capacity to support the Broker and provide comfort to the Lending Source. Such arrangements are typically based on a revenue share model. All terms, including the specifics of the revenue share, will be subject to mutual written agreement between Specialist Broker, the Broker, and potentially the Lending Source on a case-by-case basis before any such collaboration proceeds.
• Broker Intro (to other Specialist Brokers): When a direct introduction to a Lending Source is not the optimal path, or if initial introductions do not yield results, we may, with your consent, introduce you to other specialist broker collaborators within our broader network. The working arrangement, including any referral fees, commissions, or fee-sharing between brokers, or any fees charged to end borrowers, will depend entirely on the agreement between the involved broker parties and is their responsibility to define and agree upon. Specialist Broker may or may not be a party to such fee arrangements, as determined on a case-by-case basis.

All arrangements where fees might be payable by you (the Broker), or from revenue share, or charged to end borrowers as a result of our collaborative involvement, are subject to the explicit agreement of all relevant parties on a case-by-case basis. Our bias is to getting deals done, and we offer possibilities; you decide if the proposed arrangement works for you.

5. Confidentiality

We acknowledge that information you provide about specific scenarios may be sensitive. We agree to:

• Use your Confidential Information solely for the purpose of providing the Services (i.e., finding and facilitating suitable introductions).
• Maintain the confidentiality of your information using at least the same degree of care we use to protect our own confidential information, but not less than a reasonable degree of care.
• Not disclose your Confidential Information to any third party, except as necessary to make an introduction (with your prior explicit or implied consent for that purpose), as required by law, or as permitted under our Privacy Policy.

Your obligation is to keep confidential any proprietary information related to our network of Lending Sources or specific introduction details that are not publicly known, beyond what is necessary for your engagement with an introduced party.

These confidentiality obligations survive the termination of our engagement.

6. Intellectual Property

We retain all rights, title, and interest in and to our methodologies, network, and the general know-how involved in providing our Services. You retain all rights to your client relationships and the specific details of their scenarios that you manage.

7. Disclaimers and Limitation of Liability

• No Advice Provided: Specialist Broker provides an introduction and facilitation service only. We do not provide financial, legal, or credit advice to Brokers or their clients. Any information provided on our Site or in communications is for general informational purposes only and should not be construed as advice. Brokers are solely responsible for the advice they provide to their clients and for all aspects of their client engagement.
• No Guarantee of Funding or Specific Outcomes: While we strive to make valuable introductions, we do not guarantee that an introduction will result in a successful deal, funding, or any specific outcome. The decision to proceed with any transaction rests solely with the Broker, their client, and the introduced Lending Source.
• Introductions at Discretion: Brokers use the introduced Lending Sources and services we provide at their own discretion and risk. Specialist Broker is not a party to any agreement entered into between a Broker (or their client) and a Lending Source.
• Indemnification: You agree to indemnify and hold harmless Specialist Broker, its founder, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of our Services, your interactions with introduced Lending Sources, or the advice you provide to your clients.
• Services "As Is": The Services and the Site are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of Liability: To the maximum extent permitted by law, Specialist Broker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your access to or use of the Site or Services. Our total cumulative liability arising out of, or related to the Services or these Terms shall not exceed any nominal fee paid by you directly to us for a specific introduction service, or, if no such fee was paid, a maximum of AUD $100.

8. Term and Termination

These Terms remain in effect for as long as you use our Site or Services. We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. You may cease using our Services at any time.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on the Site and updating the "Last Updated" date. Your continued use of the Site or Services after such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: admin@specialistbrokersaustralia.com

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