Arlee Hub Subscription Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING TO THE ARLEE HUB BROKER PLATFORM.
1. About These Terms
1.1 These Terms and Conditions (Subscription Terms) are entered into between EagleVisionX Pty Ltd ACN 685 353 968 ABN 30 685 353 968 (Arlee, we, us or our) and the broker, practice or agency that registers for a paid subscription to the Arlee Hub (Subscriber, you or your).
1.2 Arlee Hub is the broker-facing platform (including the broker portal and associated tools) made available by Arlee to mortgage and finance brokers on a subscription basis (Arlee Hub or the Platform), as distinct from the Arlee client mobile app used by homeowners, which is governed by the separate Arlee End User License Agreement.
1.3 By registering for, accessing, or paying for a subscription to the Arlee Hub, you accept and agree to be bound by these Subscription Terms. If you register on behalf of a company, practice or agency, you warrant that you have authority to bind that entity, and "you" refers to that entity.
1.4 These Subscription Terms apply in addition to any other terms referenced within the Arlee Hub, including our Privacy Policy and Acceptable Use requirements.
2. Eligibility
2.1 To subscribe to the Arlee Hub, you must: (a) be at least 18 years of age; (b) be a mortgage or finance broker (or a practice/agency employing or authorising such brokers) who holds, or whose relevant brokers hold, a valid Australian Credit Licence or current authorisation as a Credit Representative; and (c) provide accurate, current and complete registration and billing information.
2.2 You must promptly notify us if your (or any of your brokers') Australian Credit Licence or Credit Representative authorisation is suspended, cancelled, or otherwise ceases to be current. We may suspend or terminate your subscription under clause 8 if this occurs.
2.3 We may verify your licensing and registration details (including via ASIC Connect's Professional Registers) at any time.
3. Subscription Plans
3.1 The Arlee Hub is offered on a range of subscription plans, each providing access to the Platform's broker tools up to the client seat and broker seat limits published for that plan. The plans available to you, their inclusions and seat limits, and the current fee for each, are as published by us and shown to you before you subscribe.
3.2 If you exceed your plan's client seat or broker seat limit, we may require you to upgrade to a higher plan, and may charge additional fees for excess usage until you do so.
3.3 We may introduce new plans, or retire existing plans, at our discretion. Changes to the price of your plan, or to the features included in it, are subject to clause 9.
3.4 Free trial. We may offer a free trial period from time to time, at our discretion. Whether a trial applies to your subscription, and its length, will be as notified to you when you subscribe. During any trial you have full access to your plan and are not charged.
3.5 What happens at the end of a trial. At the end of any free trial, your subscription converts automatically to a paid subscription at the then-current fee for your plan, and the payment method you provided when subscribing is charged. If you do not wish to continue, you must cancel before the trial ends in accordance with clause 7. No fee is charged if you cancel during the trial.
3A. Beta Trial Phase
3A.1 Enrolling in the beta trial phase. By accepting these Subscription Terms, you are enrolling in the Arlee beta trial phase (the beta). This clause applies to you for as long as the beta continues. Where this clause is inconsistent with any other clause of these Subscription Terms, this clause prevails until the beta ends.
3A.2 Arlee is a pre-release product. You are getting an early version so that you can test it and tell us what is wrong with it. It is not a finished product, and we are not presenting it as one. Features may change, break, or be withdrawn during the beta.
3A.3 We make no commitment about accuracy or reliability. Every figure Arlee produces — borrowing capacity, projected positions, savings estimates, property values, anything Ask Arlee tells you or your client — is provided for testing and must be independently checked before you rely on it with a client. This reflects the position already set out in clauses 11.2 and 14, which apply in full during the beta.
3A.4 Keep your own records. Because Arlee is pre-release, do not treat it as your only record of anything that matters. Keep whatever records you keep today, in whatever system you keep them in, and continue to do so throughout the beta.
3A.5 Your clients' information. The information you and your clients enter is real personal information, and we treat it that way. We handle it in accordance with the Arlee privacy policy at arlee.com.au/privacy-policy, which applies in full during the beta. Being a pre-release product changes nothing about our obligations under the Privacy Act 1988 (Cth) or about how seriously we take them.
If you invite clients to use the Arlee app, they accept our terms and privacy policy themselves before they can see anything.
3A.6 Your obligations to your clients are unchanged. You remain solely responsible for the credit assistance you provide and for meeting your own obligations under your Australian Credit Licence or credit representative authorisation. Arlee is a tool you use; it does not provide credit assistance, financial advice or product recommendations to you or to your clients, and it does not change what you owe them.
3A.7 Telling us what is wrong is the point. We are asking you to find problems. If something looks wrong — a figure, a screen, a client-facing message — please tell us at support@arlee.com.au, including anything you think a client could misread.
3A.8 When the beta ends. Your enrolment ends automatically when the beta ends, without either of us having to do anything, and this clause stops applying from that date. We will tell you when the beta ends and confirm anything that changes for you. If you do not wish to use the Arlee Hub while it is in beta, you may cancel your subscription under clause 7.
4. Fees and Payment
4.1 Subscription fees are billed monthly in advance, in Australian dollars, exclusive of GST (which will be added at the applicable rate), via our third-party payment processor using your nominated payment method. Current fees for each plan are those published by us for that plan at the time of your subscription or renewal.
4.2 By providing a payment method, you authorise us (and our payment processor) to automatically charge that payment method for all fees due on each billing date, including at the end of a free trial under clause 3.5 and on each renewal under clause 5.
4.3 You are responsible for keeping your payment details current, valid and authorised for the applicable charges. You must notify us promptly of any changes.
4.4 Except as expressly stated in these Subscription Terms or as required by law, all fees are non-refundable, including where you do not use the Platform during a billing period.
5. Auto-Renewal
5.1 Your subscription automatically renews at the end of each monthly billing period for a further one-month period, at the then-current fee for your plan, unless you cancel in accordance with clause 7 before the renewal date. A free trial converts to a paid subscription in accordance with clause 3.5.
5.2 We may, but are not obliged to, send you a reminder before each renewal. Your continued subscription constitutes your authorisation for each renewal charge to be processed automatically.
5.3 You can view your current plan, your next renewal date and your billing history at any time through your Arlee Hub account.
6. Late or Failed Payment and Suspension
6.1 If a scheduled payment fails or is not received by the due date, we will notify you and may make further attempts to process the payment.
6.2 A failed or unpaid subscription payment may result in your subscription being suspended. While your subscription is suspended, access to the Arlee Hub is blocked for you and your Authorised Users, and your clients' access to the Arlee mobile app becomes read-only. We will notify you when this happens and tell you how to restore access. Access is restored once all outstanding fees are paid in full. Suspension does not affect your obligation to pay outstanding and accruing fees.
6.3 If payment remains outstanding for 30 days following suspension, we may terminate your subscription in accordance with clause 8 and deal with your account data in accordance with clause 13.
6.4 We may charge interest on overdue amounts at 10% per annum (or the maximum rate permitted by law, if lower), calculated daily, and may recover any reasonable costs (including collection agency or legal costs) incurred in recovering overdue amounts, to the extent permitted by law.
7. Cancellation
7.1 There is no lock-in contract. You may cancel your subscription at any time by giving us written notice to the address in clause 20, or through the billing management options available in your Arlee Hub account.
7.2 Cancellation takes effect at the end of your then-current billing period. You will retain access to the Arlee Hub until that date. No refund is payable for the remainder of a billing period already paid for. If you cancel during a free trial, cancellation takes effect at the end of the trial and no fee is charged.
7.3 We may decline to renew, or may cancel, your subscription without cause by giving you at least 30 days' notice, in addition to our immediate suspension and termination rights under clauses 6 and 8.
8. Suspension and Termination for Breach
8.1 In addition to clause 6, we may immediately suspend or terminate your access to the Arlee Hub, without notice and without liability to you, if:
(a) you breach these Subscription Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of us notifying you;
(b) you provide false, misleading, or materially outdated licensing, registration or billing information;
(c) your (or your relevant broker's) Australian Credit Licence or Credit Representative authorisation is suspended, cancelled, or lapses;
(d) you use, or permit use of, the Arlee Hub in breach of clause 10 (Restrictions on Use);
(e) you become insolvent, bankrupt, or enter external administration, receivership or similar process; or
(f) we reasonably believe your continued access poses a security, legal, reputational or regulatory risk to EagleVisionX Pty Ltd, other Subscribers, or their clients.
8.2 On termination for any reason, all outstanding and accrued fees become immediately due and payable, no further refund is payable, and your licence to access the Arlee Hub ends immediately.
9. Fee Changes
9.1 We may change the subscription price and the feature inclusions of any plan at any time. We will give you at least 90 days' notice (by email or in-app notice) before any change to the price of your subscription, or to the features included in your plan, takes effect. Your continued subscription after that date constitutes acceptance of the change.
10. Restrictions on Use
10.1 You must not, and must not permit any Authorised User or third party to:
(a) exceed your plan's client seat or broker seat limits without upgrading in accordance with clause 3.2;
(b) share, sell, sublicense, resell, white-label, or otherwise provide access to the Arlee Hub to any person outside your practice or business without our prior written consent;
(c) use the Arlee Hub to build, or to assist any third party to build, a competing product or service;
(d) reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, algorithms, models, or underlying data of the Arlee Hub, including Ask Arlee;
(e) use data mining, robots, screen scraping, or similar automated means to access or extract data from the Platform;
(f) use the Arlee Hub in breach of any applicable law, including the National Consumer Credit Protection Act 2009 (Cth), the Australian Consumer Law, or the Privacy Act 1988 (Cth); or
(g) represent that the Arlee Hub is your own proprietary technology, or that EagleVisionX Pty Ltd endorses, reviews, or is responsible for the credit assistance or advice you provide to your clients.
11. Your Warranties and Responsibilities
11.1 You warrant that: (a) you hold, and will maintain, all licences, registrations and authorisations required to lawfully provide credit assistance or broking services in Australia; (b) all information (including client data) you input into the Arlee Hub has been lawfully obtained and you have all necessary consents to input and process it via the Platform; and (c) you will comply with all applicable laws, including the NCCP Act and Privacy Act, in your use of the Arlee Hub and your dealings with your clients.
11.2 You are solely responsible for the credit assistance, advice, and services you provide to your clients. The Arlee Hub is a practice-management and productivity tool only; outputs (including from Ask Arlee) are general in nature, do not constitute credit assistance, financial, or legal advice, and must be independently verified by you before use with any client.
12. Intellectual Property
12.1 The Arlee Hub, including all software, content, trademarks, designs, visual interfaces, data models and other materials made available through it (Intellectual Property), is owned by or licensed to EagleVisionX Pty Ltd and is protected by intellectual property laws.
12.2 Subject to payment of applicable fees and compliance with these Subscription Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Arlee Hub for your internal business purposes during your subscription. No other rights are granted.
12.3 You must not copy, modify, or create derivative works of our Intellectual Property, or remove any proprietary notices, except as expressly permitted by these Subscription Terms.
13. Data and Confidentiality
13.1 As between you and us, you retain ownership of the client data you input into the Arlee Hub.
13.2 You grant us a licence to host, store, process, and use your data solely to provide, maintain, secure and improve the Arlee Hub, and to generate de-identified, aggregated analytics and insights (which do not identify you or any client), which we may use for product development, benchmarking, and marketing purposes.
13.3 On termination or cancellation of your subscription, we may retain your account data for a reasonable period of up to 90 days, during which you may request a copy of your client data by writing to us at the address in clause 20. After that period we may delete or de-identify it, except where retention is required by law or for the purposes of clause 6.4 (recovery of outstanding fees).
13.4 Each party must keep the other's confidential information confidential and only use it to perform its obligations under these Subscription Terms, except where disclosure is required by law.
14. Warranty Disclaimer and Limitation of Liability
14.1 To the maximum extent permitted by law, the Arlee Hub is provided "as is" and "as available", without warranties of any kind, whether express or implied.
14.2 To the maximum extent permitted by law, EagleVisionX Pty Ltd's total aggregate liability arising out of or in connection with these Subscription Terms, however arising (including in contract, tort or under statute), is limited to the total subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
14.3 To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or economic loss, including loss of profits, revenue, business opportunity, or data.
14.4 Nothing in these Subscription Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
15. Indemnity
15.1 You indemnify, and must keep indemnified, EagleVisionX Pty Ltd, its officers, employees and agents against any loss, damage, liability, cost, or expense (including reasonable legal costs on a full indemnity basis) arising from or in connection with: (a) your breach of these Subscription Terms; (b) the credit assistance, advice, or other services you provide to your clients; (c) your breach of any applicable law, including the NCCP Act or the Privacy Act 1988 (Cth); or (d) any claim by a third party (including any of your clients or Authorised Users) arising from your use of, or access to, the Arlee Hub.
16. Force Majeure
We are not liable for any failure or delay in performing our obligations under these Subscription Terms to the extent caused by circumstances beyond our reasonable control, including outages of third-party infrastructure, payment processors, or telecommunications networks.
17. Changes to These Terms
We may amend these Subscription Terms at any time by publishing an updated version through the Arlee Hub. We will give you reasonable notice (and at least 30 days' notice of any materially adverse change) where reasonably practicable. Your continued use of the Arlee Hub after a change takes effect constitutes acceptance of the updated terms. If you do not agree, you may cancel your subscription under clause 7.
18. General
18.1 Assignment. We may assign, novate, or transfer our rights and obligations under these Subscription Terms (including in connection with a sale of our business) without your consent. You may not assign or transfer your subscription without our prior written consent.
18.2 Entire agreement. These Subscription Terms (together with any documents referenced in them) constitute the entire agreement between you and us in relation to your Arlee Hub subscription, and supersede all prior discussions or agreements on that subject.
18.3 Severability. If any provision of these Subscription Terms is invalid or unenforceable, it is severed, and the remaining provisions continue in full force.
18.4 No waiver. A failure or delay by us in exercising any right under these Subscription Terms does not operate as a waiver of that right.
18.5 Notices. Notices to you may be given via email to your registered address or via in-app notification. Notices to us should be sent to the email address in clause 20.
19. Governing Law
These Subscription Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from these Subscription Terms are subject to the exclusive jurisdiction of the courts of Victoria, Australia.
20. How to Contact Us
If you need to contact us about these Subscription Terms, your subscription, billing, or the Arlee Hub, please use the following contact details:
EagleVisionX Pty Ltd
ABN 30 685 353 968 | ACN 685 353 968
Email: support@arlee.com.au