Sherlok & InstantApply Platform Agreement

Item 1 Software Services

The ‘Software Services’ consist of the provision of access to and the use of the Sherlok Platform (including InstantApply) for the purposes of:

  1. Collecting data to streamline the process for your mortgage broker to pre-qualifying you for a refinance or new loan
  2. Commencement date
    a. the date the End User agrees to the Software Services Agreement

Item 2 Our Assumptions

The terms and pricing set out in this Agreement are based on the following assumptions:

  1. You acknowledge that we are not providing financial or credit advice. Any loan products identified using the Software Services may not be suitable and you will need to seek advice from your Mortgage Broker.
  2. Your Mortgage Broker is responsible for providing the Broking Services, which includes advising you about the suitability of any loan products that are identified using the Software Services, including the Repricing Assessment or Refinancing tools.
  3. You will provide us with all your information, including personal information, that we reasonably require to provide the Services (including information about your current loan products).
  4. The Content you provide to us will be up-to-date, accurate and complete.
  5. You acknowledge and approve of your personal information being made available to your Mortgage Broker

Item 3 Fees

The Software Service is offered free to end users as the service is paid for by the mortgage broker.

Item 4 Restrictions

The following restrictions apply in respect of the Software Services:

  1. You may only use the Software Services for your benefit and your loans;
  2. Your Users must only access the Sherlok Platform from within Australia, except with our prior written consent, which may be given or withdrawn in our discretion and may be subject to conditions.

Item 5 Application

  1. This Agreement applies to the supply of Deliverables by Sherlok Technology Pty Ltd ABN 55 622 971 402 to you (as defined in clause 3.1 below).
  2. By clicking the ‘I accept the terms and conditions’ box or button (or similar) when signing up to receive the Software Services from us, you accept and agree to be bound by the terms of this Agreement.
  3. The individual that clicks the ‘I accept the terms and conditions’ box personally warrants and represents that they have capacity to enter this Agreement on your behalf, and bind you to this Agreement.

Item 6 Background

  1. We are the provider of automated tools for mortgage brokers to streamline the process of obtaining and maintaining residential mortgages.
  2. You are a mortgage holder (End User) and have been invited to use Sherlok's software services.

Terms and Conditions

1. Definitions and interpretation

1.1 Definitions In this Agreement, all capitalised terms described in the Service Details have the meaning given to them in the Service Details and (unless the context requires otherwise):

  • Agreement means the Service Details, these terms and conditions, the Schedules to the terms, and any other applicable terms that we include with our products and services on our website (including product information sheets) at the time you enter this agreement;
  • Broking Services means the financing broking services that mortgage brokers provide to Clients (End Users), which includes advising Clients on the suitability of any loan products identified using the Software Services, including via the Repricing Assessment or Refinancing Savings tools;
  • Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in the Customer’s location specified in Item 3 of the Service Details;
  • Claim means any claim, action, proceeding or investigation of any nature or kind and includes the allegation or threat of a claim;
  • Confidential Information means the terms of this Agreement and all information belonging or relating to a party to this Agreement, whether oral, graphic, electronic, written or in any other form.
  • Content means any data, information, content or other material which: a. is uploaded by you or the Users via the Software Services, including any information about the Broking Services (including information about You); b. is provided by you to us to upload for access through the Software Services, including any information you provide to us about the Broking Services; or c. is processed via the Software Services, but excludes any information, content or material (including the Documentation) that we have provided to you and Content Outputs;
  • Deliverables means the Services, the Documentation and the Content Outputs;

2 Term

(a) This Agreement commences on the Commencement Date and continues for the Initial Term (unless extended or terminated in accordance with its terms). (b) At the end of the Initial Term, this Agreement will automatically extend for successive periods of 1 month each on the existing terms and conditions, until it is terminated in accordance with its terms.

3 Services

3.1 General (a) We agree to supply the Services and associated Documentation to you, and you agree to acquire them from us, at the prices and on the terms of this Agreement.

3.2 Implementation (a) We will promptly implement the Sherlok Platform ready for use by you as part of the Software Services after the Commencement Date.

Schedule 2 Service Level

  1. Up Time Service Level During the Term of the Agreement, we will endeavour to provide you with an Uptime Service Level of 99% availability.

  2. Service Restoration Time Service Level a) Service Restoration Time is the time taken by us to resolve a Defect affecting the Software Service from the time it was notified by you. b) Each Defect correctly raised through the Help Desk will be assigned a Priority Level by us with a corresponding Target Service Restoration Time, as per the table:

Priority Level Definition Target Service Restoration Time
1 Critical The Software Service is unavailable or completely inoperable 14 Support Hours from notification of the Defect
2 Essential The Software Service is available but one or more major functions is not available or is inoperable 28 Support Hours from notification of the Defect
3 Important The Software Service is available but one or more major functions is not available or is inoperable 70 Support Hours from notification of the Defect
4 Advice Any other Defects or the Software Service is available and is operating to specification but advice is required on operation 5 Business Days after we receive notification of the Defect

Sherlok and InstantApply Privacy Policy

At Sherlok, we believe that data and technology play a vital part in innovation. We practice responsible data collection, ensuring privacy, security and ethical considerations are in place.

  1. Privacy and Security Policy
    Sherlok Technology Pty Ltd recognises the importance of your privacy and that you have a right to control how your personal information is collected and used. By using our website at www.sherlok.com.au (including the Sherlok software portal and InstantApply) and/or providing your personal information to us, you consent to us handling your personal information in accordance with this Privacy Policy.

  2. Purposes for which personal information is collected, held, used and disclosed
    We will use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect. Generally, these purposes include:

    • providing you with products and services;
    • handling payments and refunds;
    • improving our products and services;
    • responding to your enquiries;
    • for our general business operations (for example, maintenance of our business records).
  3. Access and correction of your personal information
    You may lodge a request to correct the personal information we hold about you if you believe it is inaccurate, incomplete, out-of-date, or misleading; any such requests must be made in writing to us.