Terms of Use

1. Use of the site

You may use this site for lawful purposes and to learn about and enquire about our services. You agree not to misuse the site, interfere with its operation, introduce anything harmful, scrape or harvest it by automated means, or attempt to access it other than through the interface we provide.

2. Enquiries and quotes

Submitting an enquiry or quote request doesn’t create a contract and doesn’t oblige either of us to proceed. Any work we do for you is governed by a separate written agreement, such as a Scope of Work, that we agree with you before starting. Information on this site about our services is general and indicative only, and we may change it at any time.

3. Availability of the site

We don’t promise the site will be available, uninterrupted or error-free. We may change, suspend or withdraw any part of it at any time without notice.

4. Information you submit to us

When you submit an enquiry, correspond with us, or give us information in the course of an engagement, you grant us a non-exclusive, worldwide, royalty-free, irrevocable licence to store, copy, transmit, process, analyse and otherwise use that information for the purposes set out in our Privacy Policy. Those purposes include responding to you, delivering and administering our services, operating and improving our business and systems, and creating aggregated or de-identified insights. We may keep and continue to use aggregated and de-identified information indefinitely, including after our dealings with you end.

You acknowledge that we disclose information to third-party service providers, including AI providers and recipients outside Australia, as described in sections 4 and 7 of our Privacy Policy, and you consent to that disclosure. To the maximum extent the law allows, we are not liable for how those third parties handle information once it has been disclosed to them in accordance with that policy.

Don’t send us information you don’t want handled this way. Don’t send us confidential material through this site’s forms. If you need confidentiality, tell us first and we’ll put an appropriate agreement in place.

If you send us ideas, feedback or suggestions about our services, we may use them without restriction, obligation or payment to you.

5. How we contact you

If you submit an enquiry, you’re asking us to contact you about it, and you consent to us doing so by email, phone and SMS, including through automated systems that may respond immediately. Marketing communications are sent only where you’ve consented or where the law otherwise permits, and every one of them carries a way to opt out. Opting out of marketing won’t stop operational messages about an enquiry or engagement.

6. AI-assisted work

We use artificial intelligence tools across our business, including in producing research, documents, code, configurations and communications for clients. Output produced with AI assistance can be inaccurate, incomplete or out of date. We review our work before it goes to you, but to the maximum extent the law allows we give no warranty that AI-assisted output is accurate, complete, fit for a particular purpose, free of third-party rights, or suitable to be relied on without your own verification. You’re responsible for reviewing anything we deliver before you act on it or put it into production.

Our use of AI providers, the data disclosed to them, and the limits of our responsibility for their handling of it, are described in section 4 of our Privacy Policy.

7. No professional advice

Content on this site is general information only. It isn’t professional, legal, financial, tax or technical advice, and you shouldn’t rely on it as such. While we try to keep it accurate and current, we don’t warrant that it’s complete or error-free.

8. If we work together

Where we’re engaged to do work, the signed agreement for that engagement governs it. Where that agreement and these terms conflict, the signed agreement prevails. The following apply unless that agreement says otherwise.

• No warranty of results. We don’t warrant or guarantee any particular business outcome, including any volume or quality of leads, response or conversion rate, ranking, revenue, cost saving or return on investment. Examples, case studies, benchmarks and projections are illustrative, reflect specific circumstances, and aren’t a promise of your results.
• Third-party platforms. Our work commonly runs on platforms we don’t control, such as HubSpot, Google, Microsoft, Meta and telephony and email providers. We’re not liable for their availability, performance, API or policy changes, pricing changes, deliverability, data loss, account suspension or termination, or for any consequence of those things.
• What we need from you. Delivery depends on you providing accurate information, access, approvals and decisions when we need them. We’re not liable for delay, cost or failure caused by your acts or omissions, your data, your systems, or your third-party suppliers, and timeframes adjust accordingly.
• Estimates. Timeframes and estimates are given in good faith and aren’t guarantees, unless the signed agreement expressly states otherwise.
• What you own. On payment in full, you own the deliverables we produce for you and the configuration built in your own systems. You keep your accounts, your data and your platform access, and we don’t lock you in. We keep our pre-existing materials, tooling and know-how, and may reuse general skills and techniques.
• Compliance is yours. Where we build systems that send communications or process personal information, you’re responsible for how they’re used in your business and for your own compliance with privacy, spam, telemarketing and consumer law.

9. Your warranties and indemnity

You warrant that any information you give us, including personal information about other people, is information you’re entitled to provide, that you have made any disclosures and obtained any consents the law requires, and that our handling of it as described in our Privacy Policy won’t breach any law or any obligation you owe to someone else.

You indemnify us against any claim, loss, liability, cost or expense we incur arising from your breach of that warranty, your breach of these terms, your use of the site, or your use of anything we deliver.

10. Intellectual property

All content on this site, including text, design, graphics and logos, is owned by or licensed to BranchLead and protected by law. You may view and print it for your own reference. You may not copy, reproduce, adapt or use it commercially without our written permission.

11. Third-party links

Our site may link to third-party sites. We don’t control them and aren’t responsible for their content, availability or practices. Links don’t imply endorsement.

12. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that can’t lawfully be excluded, restricted or modified. The rest of this section applies only to the extent the law allows.

Where we’re liable for a failure to comply with a consumer guarantee in respect of services that aren’t of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited to supplying the services again, or paying the cost of having them supplied again, at our option.

Otherwise, and to the maximum extent permitted by law:

• we exclude all liability for any loss arising from your use of, or inability to use, this site or anything on it;
• we exclude liability for indirect, incidental, special or consequential loss, and for loss of profit, revenue, anticipated savings, business opportunity, goodwill, reputation or data, however it arises;
• our total aggregate liability arising out of or in connection with an engagement is limited to the total fees you have actually paid us under that engagement in the twelve months before the event giving rise to the claim; and
• our liability is reduced to the extent your own acts, omissions or breach caused or contributed to the loss.

Any claim must be brought within twelve months of the date you first became aware, or reasonably should have become aware, of the circumstances giving rise to it.

13. Privacy

Our handling of personal information is set out in our Privacy Policy, which forms part of these terms.

14. Governing law

These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.

15. General

If any part of these terms is found to be unenforceable, it’s severed and the rest continues to apply. A delay in enforcing a right isn’t a waiver of it. These terms, together with our Privacy Policy and any signed agreement between us, are the entire agreement on their subject matter.

16. Changes

We may update these terms from time to time. The current version is always on this page, with the date it was last updated at the top. Continuing to use the site after a change means you accept the updated terms.

17. Contact us

info@branchlead.com · +61 2 8105 5008 · Virture Pty Ltd t/a BranchLead, 81–83 Campbell Street, Surry Hills NSW 2010.

See also our Privacy Policy.