Terms of Use and Partner Participation Agreement

1.1In this Agreement:

• Company means DAS Financial Pty Ltd, trading as DAS Money, and includes its successors and permitted assigns.
• Platform means the DAS Money Partner website, mobile applications, systems, dashboards, referral facilities, communications infrastructure and associated services.
• Partner means any individual, company, professional adviser, intermediary, referrer or other person who registers for, accesses or participates in the DAS Money Partner program.
• Applicant means a person who has registered an interest in the Platform but whose application has not been approved.
• Client means any individual or entity introduced or proposed to be introduced through the Platform.
• Provider means any appropriately authorised lender, broker, payment provider, financial services provider or other independent business offering products or services through the relevant arrangements.
• Referral means an introduction or transmission of information expressly permitted under an applicable written agreement and relevant law.
• Rewards means any commission, fee, incentive, loyalty benefit, points entitlement or other consideration expressly approved under a separate written arrangement.
• Applicable Law means all applicable Commonwealth, State and Territory legislation, regulations, regulatory instruments and binding legal obligations.

1.2References to the Company do not automatically make any related company or Provider a contracting party.

1.3Headings are for convenience and do not affect interpretation.

2.1By registering, creating an account, selecting an acceptance checkbox or otherwise expressly accepting these Terms through the Platform, the Partner agrees to be legally bound by this Agreement.

2.2An Applicant joining a waitlist agrees only to the provisions relevant to registration, permitted website use, intellectual property, confidentiality, privacy and other applicable preliminary obligations.

2.3Waitlist registration does not constitute admission into the Partner program, appointment as an agent or authority to undertake referrals on behalf of the Company.

2.4Participation as an approved Partner commences only when the Company confirms acceptance in writing and any required separate agreements have been executed.

2.5A person accepting this Agreement on behalf of a company represents that the person has authority to bind that company.

2.6A person without that authority must not accept this Agreement on the company’s behalf.

3.1The Company may assess applicants having regard to professional qualifications, identity, business activities, regulatory status, reputational considerations, compliance history and legitimate commercial suitability.

3.2Registration does not create an entitlement to approval, future work, referrals, commissions, account access or continued participation.

3.3Approval may be conditional upon satisfactory identification, verification, due diligence, licence verification, compliance training and execution of additional documents.

3.4Applicants and Partners must provide information that is accurate, complete and not misleading and must promptly update material changes.

3.5The Company may refuse an application for lawful and legitimate business, operational, regulatory or risk-management reasons.

3.6The Company is not obliged to disclose confidential assessment methodologies or commercially sensitive information, except where disclosure is required by law.

4.1The Platform is intended to facilitate business introductions, communications, administration, professional collaboration and access to products or services supplied by appropriately authorised persons.

4.2The Platform does not itself guarantee access to any financial product, loan, payment facility, investment or professional service.

4.3Neither the Company’s operation of the Platform nor a Partner’s registration represents that the Company or Partner holds any particular regulatory licence or authorisation.

4.4Regulated services may only be supplied by persons legally entitled to provide them.

4.5The Company may determine which products, services and features are available, subject to contractual commitments and Applicable Law.

4.6Information displayed through the Platform may be preliminary, conditional, generated by third-party systems or dependent upon subsequent verification.

5.1Each Partner is independently responsible for complying with Applicable Law relevant to its activities.

5.2Unless appropriately licensed, authorised or exempt, a Partner must not:

• provide regulated credit assistance;
• recommend or suggest a particular credit contract as suitable for a consumer;
• provide regulated financial product advice;
• arrange, negotiate or procure regulated financial products;
• represent itself as a credit representative or financial services representative;
• provide regulated tax agent or BAS agent services;
• provide legal services requiring professional authorisation; or
• undertake any other activity requiring a licence, registration or statutory authorisation.

5.3Any reliance upon an exemption for credit referrals must comply strictly with all applicable statutory conditions, including any required written referral agreement, permitted scope of conduct, client consent and remuneration disclosures.

5.4A Partner must not assume that this Agreement, by itself, constitutes the written arrangement required to rely upon a statutory referral exemption.

5.5The Company may restrict a Partner’s activities where reasonably necessary to comply with law, licence conditions, Provider requirements or regulatory obligations.

5.6The Partner must promptly notify the Company of any suspension, cancellation, restriction or material change affecting the Partner’s professional registration, licence or legal ability to undertake permitted activities.

6.1Referrals may only be submitted in accordance with an applicable approved referral arrangement and the Platform’s documented requirements.

6.2Before disclosing a Client’s personal information, the Partner must have a lawful basis for the disclosure and must obtain any consent required by Applicable Law.

6.3The Partner must make all required disclosures to the Client concerning commissions, benefits, incentives, relationships and any material conflicts of interest.

6.4A Referral does not guarantee that the Client will be contacted, accepted, approved, funded, onboarded or supplied with services.

6.5Providers retain responsibility for decisions properly falling within their own business, legal or regulatory functions.

6.6A Partner must not promise interest rates, loan approvals, financial returns, settlement dates, Provider acceptance or other outcomes unless expressly authorised to communicate verified information.

6.7The Company may reject or investigate referrals that are incomplete, duplicated, fraudulent, unauthorised or otherwise non-compliant.

6.8Referral attribution will be determined under the applicable written Referral Schedule, using relevant submission records and other reasonably reliable evidence.

6.9The Company must act reasonably and in good faith when resolving disputed referral attribution.

6.10A Partner must not submit fabricated referrals, recycle existing referrals under false identities or manipulate Platform records to obtain rewards.

7.1No commission, fee, loyalty benefit or reward is payable merely because a person joins the waitlist, registers for the Platform or introduces a prospective Client.

7.2Any entitlement to remuneration must be established under a separate written Referral Schedule, Commission Agreement or Rewards Schedule approved by the Company and accepted by the relevant Partner.

7.3The applicable schedule must identify, where relevant:

• qualifying transactions;
• the applicable rate or calculation method;
• the circumstances in which an entitlement is earned;
• verification and payment arrangements;
• GST treatment;
• exclusions and duplicate-referral rules;
• lender or Provider clawbacks;
• whether any ongoing or trail remuneration applies; and
• treatment of pending transactions following termination.

7.4Unless expressly agreed in the applicable schedule, the Company makes no promise of minimum earnings, transaction volume, ongoing commissions or rewards.

7.5Provisional amounts displayed in the Platform are indicative only and do not become payable until the agreed qualifying conditions have been satisfied.

7.6Where a commission is conditional upon actual receipt of cleared remuneration from a Provider, that condition must be expressly disclosed in the applicable Commission Agreement.

7.7Any clawback or adjustment must be supported by the applicable written schedule and must be calculated reasonably, transparently and consistently with Applicable Law.

7.8The Company must not withhold an otherwise valid and undisputed entitlement arbitrarily.

7.9A disputed amount may be subject to reasonable investigation, but undisputed amounts that are due must be paid in accordance with the applicable agreement.

7.10Loyalty points or non-cash benefits, if offered, are subject to the specific rules of the applicable approved program. No affiliation with a third-party loyalty operator is represented unless formally authorised.

8.1Unless expressly agreed otherwise in writing, the Partner participates as an independent business operator.

8.2This Agreement does not create a partnership at law, employment relationship, joint venture, franchise, fiduciary appointment or general agency.

8.3A Partner has no authority to enter into contracts, incur liabilities, make warranties or bind the Company without express written authorisation.

8.4A Partner is responsible for its own business expenses and applicable taxation obligations, subject to statutory requirements.

8.5Nothing in this clause overrides rights or obligations arising from the true legal character of the relationship under Applicable Law.

9.1Each Partner represents and warrants, on an ongoing basis, that:

• information supplied to the Company is materially accurate;
• the Partner is legally entitled to undertake its activities;
• the Partner will not engage in misleading, deceptive, fraudulent or unlawful conduct;
• the Partner will comply with all applicable professional duties;
• the Partner will not misuse Client information;
• the Partner will disclose material conflicts of interest;
• the Partner will not misrepresent its association with the Company; and
• the Partner will comply with lawful and reasonable Platform security and compliance directions.

9.2A Partner must promptly notify the Company of suspected fraud, material errors, security incidents and relevant regulatory breaches involving the Platform.

9.3A Partner must not charge a Client any fee in connection with a regulated referral where doing so would contravene Applicable Law or an applicable referral exemption.

10.1Each party must protect confidential information received from the other party and use it only for authorised purposes associated with the relationship.

10.2Confidential information includes non-public commercial arrangements, commission structures, business plans, system architecture, security information, customer information, commercial strategies and proprietary material.

10.3Confidential information may be disclosed to professional advisers, personnel and service providers with a legitimate need to know, provided appropriate confidentiality protections apply.

10.4Disclosure is also permitted where required by law, court order, regulatory obligation or competent authority.

10.5Confidentiality does not apply to information that is lawfully public, independently developed without misuse, or lawfully received from an unrestricted third party.

10.6The confidentiality obligations survive termination for so long as the information remains confidential.

11.1All intellectual property in the DAS Money name, DAS logo, brand identity, Platform design, software, source code, proprietary documents, workflows, systems, databases and original content remains vested in its lawful owner.

11.2Access to the Platform does not transfer intellectual property ownership.

11.3The Partner receives a limited, revocable, non-exclusive, non-transferable permission to use approved materials strictly for authorised participation in the Partner program.

11.4The Partner must not, without prior written authority:

• reproduce or commercially exploit proprietary Platform materials;
• use the DAS Money brand in a misleading manner;
• register confusingly similar domains or social media accounts;
• remove copyright or proprietary notices;
• reverse engineer software except to the extent permitted by law; or
• hold itself out as the owner or operator of DAS Money.

11.5The Partner retains ownership of its own pre-existing intellectual property.

11.6Client information and personal information must be handled in accordance with applicable privacy and other legal requirements and are not transferred merely by describing them as proprietary information.

11.7The Company may enforce its intellectual property rights through lawful remedies, including injunctive relief where available.

12.1Each party must comply with the Privacy Act 1988 (Cth), Australian Privacy Principles and other applicable privacy and information security laws to the extent applicable.

12.2Personal information may only be collected, accessed, used, stored and disclosed for lawful and authorised purposes.

12.3The Company may process information reasonably necessary for account administration, verification, referral processing, fraud prevention, security, compliance and provision of the Platform, as explained in its published Privacy Policy and relevant collection notices.

12.4Overseas disclosures, where relevant, must comply with applicable legal requirements and be addressed in the Company’s Privacy Policy.

12.5Partners must use reasonable administrative, physical and technical safeguards to protect Client information.

12.6Partners must not upload passwords, unnecessary identity documents, sensitive information or confidential financial records into unauthorised Platform areas.

12.7Each party must notify the other without undue delay after becoming aware of an actual or reasonably suspected material data breach affecting information shared under the relationship.

12.8Each party must cooperate reasonably in investigating and addressing such incidents.

12.9Statutory notification and remediation obligations remain unaffected by this Agreement.

12.10The Company may retain records where reasonably necessary for legitimate business purposes, dispute management and legal or regulatory compliance, subject to applicable retention and deletion requirements.

13.1Partners are responsible for maintaining appropriate security over their account credentials.

13.2Accounts must not be shared with unauthorised persons.

13.3Partners must not interfere with Platform security, introduce malicious code, conduct unauthorised scraping, attempt unauthorised access or disrupt Platform operations.

13.4The Company may implement identity verification, multi-factor authentication, audit logging, access controls and reasonable security monitoring.

13.5Where reasonably necessary to manage an actual or suspected security, legal or regulatory risk, the Company may temporarily restrict access while investigating.

13.6The Company will provide notice and an opportunity to respond where reasonably practicable and legally appropriate.

14.1The Company will use reasonable care and skill in providing services it undertakes to supply.

14.2Continuous uninterrupted access is not guaranteed.

14.3Platform availability may be affected by maintenance, communications failures, cybersecurity events and failures of third-party systems.

14.4Products or services supplied by independent Providers may be governed by separate contracts between those Providers and their customers.

14.5The Company is not automatically responsible for every act or omission of an independent Provider merely because that Provider is accessible through the Platform.

14.6Nothing in this clause excludes liability which the Company has under Applicable Law for its own conduct or for persons for whom it is legally responsible.

15.1The Platform does not guarantee loan approvals, credit limits, investment outcomes, returns, interest rates, refinancing outcomes, financial savings or commercial success.

15.2Information, calculators, dashboards, estimates and automated insights are provided for their stated purposes and are subject to any specifically applicable disclosures.

15.3Unless expressly stated and lawfully supplied by an appropriately authorised person, general Platform information does not constitute personalised credit, financial, legal or taxation advice.

15.4Clients should obtain advice from appropriately qualified and authorised persons where required.

15.5No provision excludes obligations arising from misleading or deceptive conduct, applicable consumer guarantees or other non-excludable legal duties.

16.1Nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee or liability to the extent that doing so is prohibited by Applicable Law.

16.2Subject to clause 16.1, neither party is liable to the other for remote or unforeseeable consequential loss arising from an ordinary contractual breach.

16.3Neither party is liable for loss to the extent caused by the other party’s own unlawful conduct, fraud, material contractual breach or failure to take reasonable steps to mitigate its loss.

16.4To the extent permitted by law, the Company’s aggregate contractual liability arising from the provision of the Platform is limited to the greater of:

• AUD $10,000; or
• the total commissions and fees paid or payable by the Company to the relevant Partner during the 12 months immediately preceding the event giving rise to the claim.

16.5Clause 16.4 does not limit the Company’s obligation to pay validly accrued, undisputed remuneration or liabilities that cannot lawfully be limited.

16.6The limitation does not apply to liability arising from the Company’s fraud or wilful misconduct.

16.7The parties acknowledge that the liability allocation is intended to be a reasonable allocation of commercial risk, having regard to the nature and value of the services and the availability of insurance.

16.8Nothing prevents a party from seeking relief or exercising rights before a court, regulator, ombudsman or other authority where legally entitled to do so.

17.1The Partner indemnifies the Company against reasonably incurred losses, damages, liabilities and third-party claims to the extent directly caused by:

• the Partner’s fraud or deliberate misconduct;
• the Partner’s unlawful referral or regulated activity;
• the Partner’s material breach of confidentiality or data security obligations;
• the Partner’s infringement of third-party intellectual property rights; or
• the Partner’s material breach of this Agreement.

17.2The indemnity does not apply to the extent the relevant loss was caused or contributed to by the Company’s negligence, unlawful conduct or material breach.

17.3The Company must take reasonable steps to mitigate its loss and must not recover the same loss more than once.

17.4The Company must provide reasonably available details supporting an indemnity claim and give the Partner an appropriate opportunity to respond.

17.5This indemnity survives termination in respect of matters arising before termination.

18.1Except where expressly agreed otherwise or imposed by Applicable Law, the contractual obligations under this Agreement are obligations of the contracting parties and do not, merely by reason of a person’s corporate office or employment, constitute personal contractual guarantees by the Company’s directors, officers or employees.

18.2Nothing in this Agreement prevents the enforcement of non-excludable statutory duties or liabilities imposed personally by law.

18.3A Partner must not represent that any director, officer or employee has personally guaranteed any obligation unless that guarantee has been expressly executed in writing by the relevant person.

19.1Either party may terminate the ongoing Partner relationship by giving written notice, subject to any separate written agreement governing specific transactions or services.

19.2The Company may suspend participation or terminate immediately where reasonably necessary because of:

• serious or repeated contractual breaches;
• fraud or suspected criminal conduct supported by reasonable grounds;
• material regulatory or licensing concerns;
• material security threats;
• material misuse of personal information; or
• conduct creating a substantial and reasonably identifiable risk to Clients, the Company or the Platform.

19.3For a remediable breach that does not create an urgent risk, the Company will ordinarily provide notice and a reasonable opportunity to remedy the breach before termination.

19.4Upon termination, Platform access may be disabled, confidential information must cease to be used except as lawfully permitted, and outstanding contractual obligations remain enforceable.

19.5Termination does not extinguish validly accrued payment entitlements.

19.6Pending referrals and future remuneration, including any trail commissions, will be dealt with under the applicable written Commission Agreement or Referral Schedule.

19.7Clauses intended by their nature to survive termination, including confidentiality, intellectual property, accrued payments, liability, indemnity and dispute resolution, survive to the extent legally permissible.

20.1A party raising a contractual dispute should first provide written notice describing the dispute and the remedy sought.

20.2The parties must make reasonable attempts to resolve the dispute in good faith within 14 days, or such longer period as they agree.

20.3Either party may then propose mediation by an independent mediator agreed between them.

20.4Neither party is prevented from seeking urgent interlocutory relief, pursuing statutory remedies or referring an eligible complaint to a regulatory or external dispute resolution body.

20.5Any statutory complaint-handling or external dispute resolution rights prevail over inconsistent provisions of this Agreement.

21.1The Company may update these Terms for legitimate legal, security, regulatory, technological or operational reasons.

21.2Where a change materially affects existing contractual rights or obligations, the Company will provide reasonable advance notice unless urgent legal or security circumstances make that impracticable.

21.3A material adverse change to future Partner participation will not ordinarily take effect until the Partner has received notice and an opportunity to terminate before the change becomes effective.

21.4Amendments do not retrospectively extinguish accrued payment entitlements or existing causes of action.

21.5Any variation to an agreed commission rate or payment entitlement must comply with the relevant written Commission Agreement.

22.1This Agreement is governed by the laws of New South Wales, Australia.

22.2Subject to applicable mandatory statutory rights and jurisdictional requirements, the parties submit to the non-exclusive jurisdiction of courts competent to hear disputes arising under this Agreement in New South Wales.

23.1If any provision is invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law.

23.2A failure or delay in exercising a contractual right does not, of itself, constitute a waiver of that right.

23.3A waiver must be in writing and is limited to the matter expressly identified.

23.4A Partner may not transfer its Partner account or assign its rights and obligations without the Company’s prior written consent, such consent not to be unreasonably withheld.

23.5The Company may assign this Agreement as part of a genuine business restructuring or sale, provided the assignment does not materially diminish the Partner’s existing contractual rights and is otherwise lawful.

23.6This Agreement, together with applicable approved written schedules, constitutes the agreement between the relevant parties in respect of its subject matter.

23.7Where a separately executed commercial schedule expressly governs a specific matter, that schedule prevails over inconsistent general provisions to the extent of the inconsistency, unless prohibited by law.

23.8Electronic acceptance and electronic records may be used to evidence agreement in accordance with Applicable Law.

24.1For legal notices, privacy enquiries, contractual concerns or complaints concerning DAS Money Partner:

24.2DAS Financial Pty Ltd, trading as DAS Money

• Email: contact@das.money
• Registered office: [Insert verified registered office]
• ACN: 698 405 435
• ABN: 29 698 405 435

24.3Effective Date: 1 October 2026