Terms of Service

1Who we are, and what these terms cover

1.1LeadGlue is software for real estate agencies that records leads, prompts staff to follow them up, and reports on the results. It is owned and operated by Wemark Tech Pty Ltd (ABN 33 702 092 966) of Adelaide, South Australia. In these terms, we, us and LeadGlue mean that company.

1.2Our director also owns Wemark Real Estate, a real estate agency in Adelaide run by a related company. Wemark Real Estate uses LeadGlue as a customer on these same terms. Clause 11.4 explains what that means for your data.

1.3You means the agency (the company, partnership or sole trader) whose account is being used. The person who accepts these terms on the agency's behalf warrants that they have authority to do so.

1.4These terms, the Privacy Policy at leadglue.com.au/privacy and any order or quote we send you together form the whole agreement between us for the use of LeadGlue. If they conflict, the order prevails over these terms, and these terms prevail over the Privacy Policy, except that on how personal information is collected, stored, used and disclosed the Privacy Policy prevails.

1.5You accept these terms by creating an agency account, by an Owner signing in for the first time, by ticking a box or pressing a button that refers to them, by paying an invoice for LeadGlue, or by continuing to use LeadGlue after we tell you the terms have changed, whichever comes first.

1.6LeadGlue is supplied to businesses only. It is not for personal, domestic or household use, and it is not for anyone under 18.

2Some words

Agency account your organisation's space in LeadGlue, with its own settings, brand, staff and data, walled off from every other agency.

Owner a person you have given the admin role. Owners can see everything in the agency account, add and remove Users, connect Connected Services, launch ads and change settings.

User any person you give a login to, Owners included.

Seat one active User login. Deactivated logins do not count.

Your Data everything entered into or received by your agency account: leads and their details, call notes, appointments, proposals, letters, messages between your staff, your logo and brand, and your settings.

Lead a person whose details are recorded in your agency account as a potential vendor, landlord, buyer or tenant.

Connected Service a third-party service a User or Owner links to LeadGlue, such as Google Calendar, Gmail, a Facebook Page, a Meta ad account, or a Google Ads lead form.

Fees the subscription and any other charges set out in clause 5 or your order.

Order the order, quote or plan confirmation we send you that records your plan, Seats and Fees.

Business day a day other than a Saturday, Sunday or public holiday in South Australia.

3Your account and your people

3.1We create your agency account and give your first Owner a setup link. From then on, your Owners add and remove Users. You must make sure every User follows these terms. You are responsible for who you let in and for everything done under your Users' logins, whether or not you authorised it, unless it results from our breach of clause 7.7, 11 or 13.

3.2Each login is for one named person. Logins are not to be shared. Each User must keep their password to themselves and tell an Owner at once if they think it has been exposed.

3.3When a person leaves your agency, an Owner should deactivate their login the same day. Their record and the history of their work stays in your account so that your lead history has no gaps, as the Privacy Policy explains.

3.4You must give us accurate details for your agency and keep them current: legal name, ABN, a contact email that is read, and a phone number. Clause 19.3 says when a notice sent to that email is taken to be received.

3.5You must hold, and keep holding, whatever licence or registration your state or territory requires to carry on a real estate agency business. If you lose it, tell us within 7 days.

4Free trial

4.1A new agency account starts on a free trial. We tell you how long it is when we set you up; if we do not, it is 30 days. During the trial LeadGlue works fully and no Fees are payable.

4.2At the end of the trial your account is put on hold unless a paid plan has been agreed. On hold, Users cannot sign in but Your Data is kept. A hold that lasts 90 days is treated as a cancellation under clause 14, and Your Data is then deleted as clause 14.5 describes.

4.3We may extend, shorten or end a trial at any time, and we may refuse a trial to anyone. One trial per agency.

5Fees and payment

5.1The Fees are set out in your Order. If you have no Order, the Fees are those on the price list we publish or send you at the time your trial ends. Fees are usually a monthly charge for an agency with a set number of Seats, plus a charge for each further Seat, with a discount for a plan paid yearly in advance. All Fees are in Australian dollars and exclude GST. GST is added at the rate that applies only if and when we are registered for GST; while we are not registered, no GST is charged and our invoices are not tax invoices.

5.2Seats are counted on the first day of each billing period. Adding a Seat during a period is charged on the next invoice from the day it was added. Removing a Seat takes effect from the next billing period.

5.3We invoice in advance, monthly or yearly as your Order says, and each invoice is due 14 days after its date. Until we offer card payment, invoices are paid by bank transfer to the account shown on the invoice. If we offer card payment and you choose it, you authorise us to charge that card for each invoice when it is due. Card details are held by our payment provider, not by us.

5.4A yearly plan renews for a further year unless cancelled under clause 14.1 before the renewal date. We will email your Owners at least 30 days before a yearly renewal to remind you of the date and the Fees.

5.5If an invoice is more than 14 days overdue we may put your account on hold under clause 14.2 after giving you 5 Business days' written notice. Users cannot sign in while an account is on hold; leads keep arriving and are kept, but nobody is prompted to call them. Payment lifts the hold. You must pay our reasonable costs of recovering an amount that is more than 30 days overdue.

5.6We may change the Fees by giving you at least 30 days' written notice. A change takes effect from your next billing period after the notice. If you are on a yearly plan, the change takes effect at your next renewal. If you do not accept the change you may cancel under clause 14.1 before it takes effect.

5.7Fees are not refundable, except as clause 14.3 or the Australian Consumer Law provides, and are not reduced for a period in which you used fewer Seats than you paid for.

5.8The Fees are for LeadGlue only. Anything a Connected Service charges you, including all advertising spend on Meta or Google, is between you and that service. See clause 9.

6What we provide

6.1We give you access to LeadGlue over the internet, at app.leadglue.com.au or another address we tell you, through a web browser and through our iPhone and Android apps, for the number of Seats you have paid for.

6.2We improve LeadGlue continuously. New features arrive without notice and are described in the What's new panel in the app. We may change or remove a feature, but if a change would materially reduce what LeadGlue does for you, we will give you at least 30 days' notice and you may cancel under clause 14.1 before it takes effect without penalty.

6.3We aim to keep LeadGlue available at all times but we do not promise uninterrupted access. It depends on the internet, on the Connected Services, and on the infrastructure providers named in the Privacy Policy, none of which we control. Where we plan maintenance that will take LeadGlue offline we will do it outside Australian business hours and tell Owners in advance.

6.4Support is by email to inquiry@leadglue.com.au. We respond to a report that LeadGlue is unavailable or that leads are not arriving within one Business day, and to anything else within three Business days. Support does not include training your staff, configuring your Connected Services for you, or advice about your advertising.

6.5LeadGlue's call clocks, reminders, alerts and escalations are aids to your staff. They depend on notifications reaching a device, on the device being on and connected, and on the Connected Services. They do not replace your own supervision of your staff, and you must not rely on them as the only way a lead is followed up. We do not offer a service level agreement or service credits.

6.6LeadGlue sends notifications and emails on your behalf as your settings direct: to your own staff about their leads, and to Leads where a User chooses to send one. It also sends a daily summary to Owners and, where turned on, alerts about staff falling behind. You can change what is sent under Settings.

6.7LeadGlue produces documents such as appraisal proposals and rental appraisal letters from what your Users type. They are your documents. We do not check their contents and we are not responsible for any figure, estimate or statement in them.

6.8Our iPhone and Android apps are downloaded from Apple's App Store and Google Play. Their terms also apply to your download and use of the app. Apple and Google are not parties to this agreement, are not responsible for the app or for support, and have no obligation to you under these terms.

6.9We may offer a feature marked as beta, preview or early access. It may change or be withdrawn without notice, may not work as intended, and is provided without the warranties in clause 15.1.

7Your Data

7.1Your Data is yours. You keep every right in it. You give us a licence to store, copy, process, transmit and display it only as needed to provide LeadGlue to you, to support you, to meet our legal obligations and to keep LeadGlue secure. We do not use Your Data for any purpose of our own, do not sell it, do not share it with any other agency, and do not use it to train artificial intelligence models. We may keep and use statistics about how LeadGlue is used that do not identify you, any User or any Lead, to run and improve LeadGlue.

7.2Under the Privacy Act 1988 (Cth) you collected the information about your Leads and you are answerable for it. You are the party that decides why it is collected and what it is used for; we hold and process it on your instruction. You warrant that you have collected it lawfully, that you have given each person any notice the law requires, and that you are entitled to have us hold and process it as LeadGlue does, including the disclosures to third-party services listed in the Privacy Policy.

7.3Do not record sensitive information in LeadGlue. No field in LeadGlue is designed to hold health, racial, religious, sexual, criminal or similar information, and you must instruct your Users not to type it into notes or enquiry text. If they do, it receives the same protection as everything else, not the higher protection the law requires for sensitive information, and that is your responsibility.

7.4Where LeadGlue is used to call, text, email or message a Lead, you are the sender. You must comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act and any real estate conduct rules in your state or territory. In particular you must have consent or a lawful basis before contacting a Lead, must honour any request to stop, and must not remove the unsubscribe link LeadGlue puts in emails to Leads. Text messages and phone calls made from LeadGlue go through your User's own phone and are not sent by us.

7.5LeadGlue measures the work of individual Users and shows Owners how long each User took to open a lead, every call logged, what is overdue, and results against a target. You are the employer. Before a User starts using LeadGlue you must tell them, in writing, that their use of it is monitored in this way and what is recorded, and you must meet any workplace surveillance, consultation, policy, award or employment agreement requirement that applies to you. In New South Wales and the Australian Capital Territory the law requires written notice a set period before monitoring starts, and in New South Wales a workplace policy on computer surveillance. Section 14 of the Privacy Policy is written for your staff to read; you agree to make it available to them. You warrant that you have done these things for every User.

7.6You can export Your Data at any time as a CSV file from the Reports tab, and Owners can delete any lead. When a Lead asks you for access to, correction of, or deletion of their information, you handle it; the tools to do so are in LeadGlue and we will help if asked.

7.7If we become aware that Your Data has been accessed by someone not entitled to it, we will tell you within 48 hours of becoming aware, contain the problem, and give you what you need to decide whether the Notifiable Data Breaches scheme requires you to notify affected people and the Information Commissioner. You will do the same for us if the breach arose on your side, for example through a shared or stolen password.

7.8We keep backups of Your Data. If Your Data is lost or corrupted because of something we did or failed to do, we will restore it from the most recent backup. That is your remedy for lost or corrupted data, subject to clause 15.3.

7.9The Privacy Policy sets out where Your Data is stored (the main database is in Cloudflare's Oceania region), which third-party services receive parts of it and where they are, and how long it is kept. You accept those arrangements by using LeadGlue.

8Connected Services

8.1LeadGlue can be connected to Google (Calendar and Gmail, by each User for their own account), to Meta (a Facebook Page and ad account, by an Owner for the agency) and to Google Ads lead forms (by an Owner, using a key we give you). Connecting is optional. Each connection is made by your person, in their own name, using their own credentials, and can be undone by them at any time.

8.2Each Connected Service has its own terms, and you must comply with them. In particular, Meta's Platform Terms, Advertising Standards and Lead Ads Terms, and Google's Terms of Service and API Services User Data Policy, apply to what those services send us on your behalf. We are not a party to your agreement with them.

8.3Meta requires us to pass its rules on to you. You must not use any data that reaches LeadGlue from Meta (including lead form submissions and ad reporting) in a way that would breach Meta's Platform Terms if you were bound by them directly, and you must let us delete that data or end your Meta connection if Meta requires it. We may suspend or end a Connected Service integration for your account if the service asks us to, or if we reasonably believe your use of it breaches its terms.

8.4We do not control a Connected Service. If it changes, slows, stops, withdraws a permission, suspends your account or changes its terms, the connection may stop working and we are not liable for that. We will use reasonable efforts to restore a connection that breaks on our side.

8.5When a User connects Google, LeadGlue reads the events on that calendar, creates events for appointments booked in LeadGlue, and sends email from that address, as the Privacy Policy describes. It is the User's own account and the User's own decision. You must not require a User to connect a personal Google account.

8.6When an Owner connects a Facebook Page, LeadGlue subscribes to lead form submissions on that Page's ads and receives each submission as it happens. You warrant that you are entitled to connect that Page and that ad account, and that the person doing so has the necessary role on them.

9Ads you launch from LeadGlue

9.1An Owner can create a Facebook lead ad from inside LeadGlue. When they press Launch, LeadGlue creates a campaign, ad set, lead form, creative and ad in your Meta ad account, in your name, with the budget, audience, words and photo that Owner chose. You are the advertiser. Meta bills the spend to the payment method on your ad account, not to us, and we never hold that payment method. We are not your advertising agent and we do not manage your campaigns.

9.2You are responsible for everything in an ad you launch: that you own or are licensed to use the photo and words, that the ad complies with Meta's Advertising Standards and with Australian law (including the Australian Consumer Law, real estate advertising rules in your state or territory, and anti-discrimination law as it applies to advertising housing), and that the lead form asks only what you are entitled to ask.

9.3We do not promise any result from an ad: not that Meta will approve it, not any number of leads, not any cost per lead, and not any sale or listing. The reach estimate shown before launch is Meta's estimate, passed on as received.

9.4Budget limits in LeadGlue are instructions we pass to Meta. If Meta spends differently from the budget you set, or continues a campaign you expected to have ended, that is between you and Meta, and you should check and manage your campaigns in Ads Manager as well.

9.5If a launch fails part-way, LeadGlue removes what it created so that your ad account is not left with an incomplete campaign. If that removal itself fails, tell us and we will help you tidy the ad account, but you remain responsible for it.

9.6The figures LeadGlue shows on the Ads tab (spend, reach, clicks, leads, cost per lead) come from Meta's and Google's reporting as we receive them, refreshed periodically, and may differ from what those platforms show at any moment. Do not rely on them for accounting; use the platform's own invoices.

9.7You must not launch an ad from LeadGlue for anyone other than your own agency, and you must not launch an ad that you know Meta has previously rejected.

10What you must not do

10.1You must not, and must ensure your Users do not:

(a)use LeadGlue for anything unlawful, or to record or contact people in breach of clause 7;

(b)try to access another agency's account or data, or any part of LeadGlue you have not been given access to;

(c)copy, modify, reverse engineer, or make a derivative of the software, resell or sublicense access to it, or use it to build or help build a competing product;

(d)use automated tools to scrape or extract data from LeadGlue other than through the export we provide;

(e)upload malicious code, or overload or attempt to disrupt LeadGlue;

(f)use LeadGlue to send bulk unsolicited messages of any kind;

(g)share a login, or let a person who is not your staff or contractor use one;

(h)remove or obscure our notices, or use our name or the LeadGlue mark other than as clause 12 allows.

10.2If we reasonably believe you have breached this clause we may suspend the affected login or your account at once and tell you why. If the breach is serious or is not fixed within 7 days of our notice we may terminate under clause 14.2.

11Our access to your account

11.1We run LeadGlue as one system for every agency, and our administrators can reach any agency account, including its leads, staff and notes. We can also sign in as one of your people in order to see exactly what they see. We do so only to set you up, to give support you have asked for, to investigate a fault or a security concern, or to meet a legal obligation, and never to look at your business for our own purposes.

11.2When we act inside your account, LeadGlue records it in your account's own history as done via LeadGlue, so it is visible to you and is never mistaken for your staff's work.

11.3The people at our end who can do this are limited to those who need to, and each is bound by confidentiality obligations to us at least as strict as clause 13.

11.4Wemark Real Estate is an agency account like any other, even though it is related to us. Its Owners and Users have no access to your account, and our administrators do not use anything in your account for Wemark Real Estate's benefit or for any other agency's. Your leads, staff, notes, results and settings stay yours.

12Intellectual property and brand

12.1We own LeadGlue: the software, its design, its documents and templates, the LeadGlue name and mark, and every improvement to them, whoever suggested it. These terms give you a non-exclusive, non-transferable right to use LeadGlue for your agency's own business while you are subscribed, and nothing more.

12.2You own your name, logo and brand. You give us a licence to display them inside your agency account and on the documents and emails LeadGlue produces for you, so that LeadGlue carries your brand for your staff and your Leads. LeadGlue will show a small "Powered by LeadGlue" line in the app and in emails, which you agree not to remove.

12.3If you give us feedback or suggestions, we may use them without any obligation to you, and any feature we build as a result is ours.

12.4We may name you as a customer and show your logo in a list of customers on our website and in sales material, in the form you supply to us and without saying anything more about you. You may withdraw this at any time by emailing us, and we will remove your name and logo within 14 days.

13Confidentiality

13.1Each of us will keep the other's confidential information confidential, use it only for the purposes of this agreement, and not disclose it except to our own staff and advisers who need it and are bound to keep it confidential, or where the law requires. Your confidential information includes Your Data. Ours includes the non-public workings of LeadGlue, our pricing to you and our roadmap.

13.2Information is not confidential if it is public other than through a breach, was already lawfully known to the receiving party, or was developed independently.

13.3This clause survives the end of this agreement for 5 years, and for Your Data for as long as we hold any of it.

14Ending it

14.1By you. You may cancel at any time by an Owner emailing inquiry@leadglue.com.au. Cancellation takes effect at the end of the billing period already paid for. Nothing is refunded for the rest of that period, except under clause 14.3.

14.2By us. We may put your account on hold or terminate this agreement if: an invoice is overdue as clause 5.5 sets out; you breach these terms and, where the breach can be fixed, do not fix it within 7 days of our written notice; you become insolvent or cease to trade; or a Connected Service or law makes it unlawful or impracticable for us to continue. We may also terminate for convenience on 60 days' written notice.

14.3If we terminate for convenience or under clause 6.2, or you cancel because of a change under clause 5.6, 6.2 or 18.1, we will refund the unused part of any Fees paid in advance, calculated daily.

14.4Your Data after the end. For 90 days after cancellation or termination your Owners can sign in for the sole purpose of exporting Your Data. We can also provide an export on request in that period. During those 90 days nothing else works and no Fees are payable.

14.5After the 90 days we permanently delete Your Data, and backups holding it are overwritten within a further 30 days. After that we cannot recover it. We keep only what the law requires us to keep, such as invoices, and the record that your agency was a customer.

14.6Clauses 5 (for amounts already owing), 7, 12, 13, 14.4 to 14.6, 15, 16, 17 and 19 survive the end of this agreement.

15Warranties and the Australian Consumer Law

15.1We warrant that we will provide LeadGlue with reasonable care and skill, and that we have the right to grant you the licence in clause 12.1.

15.2Beyond that, LeadGlue is provided as it is. We do not warrant that it will be error-free or uninterrupted, that it suits your particular business, that any lead will be contacted within any time, or that any lead, listing, sale or management will result. LeadGlue prompts people; it does not make the calls.

15.3The Australian Consumer Law gives consumers guarantees that cannot be excluded. Where it applies to you, nothing in these terms excludes, restricts or modifies those guarantees or any liability that cannot be excluded. Where it permits, our liability for a failure to comply with a guarantee is limited, at our choice, to supplying the service again or paying the cost of having it supplied again. Every exclusion and limit in clauses 6, 7, 8, 9, 15 and 16 applies only to the extent the law allows.

16Liability

16.1To the extent the law allows, neither of us is liable to the other for any indirect or consequential loss, loss of profit, revenue, business, goodwill or opportunity, or loss or corruption of data, however it arises. Clause 7.8 says what we do about lost or corrupted data.

16.2To the extent the law allows, our total liability to you under or in connection with this agreement, in contract, tort, statute or otherwise, is limited to the greater of the Fees you paid us in the 12 months before the event giving rise to the claim and \$1,000.

16.3Clause 16.2 does not apply to our breach of clause 13 or of clause 7.7, or to unauthorised access to Your Data caused by our failure to take reasonable security measures. For those, our total liability is limited to the greater of three times the Fees you paid us in the 12 months before the event and \$20,000.

16.4Without limiting clauses 8, 9 and 16.1, we are not liable for: the acts, omissions or charges of any Connected Service; any advertising spend; anything a User types, sends or records; a lead that arrives late or not at all because a Connected Service failed to deliver it; a call, alert or reminder that was not made, seen or acted on; or anything that results from your breach of clause 7 or 10.

16.5Nothing in this clause limits liability for fraud or wilful misconduct, for death or personal injury caused by negligence, or for a deliberate breach of clause 13, or limits your obligation to pay the Fees.

16.6Each of us must take reasonable steps to reduce any loss for which the other may be liable.

17Your indemnity

17.1You indemnify us against any claim, loss, fine or cost (including reasonable legal costs) that we suffer because of: Your Data, including any claim by a Lead, a User or a regulator about how it was collected, used or monitored; a message, call or email your User sent through or from LeadGlue; an ad you launched from LeadGlue; your breach of clause 7, 8, 9 or 10; or a claim that your name, logo or content infringes someone's rights. Your liability under this clause is reduced to the extent we caused the loss.

17.2If a third party makes a claim covered by clause 17.1, we will tell you promptly, let you take over the defence with lawyers we reasonably approve, and give you reasonable help at your cost. You must not settle a claim in a way that admits fault on our part or requires us to do or pay anything without our written consent.

18Changes to these terms

18.1We may change these terms. The current version always lives at leadglue.com.au/terms with its version and date. If a change is material we will email your Owners at least 30 days before it takes effect and put a notice in the app. If you do not accept a material change you may cancel under clause 14.1 before it takes effect, and clause 14.3 applies. Continuing to use LeadGlue after the date it takes effect is acceptance.

19General

19.1Law. This agreement is governed by the law of South Australia. Each of us submits to the non-exclusive jurisdiction of the courts of South Australia and the courts that hear appeals from them.

19.2Disputes. Before starting court proceedings, other than for urgent relief or an unpaid invoice, each of us will write to the other setting out the dispute, and senior people from each side will meet or speak within 14 days to try to resolve it.

19.3Notices. Notices to us go to inquiry@leadglue.com.au. Notices to you go to the contact email on your account and to your Owners. A notice sent by email is received on the next Business day, unless the sender receives a bounce or failure message.

19.4Assignment. You may not assign or transfer this agreement without our written consent, which we will not unreasonably withhold if your business is sold as a going concern. We may assign it to a related company or to a buyer of the LeadGlue business, and will tell you if we do.

19.5Subcontractors. We use the infrastructure and service providers named in the Privacy Policy and may use others, and remain responsible to you for them.

19.6Events beyond control. Neither of us is liable for a failure caused by something outside our reasonable control, including failure of the internet, a Connected Service, power, or a provider named in the Privacy Policy, provided we do what we reasonably can to work around it. Your obligation to pay for a period in which LeadGlue was available is not affected. If such an event stops LeadGlue working for more than 30 days in a row, either of us may end this agreement by written notice and clause 14.3 applies.

19.7Whole agreement. Clause 1.4 describes the whole agreement. It replaces any earlier discussion or proposal. Nothing in it excludes liability for fraud.

19.8Severance. If a clause is unenforceable it is severed to the extent necessary and the rest stands.

19.9No waiver. Not enforcing a right is not a waiver of it.

19.10Relationship. We are independent contractors. Nothing here makes either of us the agent, partner or employee of the other.

19.11Electronic dealings. We deal with you electronically. Acceptance, notices and Orders may all be given by email or through LeadGlue, and are binding as if signed.