Terms of Service
Agreement to Terms
By accessing and using Broker Capital's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
Services
Broker Capital provides capital solutions to brokers against their trail income. Our services include:
- Assessment of broker trail income
- Capital advance against trail income
- Loan documentation and processing
- Ongoing account management
Eligibility
To use our services, you must:
- Be a licensed mortgage broker in Australia
- Have verifiable trail income from your brokerage activities
- Provide accurate and complete information in your application
- Meet our creditworthiness requirements
- Be at least 18 years of age
Application Process
When you apply for capital through Broker Capital, you authorize us to verify your trail income, conduct credit checks, and assess your financial situation. You agree to provide accurate and truthful information throughout the application process.
Loan Terms
Specific loan terms will be outlined in your individual loan agreement, which may include:
- Loan amount and advance rate
- Interest rates and fees
- Repayment terms and schedule
- Security and collateral requirements
- Default and early repayment provisions
Representations and Warranties
You represent and warrant that:
- All information provided is accurate and complete
- You have the legal right to enter into this agreement
- Your trail income is legitimate and properly documented
- You are not subject to any bankruptcy or insolvency proceedings
- You will notify us of any material changes to your financial situation
Obligations
As a borrower, you agree to:
- Make timely repayments as per the loan agreement
- Maintain your broker license and trail income
- Provide updated financial information when requested
- Notify us immediately of any adverse changes to your business
- Comply with all applicable laws and regulations
Default and Remedies
You will be in default if you fail to meet your obligations under the loan agreement. In the event of default, we may:
- Declare the full amount immediately due and payable
- Exercise our rights over any collateral or security
- Pursue legal remedies to recover outstanding amounts
- Report the default to credit reporting agencies
Limitation of Liability
To the maximum extent permitted by law, Broker Capital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services.
Intellectual Property
All content, trademarks, and intellectual property on our website and in our materials remain the property of Broker Capital. You may not use, reproduce, or distribute our intellectual property without prior written consent.
Privacy
Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
Governing Law
These Terms of Service are governed by the laws of Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the Australian courts.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify you of any material changes by posting the updated terms on our website. Your continued use of our services after such changes constitutes acceptance of the new terms.
Severability
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: hello@brokercapital.com.au
Phone: 0418 797 531
Last Updated: 4 February 2026