3. Konkrd’s Services and How We Get Paid
3.1 Comparison Services
Konkrd’s primary service is to help you research and compare various products, such as insurance policies. We compare every open product available in the Australian market at the start of the relevant month, however, availability of product offerings and providers may be subject to change over time.
3.2 Agents
(a) Konkrd provides assistance through both human agents and AI-powered tools or “Agentic AI” (“AI Agents”) to help you compare, evaluate, or select solutions that may suit your needs. All of our agents, human and AI, may guide you based on the information you provide, but we do not provide personal financial advice unless explicitly stated.
(b) Our Agents provide product recommendations based on your stated needs. This advice is general in nature, does not take your personal circumstances into account. To understand how our AI Agent makes recommendations and how we maintain user autonomy, please see clause 6 of these Terms. For personalised advice tailored to your specific situation, consider seeking independent professional advice.
3.3 Quotes
(a) All of our quotes are based on the information you provide and the offerings of the product at the time and date our quotes are given. Things like price, availability, and product terms may change over time, and therefore our quotes are only valid at the time they are provided to you.
(b) Wait periods may apply and vary from product to product. Always read your policy and contact us or the provider if you have any questions.
3.4 Digital Policy Locker
(a) Our Digital Policy Locker allows you to upload and keep all your important policy documents in one place. You can use Konkrd AI to read and help explain your policies in plain talk.
(b) By uploading your information to the Digital Policy Locker and providing your consent, you grant Konkrd permission to use and access this information for the purpose of providing our services, such as reading and explaining your policy to you through Konkrd AI.
(c) You are responsible for ensuring that any personal information is accurate and lawful. You must not upload information that you do not have the right to share.
(d) You can read more about how we use and access this information in our Privacy Policy. While we take steps to secure your information, to the extent permitted by law, we disclaim all liability for any loss or damage arising from the unauthorised use or access of your information where the security of this information is not within our control.
3.5 Fees and Commissions
(a) Our Platform is free for you to use and there’s no obligation to buy or switch products or providers.
(b) Konkord maintains an Approved Product List (“APL”) of offerings for which we may receive referral fees or commissions from the providers if you purchase a product through us. This compensation does not affect our Agents’ recommendations, human or AI, which remain based on your stated needs. If you want more information on who we work with and why, please email us in accordance with clause 16.
(c) These fees enable us to offer our service at no cost to you and help cover our operating expenses, including technology, staffing, and secure infrastructure. For insurers and service providers, our Platform is an economical way to attract new customers and reach a new market. This means you get an easy, convenient comparison in one place, while they get a chance to offer their products to people who need them.
3.6 Our Commitments to You
(a) We’re focused on matching you with what works best for you. While our employees may earn salaries and in some cases, bonus incentives for providing outstanding service, they’re not paid extra for pushing particular partner products from our APL.
(b) If our comparison shows that your current policy or product is already meeting your needs, we’ll be honest and suggest you stay put.
(c) We are committed to providing unbiased advice, free from hidden commercial incentives or conflicting interests.
(d) We label all sponsored or third-party content as such. This ensures that users know when a product or message is part of a promotional arrangement.
(e) We may use your details to contact you with information about our products and services and help you make informed decisions about the products available to you.
3.7 Code of Conduct and Informed Choice
(a) Konkrd supports and adheres to the Private Health Insurance Code of Conduct (Code), which promotes informed decision-making, transparent communication, and ethical business practices in the health insurance sector. As part of this commitment, we aim to ensure that all product information we present is clear, balanced, and complete, so that you can make an informed choice.
(b) We will inform you of any documentation or personal information required by your chosen insurer, and assist where appropriate to support compliance with those requirements.
(c) You can learn more about the Code and your rights as a customer by visiting https://phiia.com.au/resources-media
4. Permitted Use of the Platform
4.1 Personal Use Only
You may only use the Platform for personal, non-commercial reasons, for example researching or purchasing a product. Any other usage is strictly prohibited.
4.2 Prohibited Actions
By using and accessing our Platform, you agree that you will not:
(a) use automated tools, bots, spiders, scraping, to extract information;
(b) disseminate or publish any malicious code, malware or spam;
(c) bypass or attempt to bypass security measures;
(d) post or transmit misleading or false information;
(e) mislead or trick or attempt to mislead or trick our AI Agents or features;
(f) share or transmit illegal, defamatory, or infringing material; or
(g) engage in any unlawful or fraudulent activity.
4.3 Accuracy of Information
(a) You must ensure that all details you provide, including personal data and product requirements, to us are true, accurate, and up to date.
(b) You are responsible for updating your information promptly if changes occur and notifying us of any changes.
(c) You release us from any and all liability or claims arising in connection with any details you provide us that are inaccurate or in breach of this clause.
5. Account Registration and Security
5.1 Creating an Account
Some features on our Platform, such as our Digital Locker, require you to register an account (“Account”). You are responsible for safeguarding these credentials and we strongly encourage you to use strong passwords and update them regularly.
5.2 User Responsibilities
(a) By creating an Account, you agree:
(i) that you alone are responsible for actions taken under your Account; and
(ii) to keep your password private and never share your credentials with unauthorised persons.
(b) If you suspect your Account is compromised, you should change your password immediately and notify us.
5.3 Reporting Violations
Please notify us of any suspicious conduct or violations of our Terms by reaching out to us in accordance with clause 16. We will aim to respond to any reports within 24 hours of receiving your report.
5.4 Our Rights and Responsibilities
(a) We reserve the right to monitor usage of our Platform, data flows and network traffic to detect potential violations of these Terms. We will only collect, use and monitor your usage of our Platform in accordance with our Privacy Policy.
(b) We reserve the right to suspend or close your Account if we detect unauthorised use or breaches of these Terms.
6. Use of AI
6.1 AI Agents
(a) The core objective of our AI Agent is to serve you in a fair, needs-based manner and your best interests always come first.
(b) Our AI Agent is designed to help our customers with advice on the following, based purely on your stated needs:
(i) product advice, for example insurance, loans, or other financial products;
(ii) reviewing and managing a user’s existing products and policy documents; and
(iii) storing these documents in the user’s Konkrd App digital locker, whether they were originally purchased via Konkrd or uploaded by the user.
(c) Our AI Agents’ recommendation process is clearly explained in plain language. We highlight key policy features and present a combined recommendation score that aligns with each user’s stated needs and takes into account expected benefits and costs based on the policy.
6.2 Preventing Misinformation
(a) Our AI Agents include automated checks and processes for validating the data used in product recommendations. We also maintain a curated knowledge base and require cross-referencing of critical information.
(b) We regularly audit and retrain our AI Agents on current and reliable data. This helps reduce errors or “hallucinations” in the AI’s output, but we cannot guarantee the accuracy of any output and always encourage you to seek human support or second opinions if you’re unsure.
(c) If you’re unhappy with the services of our AI Agents or have any concerns, please contact us using the details provided in clause 16.
7. Disclaimers and No Personal Advice
7.1 General Information Only
Information on the Platform, including AI-driven advice, is provided “as is” and for general comparison or research purposes. It is not financial, legal, or other professional advice.
7.2 Recommendations
Our Agents, whether human or AI, aim to match products to your stated needs. However, your circumstances may require additional scrutiny. We disclaim any liability for decisions made solely on outputs from our Agents.
7.3 No Warranty
(a) We do not warrant the timeliness, accuracy, reliability, completeness, or suitability of the Platform’s content or the quality or suitability of any results, recommendations or comparisons obtained through our Platform.
(b) You access and use the Platform at your own risk.
8. Third-Party Products and Services
8.1 Product Offerings
(a) Konkrd provides comparison and referral services for third-party products and providers (“Product Information”), such as insurance. These products are owned or operated by independent third-party providers over whom we have no direct control.
(b) While we strive to keep Product Information up to date and accurate, we do not warrant or guarantee the timeliness, accuracy or completeness of Product Information. Inaccuracies or omissions in Product Information may occur from time to time outside of our control, and we encourage you to check all Product Information with the third-party provider prior to purchase.
8.2 No Endorsement
Listing a product or provider on our Platform doesn’t mean we endorse or recommend it. Always review the product’s own documents, for example Policy Disclosure Statements, and relevant terms before making a purchase decision.
8.3 Contract Formation
When you submit information or make a purchase through our Platform, you are essentially making an offer to the relevant third-party provider. Acceptance and agreement only happens when the provider confirms acceptance of your application and you enter into a contract with the third-party provider.
8.4 Exclusions
We are not responsible for any loss or damage arising from your purchase or use of third-party products, including errors or omissions by the provider. Your relationship with the product provider is governed by their own terms and policies.
9. Intellectual Property
9.1 Ownership
(a) In these Terms, “Intellectual Property Rights”, in relation to our Platform means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, source code, domain names, logos, button icons, scripts, design elements, graphics, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.
(b) All Intellectual Property Rights on the Platform and to the material made available to you on the Platform are owned or licensed by Konkrd, unless otherwise stated.
9.2 User Licence
(a) We grant you a non-exclusive, revocable licence to access and use the Platform for personal use, subject to these Terms.
(b) You may not modify, copy, reproduce, or distribute Platform content without our prior written permission.
10. Liability and Indemnity
10.1 Limitation of Liability
(a) To the extent permitted by law, Konkrd, its directors, employees, or agents will not be liable for any direct, indirect, special, consequential, or incidental damages resulting from your use of the Platform or reliance on any information provided, including AI-driven recommendations.
(b) To the extent that Konkrd’s liability cannot be excluded by law, Konkrd’s maximum liability to you for any loss or damage you may suffer or incur in connection with these Terms or your use of the Platform, is limited to the amount actually recovered by Konkrd under its insurance policies relevant to the subject of the claim.
10.2 Your Responsibility
(a) You agree to indemnify and hold harmless Konkrd and its affiliates from any claim or demand arising out of your breach of these Terms, misuse of the Platform, or violation of any rights of a third party.
(b) This indemnity is a continuing obligation and survives termination or expiry of these Terms.
10.3 Consumer Guarantees
Any of these terms which limit or exclude any term, condition or warranty, express or implied, or the liability of Konkrd will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by legislation, including under the Australian Consumer Law.
11. Service Availability and Termination
11.1 No Guarantee
(a) We strive to keep the Platform operational but do not guarantee uninterrupted or error-free service.
(b) We reserve the right to modify, suspend or discontinue the Platform, or any part of it, without notice.
11.2 Termination
We may terminate or suspend your account and access to the Platform at any time if you breach these Terms, or as a result of any suspected or actual unauthorised use of your account. Upon termination, your right to use the Platform immediately ceases.
11.3 No Liability
We are not responsible for any liability you may suffer arising from or in connection with our rights under this clause.
12. Links to Third-Party Sites
12.1 External Links
(a) The Platform may contain links to external websites or resources operated by third parties. Such links are provided for convenience only.
(b) We are not responsible for the content or privacy practices of external sites and disclaim liability for any loss or damage you incur through use of these sites. Please contact the relevant third party directly to make inquiries concerning the information prior to entering into a transaction with them.
