Seller Terms and Conditions

  1. Introduction

    1. 1.1. Investorist Pty Ltd (ACN 131897473) ("Investorist") operates the Investorist Network. You agree to be bound the following Seller Terms and Conditions when you:

      1. register as a Seller on the investorist.com website; or
      2. sign up for a Seller Premium Portal subscription and/or sign up to list property on the Investorist Network; or
      3. login to a Seller account and access or use the Investorist Network.
    2. 1.2. Your Agreement with us consists of these Seller Terms and Conditions and the Order Form (including Direct Debit Request Service Agreement) (collectively, the “Agreement”).

    3. 1.3. If you do not agree and accept all of these terms and conditions applicable to the Investorist Network you are not authorised to use the Investorist Network and you should immediately discontinue any use of the Investorist Network and/or any offered Investorist services.

    4. 1.4. Investorist reserves the right at any time, at its sole discretion, to change or modify these Seller Terms and Conditions. Investorist will give you at least 28 days notice of any changes by publishing the updated Seller Terms and Conditions on the www.investorist.com website. Your continued access or use of the Investorist Network, constitutes your acceptance of the updated Seller Terms and Conditions.

    5. 1.5. The most up-to-date Seller Terms and Conditions always applies which can be found at www.investorist.com

    6. 1.6. Investorist is not a real estate agent and does not receive sales commissions on any property advertised on the Investorist Network.

    7. 1.7. Information on the Investorist Network should neither be regarded as professional legal, financial or real estate advice nor a substitute for such advice.

  2. Definitions

    1. 2.1. The following definitions apply to these Seller Terms and Conditions:

      1. "commission" means the fee that may be paid by the Seller to the Network Partner for referring a purchaser.
      2. "confidential information" means all that information whether written or otherwise including but not limited to all intellectual property, know-how, trade secrets, ideas, concepts, client, customer or licensee lists or information, strategic and operational information, and any financial or accounting information relating to Investorist, the Seller and the Network Partner.
      3. "content" means message, data, information, text, music, sound, photos, graphics, code, icons, maps, software, video, or any other material.
      4. "Investorist Network" means the website located at www.investorist.com and all Premium Portals – across desktop, mobile and tablet.
      5. "Member" means Seller and/or Network Partner.
      6. "Network Partner" means an individual or company who has registered as a Network Partner on the Investorist Network and/or has signed up for a Network Partner Single subscription or Network Partner Premium Portal subscription.
      7. “Order Form” means any physical document or electronic interface that Investorist makes available to you, that you sign or otherwise indicate your agreement to, which identifies your Premium Portal subscription and/or Listing Order.
      8. “Premium Portal” means a white label, rebranded version of the investorist.com website. Please also refer to clause 21.
      9. "property" refers to property (including but not limited to off the plan units/ apartments /condominiums or new houses in land developments or subdivisions) listed on the Investorist Network.
      10. "purchaser" refers to a person who buys a property listed on the Investorist Network by a Seller.
      11. "referral fee" means the same as "commission".
      12. "reservation" refers to when a Network Partner has clicked the "reserve" link next to a specific property and submitted the Quick Reservation Form on the Investorist Network.
      13. "Seller" means an individual or company who has signed up for a Seller Premium Portal subscription and/or Listing Order (also referred to as “you”).
      14. "third party site" means other websites which are not maintained or controlled by Investorist.
      15. "transaction" means the same as "reservation".
  3. Commencement date

    1. 3.1. This Agreement for your Seller Premium Portal subscription and/or Listing Order commences on the date you sign the relevant Order Form.

  4. Premium Portal subscription end date

    1. 4.1. This Agreement for your Seller Premium Portal subscription ends 14 days after you provide Investorist written notice of your decision to cancel your subscription subject to Investorist’s right to terminate this Agreement in accordance with clause 44.

  5. Property listing end date

    1. 5.1. This Agreement for your Listing Order ends when you remove your property project from the Investorist Network and/or your property project ceases to be active on the Investorist Network subject to Investorist’s right to terminate this Agreement in accordance with clause 44.

  6. Registering/Signing up as a Seller

    1. 6.1. When you register as a Seller on the Investorist Network and/or sign up for a Seller Premium Portal and/or Listing Order you:

      1. represent and warrant to Investorist that at all times during the term of this Agreement you hold any required license or accreditation to sell or deal with properties you promote on the Investorist Network;
      2. are either the owner of the property or are lawfully authorised to sell the property that you list on the Investorist Network;
      3. will provide all relevant details, including contact and payment information as required; and
      4. agree to pay the required fees as stated on the Investorist Network and/or your Order Form.
    2. 6.2. You may be refused a Seller Premium Portal subscription or Listing Order at the sole discretion of Investorist.

    3. 6.3. After you have registered as a Seller and/or your Order Form has been processed, Investorist will issue you with a username and password to access your online Seller account (your Premium Portal account or Investorist account). You are solely responsible for maintaining the confidentiality of your username and password, and for who accesses and uses your online Seller account.

  7. Seller account users

    1. 7.1. The Seller acknowledges and agrees that these Seller Terms and Conditions extend to and apply to all users of the Seller’s online account.

    2. 7.2. The Seller is completely responsible and liable for all activities of all users that access and/or use the Seller’s online account.

  8. Transactions or dealings between Sellers and Network Partners

    1. 8.1. Investorist is not involved in the actual transactions or dealings between Sellers and Network Partners.

    2. 8.2. The Investorist Network is merely a passive conduit for the distribution of information about property promoted for sale by Sellers and communications between Sellers and Network Partners.

    3. 8.3. Investorist does not represent or guarantee:

      1. the accuracy, truth, suitability, quality, or legality of any property listed on the Investorist Network;
      2. that a Seller is lawfully able to sell property;
      3. that a Network Partner can refer a genuine purchaser; or
      4. that the transaction will be completed by the Seller and Network Partner.
    4. 8.4. Investorist does not endorse and takes no responsibility for any representations made by any Member in relation to any property.

  9. Fees

    1. 9.1. The Seller agrees to be charged and to pay all fees that the Seller incurs. Please refer to your Order Form for fees applicable to your Premium Portal subscription/ Listing Order. These payments will appear on the Seller’s statement as “Investorist”.

    2. 9.2. Premium Portal set up fees will be charged to the Seller’s nominated credit card or bank account as soon as Investorist receives your signed Order Form.

    3. 9.3. Monthly Premium Portal subscription fees will be charged to the Seller’s nominated credit card or bank account on the same or similar date each month and will commence when you receive your login details.

    4. 9.4. Each and every transaction fee will be debited from the Seller's nominated credit card or bank account irrespective of the Seller accepting or rejecting the reservation. The Seller authorises Investorist to automatically deduct from the Seller's nominated credit card or bank account all transaction fees owing on a monthly basis. Transaction fees will be debited on the same or similar date each month, unless otherwise stated.

    5. 9.5. If the direct debit date should fall on a public holiday, the Seller consents to have these funds available for debit on the next business day.

    6. 9.6. It is the Seller’s responsibility to ensure that sufficient funds are available for these deductions.

    7. 9.7. It is the Seller’s responsibility to ensure that the Seller’s credit card or bank account details are valid and up to date. Please note Investorist only accepts Visa, MasterCard, and American Express Cards. No other form of credit card is accepted.

    8. 9.8. If there are any changes to the Seller’s bank account or credit card details, then it is the Seller’s sole responsibility to notify Investorist of these changes.

    9. 9.9. Investorist does not accept payment by cash. Cheque or money order may be accepted to finalise an account in certain circumstances.

    10. 9.10. The Seller is responsible for paying all fees and applicable taxes associated with the Investorist services as soon as those payments are due.

    11. 9.11. For additional terms regarding the Seller’s direct debit arrangement please refer to your Direct Debit Service Agreement with Investorist.

  10. Tax

    1. 10.1. All fees specified exclude any tax, including any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST), duty or impost levied in respect of any Services.

  11. Changes to Pricing / Services

    1. 11.1. Investorist's fee schedule and/or services may change from time to time. Changes to the fee schedule or services are effective after 28 days from the date the changes are posted on the Investorist Network.

  12. Payment Issues

    1. 12.1. If Investorist is unable to debit the Seller’s nominated bank account or credit card on the debit date, Investorist will attempt to re-debit the Seller’s bank account or credit card, plus any additional charges the Seller may have incurred. An administration fee of AUD$5.00 will be charged on all declined payments.

    2. 12.2. Investorist reserves the right to suspend, vary or terminate the Seller’s subscription when an amount remains outstanding, or Investorist is in any way prevented from debiting the Seller’s bank account or credit card.

    3. 12.3. Investorist reserves the right to suspend the Seller’s subscription by barring access to the Seller’s online account until full payment has been made.

    4. 12.4. In the event that, for any reason, the Seller is unable to pay the Seller’s account, please contact Investorist accounts department by phone on +61 (3) 9018 9084 or email [email protected]

    5. 12.5. Investorist has the right to cancel the Seller’s subscription at any time should it be deemed that the Seller does not have the means to pay outstanding fees.

  13. No Refunds

    1. 13.1. Investorist does not give refunds. If the Seller is dissatisfied with any Investorist product and/or services for whatever reason the Seller’s sole option is to discontinue using the Investorist Network and remove all of the Seller’s content from the Investorist Network. If the Seller has a Premium Portal subscription the Seller should cancel the Premium Portal subscription in accordance with clause 17.

  14. Suspected Fraud

    1. 14.1. Investorist reserves the right to investigate all subscriptions where it suspects incorrect or fraudulent activity has occurred. Investorist may contact the Seller if it deems suspicious activity and request copies of identity to verify the Seller’s account information.

    2. 14.2. Investorist may choose to terminate the Seller’s subscription if this information cannot be verified.

  15. Billing Dispute

    1. 15.1. If the Seller believes that any transaction, payment or rejection, or other billing issue is in error, or that the Seller has been advised by Investorist in error, the Seller should contact Investorist customer service centre by phone on +61 (3) 9018 9084 or email [email protected]

    2. 15.2. Investorist may require copies of the Seller’s personal banking information (such as bank statements) in order to investigate the dispute. Investorist may be unable to resolve the dispute if this information is not provided.

  16. Credits to Seller Subscription

    1. 16.1. If Investorist applies a credit to the Seller’s Premium Portal subscription and/or Listing Order, the Seller will be able to use the credit only for the payment of future Investorist fees. Credits are not redeemable as cash.

    2. 16.2. In the event that the Seller’s Premium Portal subscription is terminated by the Seller or by Investorist, the Seller will be unable to withdraw any amount of credit remaining on the Seller’s account.

  17. Cancelling Seller Premium Portal Subscription

    1. 17.1. No cancellation fees or minimum term contracts apply to any Seller Premium Portal subscription.

    2. 17.2. If you intend to cancel your Seller Premium Portal subscription, you should remove/delete all of your content from the Investorist Network prior to notifying Investorist of your decision to cancel your Seller Premium Portal subscription. It is not Investorist's responsibility to remove or delete any information belonging to you from the Investorist Network except in accordance with legislation.

    3. 17.3. You are able to cancel your Seller Premium Portal subscription with Investorist at any time. However, you must give 14 days notice in writing in order to cancel your Seller Premium Portal subscription and to stop incurring fees. Please notify us by email at [email protected] or alternatively by post:

    4. Investorist
      Level 8, 100 Albert Road
      South Melbourne
      Victoria
      Australia 3205

    5. 17.4. Subscription fees will continue to be debited from the Seller’s account until Investorist receives written notification from the Seller of the Seller’s decision to cancel the Seller Premium Portal subscription.

    6. 17.5. Any outstanding amounts will be debited as per the Seller’s normal billing cycle.

    7. 17.6. Any feedback comments made by the Seller will continue to display on the Investorist Network even when the Seller’s online account/ Premium Portal subscription is cancelled.

  18. Special Promotions

    1. 18.1. From time to time, Investorist may also offer special promotions or customer incentives which provide the Seller with discounted pricing. These promotions are subject to their own terms and conditions.

  19. Contacting Investorist

    1. 19.1. If the Seller has an account enquiry, the Seller should contact Investorist by phone on +61 (3) 9018 9084 or email us on [email protected]

  20. Investorist Contact:

    1. 20.1. The Seller acknowledges and agrees that Investorist may contact the Seller (including by email, SMS, telephone or such other means) in relation to:

      1. the Investorist services, the Seller’s account, payment issues (including outstanding amounts owed to Investorist), any Investorist products/services;
      2. any marketing or promotion which Investorist conducts, special products/services being offered, Investorist newsletters or publications; and
      3. products, services or promotions which are being offered by Investorist Members or business partners (either alone or in conjunction with Investorist). The Seller acknowledges that Investorist is not responsible for the accuracy and/or correctness of Member’s products, services, or properties that feature in Investorist publications.
    2. 20.2 To limit Investorist marketing or promotional contact, the Seller should phone or email Investorist customer service centre.

  21. Seller Premium Portals

    1. 21.1. Seller’s who signed up for a Seller Premium Portal subscription acknowledge and agree that:

      1. at all times Investorist owns the Premium Portal and associated Uniform (or Universal) Resource Locator;
      2. Investorist grants the Seller a limited, non-transferable licence to use the Premium Portal for the duration of the Seller’s subscription with Investorist subject to compliance with these Seller Terms and Conditions;
      3. the Seller controls its user’s access to the Premium Portal and is responsible for the activities of all of its users that access and/or use the Premium Portal. The Seller ensures that all of its users comply with this Agreement;
      4. the Seller is responsible for all advertising and promotions it displays on its Premium Portal; and
      5. data (including name, email address, phone number) relating to the Seller’s users (including partners) uploaded to or entered into a Premium Portal belong to that Seller. However, if those users already exist on the Investorist Network or are uploaded to or entered into the Investorist Network in the future by another Member, the Seller acknowledges that Investorist may contact those users to promote Investorist services and products.
  22. Content

    1. 22.1. The Seller retains all of its ownership rights in all of its content posted or uploaded to the Investorist Network. However, the Seller grants Investorist an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any content the Seller posts or uploads to the Investorist Network or provides Investorist for inclusion on the Investorist Network.

    2. 22.2. The Seller expressly grants Investorist the right to provide its Members access to the Seller’s content posted or uploaded to the Investorist Network.

    3. 22.3. The Seller agrees that any content submitted by the Seller for inclusion on the Investorist Network does not infringe the intellectual property or other rights of any third parties.

    4. 22.4. The Seller assumes full and sole responsibility as to the accuracy and correctness of its content posted or uploaded to the Investorist Network.

    5. 22.5. The Seller indemnifies Investorist against any liability of whatsoever nature in relation to the content posted or uploaded by the Seller to the Investorist Network or provided to Investorist for inclusion on the Investorist Network including but not limited to claims due to inaccurate, incorrect or misleading representations/ information in any or all of the Seller’s content.

  23. Content translation

    1. 23.1. Investorist uses both computer generated and human translation services to provide content in different languages. The Seller accepts that both of these translation methods are very likely to result in errors. The Seller accepts that Investorist is an English speaking company and translations are only provided for user convenience.

    2. 23.2. Any translated (non- English) content should be used as a guide only and must not be relied upon as absolutely correct and or accurate.

    3. 23.3. The Seller should check the correctness and accuracy of the Seller's translated content as well as any other translated content available on the Investorist Network.

    4. 23.4. Investorist is in no way liable for any errors in translation.

  24. Third party content

    1. 24.1. The Investorist Network is a business to business sales platform for off the plan property. Investorist has no control over and is not responsible for the content supplied by third parties (including Members and other users of the Investorist Network).

    2. 24.2. Investorist does not monitor or make inquiries about third party content.

    3. 24.3. Any opinion, advice, statement, service, offer, image or other information or content expressed or made available by third parties on the Investorist Network, are those of the respective author, distributor or provider not of Investorist. Third party content does not represent the views of Investorist.

    4. 24.4. Investorist does not endorse and is not responsible for the truth, correctness, accuracy or reliability of any opinion, advice or statement made on the Investorist Network by anyone other than authorized Investorist employee spokespersons while acting in their official capacities.

    5. 24.5. The Seller releases Investorist from any claims that the Seller could assert against Investorist relating to or in connection with third party content.

    6. 24.6. The Seller relies on third party content at its own risk.

  25. Investorist's right to alter or withdraw content

    1. 25.1. Investorist has no obligation to review every item of content that Members and other users make available through the Investorist Network and Investorist is not responsible for any of this content.

    2. 25.2. Investorist reserves the right to monitor, modify, edit, withdraw, delete, and refuse to transmit any content, in whole or in part, without notice to Members and other users that it deems in its sole discretion is unacceptable, inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of these Seller Terms and Conditions, any law or third party rights; or if Investorist is instructed to do so by any third party.

  26. Property listings

    1. 26.1. The Seller may upload their own property project to the Investorist Network or Investorist may upload the property project for the Seller (including all information specified in the Apartment Upload Guide) . If Investorist is instructed to upload the property project the uploading may be outsourced to a third party provider.

    2. 26.2. At all times the Seller is responsible for the property the Seller lists on the Investorist Network including but not limited to checking the accuracy and correctness of the stock information, floor plans, price lists and so on. Sellers are solely responsible for keeping their listings up to date.

    3. 26.3. When the Seller lists a property on the Investorist Network, the property listing may not be immediately searchable by keyword or category for several hours, so Investorist can't guarantee exact listing durations.

    4. 26.4. Property listing orders are based on an algorithm and no special treatment will be given to any Sellers except where a paid premium listing is offered.

    5. 26.5. When the Seller lists a property on the Investorist Network, that property may feature in an Investorist EDM that is sent to Network Partners. The Seller acknowledges and agrees that:

      1. Investorist may modify the Seller’s property content as it deems fit for inclusion in the EDM without approval from the Seller and the Seller agrees to those modifications;
      2. Investorist will display the commission offered on the property by the Seller in the EDM;
      3. EDMs may be forwarded by recepients on to third parties not authorised to receive Investorist’s EDM and the Seller will not hold Investorist liable if this occurs.
  27. Reservation process

    1. 27.1. Network Partners may reserve properties listed by Sellers on the Investorist Network by clicking the reserve link next to a specific property and submitting the Quick Reservation Form.

    2. 27.2. When a Network Partner reserves a property on the Investorist Network both Network Partner and Seller listing that property agree that:

      1. there is no binding agreement, contract, or undertaking to enter into a contract of sale for that property between the parties and Investorist;
      2. the Network Partner reserves that property at his/her/its own volition. Investorist does not make property recommendations, representations or offer property advice;
      3. the Seller must either accept or reject that reservation within 24 hours. Failure to accept or reject a reservation may result in the suspension of the Seller's account; and
      4. if the Seller accepts the reservation the Seller's only obligation to the Network Partner is to make available the contract documentations applicable to that property as soon as practicable.
    3. 27.3. Investorist does not guarantee the veracity of the reservation or the intention of the Network Partner or the Network Partner's client or associate to complete the sale of the property.

    4. 27.4. Investorist is not responsible or liable for the outcome of the reservation or in relation to any of the transactions entered into between Members.

  28. Reservation details

    1. 28.1. The personal details of the prospective purchaser entered into the reservation form by the Network Partner and submitted on the Investorist Network to the Seller are strictly for the sole purpose of preparing the contract of sale by the Seller. The personal details of that prospective purchaser do not become the property of the Seller or Investorist.

    2. 28.2. All communications regarding the contract of sale must be directed to the relevant Network Partner and not to Investorist.

    3. 28.3. A Seller is to notify the Network Partner if the Seller intends to directly contact the prospective purchaser referred by that Network Partner.

  29. Referral fee/commission

    1. 29.1. The agreement regarding referral fee/commission, or any other form of payment is strictly between the Seller and the Network Partner.

    2. 29.2. Any displayed referral fee or commission is the representation of the respective Seller and not Investorist. Investorist does not endorse and takes no responsibility or liability whatsoever in relation to any fee/commission displayed on the Investorist Network.

    3. 29.3. The referral fee/ commission or any other form of payment payable by the Seller to the Network Partner is solely the responsibility of the Seller.

    4. 29.4. Investorist is not a party to any arrangements, dealings or agreements made between the Network Partner and Seller regarding referral fees/ commissions or any other payments and takes no responsibility for the payment of referral fees/commissions or any other payments.

    5. 29.5. All communications and enquiries concerning referral fees/commissions or any other payments must be directed to the relevant Network Partner or Seller.

  30. Reports & information

    1. 30.1. Investorist provides Sellers with a range of reports regarding Sellers' property listings (For example, reports regarding New Deposits, Cancellations, Referral Fees/Commissions, Contract Statuses, and Product Price Calculations).All Reports provided by Investorist for Sellers are for convenience only and are based on information contained within the Investorist Network calculated using Investorist's algorithms.

    2. 30.2. Any reports, results, or information provided by Investorist should be treated by the Seller as a guide only and its accuracy and correctness should be checked by the Seller. The Seller relies on the reports, results or information provided by Investorist at the Seller's own risk. Investorist does not warrant or guarantee the accuracy or correctness of the reports, results or information provided by Investorist or that the reports, results or information are free of errors.

    3. 30.3. Property pages on the Investorist Network display suburb data and the Seller consents to the display of this suburb data. This information and data is provided by a third party not Investorist. Investorist has no control and is not responsible for the data/information provided by third parties. Likewise, Investorist displays Google Maps on property pages. Investorist has no control over and is not responsible for the accuracy and correctness of Google Maps.

    4. 30.4. Under no circumstances will Investorist be responsible for any actions/omissions taken on the basis of information contained in the reports, results or information provided by Investorist or the data and information provided by third parties.

    5. 30.5. The Seller should notify Investorist promptly about any errors /omissions found in the reports, results or information provided by Investorist or any third party provider.

  31. Feedback system

    1. 31.1. The Investorist Network provides a Member to Member feedback system. The Seller must not use any feedback or rating in a way that is inconsistent with or in breach of these Seller Terms and Conditions or Feedback Policy.

    2. 31.2. If the Seller wishes to use its Investorist feedback rating and/or comments outside of the Investorist Network the Seller must credit and acknowledge Investorist.

    3. 31.3. Additional terms regarding feedback are set out in the Feedback Policy.

  32. Events

    1. 32.1. Investorist hosts a variety of events. If a Seller requests Investorist to host an event (for example a hybrid prelaunch event) and Investorist accepts, the Seller acknowledges and agrees:

      1. that Investorist uses and edits content provided by the Seller in relation to the featured property to promote the event to Investorist Members. Investorist may not seek approval for the edits made to the Seller’s content and the Seller consents to those edits;
      2. that Investorist may promote the hybrid event through EDMs and banner advertising on the Investorist Network;
      3. that Investorist may broadcast the event online to Members through the Investorist Network. However, it is possible that third parties who are not Members may be able to view the event and Investorist has no control over this. The Seller acknowledges that it is possible for someone to rebroadcast, transmit and/or reproduce the event recording without Investorist’s authority;
      4. that Investorist does not guarantee or warrant:
        1. the number of Member event attendees (online/in person);
        2. the number of sales or reservations that may occur as a result of the event;
        3. the quality of the recording of the event; and
        4. Investorist’s capability to broadcast the event online; and
      5. the recording by Investorist of the event is strictly owned by Investorist. However, Investorist provides the seller with a irrevocable licence to use the recording for the purposes of promoting the property the event is regarding.
  33. Investorist Network General enquiries

    1. 33.1. Enquiries received through the Investorist Network via the Seller's profile page belong to Investorist but can be used by the Seller to answer queries etc.

  34. International transactions

    1. 34.1. Sellers may be able to promote property listings to international Network Partners. Members are responsible for complying with all laws and regulations applicable to the sale of property to international buyers.

    2. 34.2. If content has been translated by the Investorist translation service available on the Investorist Network into a language other than English it is the sole responsibility of the Member who posted or uploaded the content to the Investorist Network or provided Investorist with the content to be included on the Investorist Network, to thoroughly check the correctness and accuracy of the translated content. Any errors in the translated content are solely the responsibility of the Member who uploaded the content to the Investorist Network or provided the content to Investorist.

    3. 34.3. Under no circumstances will Investorist be liable for any content errors that occurred as a result of the translation service provided by the Investorist Network.

  35. Access to Investorist Network outside Australia

    1. 35.1. Investorist does not represent or warrant that the content on the Investorist Network complies with the laws of any country outside of Australia. If a Seller or a Network Partner accesses the Investorist Network outside of Australia, the Seller or Network Partner does so at his/her/its own risk.

  36. Using the Investorist Network

    1. 36.1. The Seller acknowledges and agrees that:

      1. no content from the Investorist Network may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except as expressly authorised in writing by Investorist;
      2. the Seller does not acquire any rights in any downloaded content or content sent to the Seller as part of any Investorist service;
      3. the Seller must abide by all copyright notices, restrictions and information on the Investorist Network and any information sent to the Seller by Investorist;
      4. the Seller must use the Investorist Network and any content found on the Investorist Network or any services offered through the Investorist Network for lawful purposes only;
      5. the Seller must not use the services of Investorist if the Seller is suspended from using Investorist services;
      6. the Seller must not use the Investorist Network or any services available on the Investorist Network to promote content that is false or misleading;
      7. the Seller must not upload, distribute, or disseminate through the Investorist Network any content that is inappropriate, threatening, indecent, menacing, discriminatory, libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity;
      8. the Seller will be solely responsible for its content made available through the Investorist Network. The Seller is solely liable for any loss or damage resulting, directly or indirectly, arising from or caused by the content provided by the Seller on the Investorist Network;
      9. the Seller is solely responsible for ensuring that any of its activities conducted on or through the Investorist Network are lawful;
      10. the Seller must ensure that the Seller complies with all applicable laws in Australia and other countries; and
      11. the Seller must always provide Investorist with true and accurate contact information, including a correct email address and payment details.

  37. Communications to Seller

    1. 37.1. Any communications or notices that Investorist sends the Seller in relation to the Seller's transactions, dealings or use of the Investorist Network are not intended to endorse or guarantee the Seller's transactions or dealings.

    2. 37.2. Investorist does not endorse or approve any information provided to the Seller by other Members or users of the Investorist Network and it is the Seller's responsibility to exercise caution when transacting on the Investorist Network.

    3. 37.3. The Seller may receive service related emails from Investorist.

  38. Copyright

    1. 38.1. The Investorist Network and content, information, materials and services provided on the Investorist Network are:

      1. owned, controlled and /or licensed by Investorist and/or its affiliated and related companies (except for content provided and owned by Members or other users of the Investorist Network), and
      2. protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
    2. 38.2. The Seller and any other user are prohibited from using:

      1. any content, information, material, trade-marks, logos, or any other intellectual property/ rights provided on the Investorist Network without the written consent of Investorist or such third party that owns the intellectual property/ rights; or
      2. other names, including, but not limited to, those identifying Investorist and/or its affiliates and related companies or their respective products and services without the written consent of Investorist or its affiliates or related companies.

  39. Disclaimer & limitation of liability

    1. 39.1. Investorist does not represent, guarantee or warrant that the content, information or material contained on the Investorist Network are correct, accurate, complete, current or free from errors or omissions.

    2. 39.2. Investorist accepts content from Members and users in good faith.

    3. 39.3. The Investorist services and the content contained on the Investorist Network are provided for informational purposes only and are not intended to meet any particular user's need.

    4. 39.4. Documents provided on the Investorist Network are provided as a service only, and do not constitute official versions of such documents.

    5. 39.5. The Investorist Network, and all content, material, information or postings found on or accessed through the Investorist Network and its services and products, are provided on an "AS IS" basis, with no guarantee of completeness, reliability, accuracy, timeliness and without warranty of any kind, express or implied, including, but not limited to warranties of performance, non-infringement of third party rights title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus.

    6. 39.6. Under no circumstances will Investorist, or related partnerships or corporations, or the partners, agents or employees thereof be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, system, facility or related service on the Investorist Network, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages.

    7. 39.7. Investorist makes no representation, warranty or endorsement of any product, service or content provided by the Investorist Network or the availability of any product, service or information available by means of the Investorist Network.

    8. 39.8. Investorist does not warrant or represent that any Seller, Network Partner or any other user of the Investorist Network has any particular qualifications or is legally entitled to carry on a particular business.

    9. 39.9. The Seller must investigate for itself the suitability, quality and condition of any products or services advertised or provided on the Investorist Network. It is the Seller's sole responsibility to verify any content on the Investorist Network, or provided to the Seller by other Members or users of the Investorist Network before relying on it. Investorist takes no responsibility of the outcome if any of such reliance. This disclaimer shall take effect to the fullest extent permitted by law.

    10. 39.10. The Seller specifically acknowledges and agrees that neither Investorist nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any offensive or illegal conduct of the Seller or any publication of defamatory content by the Seller.

    11. 39.11. Certain consumer protection laws may imply certain non-excludable warranties or conditions. To the extent that they are not permitted to be excluded, Investorist's liability for breach of such conditions and or warranties and the Seller's sole and exclusive remedy in relation to such breaches, shall be limited, at Investorist's option, to supplying the service again, or paying the cost of having the service supplied again.

    12. 39.12. Investorist is not liable for any loss or damage arising from or in relation to any dispute between Members and/or users of the Investorist Network.

    13. 39.13. Investorist is not liable for any loss caused by Investorist failing to comply with its obligations to Members and/or users where that loss is caused by events outside of Investorist's reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

    14. 39.14. Investorist is not liable for any loss caused by the alteration, withdrawal or restoration of any content.

  40. No warranty

    1. 40.1. Availability of Investorist services and access to the Investorist Network may be interfered with by numerous factors, including those outside of Investorist's control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, Investorist does not warrant or represent that Investorist services and Seller's access to the Investorist Network will be continuous, uninterrupted, timely, fault free, virus free or secure.

    2. 40.2. Investorist is not liable for any loss of money, good will or reputation arising, directly or indirectly, out of the Seller's use of or inability to use the Investorist Network or services.

    3. 40.3. The Seller's use of the Investorist Network or services is completely at the Seller's own risk.

  41. Release

    1. 41.1. The Seller releases Investorist (and Investorist's officers, directors, agents, subsidiaries, and employees), its affiliates and related companies from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between the Seller and any other Member or user of the Investorist Network.

  42. Indemnity

    1. 42.1. The Seller will defend and indemnify Investorist (and its officers, directors, agents, subsidiaries and employees) its affiliates and related companies from and against all claims, demands and liabilities (including legal costs incurred by Investorist) caused by or arising from or in relation to the Seller's breach of the Agreement, or the Seller's infringement of any law or the rights of a third party in the course of using the Investorist Network or services.

  43. Assignment

    1. 43.1. The Seller must not assign this Agreement without prior written consent from Investorist.

    2. 43.2. Investorist may assign this Agreement at anytime. If Investorist assigns this Agreement, Investorist will notify the Seller of the assignment.

  44. Termination and suspension by Investorist

    1. 44.1. Investorist may terminate this Agreement or bar access to the Seller’s online account (Premium Portal account and/or Investorist Seller account) and/or remove the Seller’s property listing from the Investorist Network after notifying the Seller, if:

      1. the Seller is in material breach of the Agreement and the Seller fails to remedy the breach within 7 days of notice;
      2. the Seller fails to pay outstanding fees after 7 days of notice;
      3. a legal dispute between the Seller and Investorist arises;
      4. the Seller directly contacts a prospective purchaser without the knowledge of the Network Partner who reserved the property;
      5. Investorist reasonably believes that there is a real risk of loss or damage or legal liability to Investorist or another party if Investorist does not suspend, terminate or limit the Seller's Investorist Premium Portal subscription and/or Investorist Seller online account;
      6. the law requires Investorist to do so;
      7. Investorist believes on reasonable grounds that providing the Seller a Premium Portal subscription and/or Investorist Seller online account is illegal or may become illegal;
      8. Investorist has received a serious complaint or multiple complaints regarding the Seller's activity on the Investorist Network; or
      9. the Seller takes any action that in Investorist's opinion:

        1. undermines the Investorist Network and/or Investorist services; or
        2. encourages a Member to circumvent the Investorist Network.
    2. 44.2. Investorist also reserves the right to remove property listings from the Investorist Network that have been inactive for 12 months or longer.

    3. 44.3. In the event of termination of this Agreement pursuant to 44.1 any outstanding amounts owed to Investorist must be paid by the Seller within 7 days of termination.

  45. Third party sites

    1. 45.1. The Investorist Network may contain links to other websites which are not maintained or controlled by Investorist. Third party sites are not part of the Investorist Network. These links are provided by Investorist solely for Member convenience.

    2. 45.2. Investorist makes no representations or warranties whatsoever about any third party site. Investorist does not endorse or accept any responsibility for, the content or use of any third party site.

    3. 45.3. If the Seller accesses any third party site, the Seller leaves the Investorist Network and does so entirely at the Seller's own risk.

  46. Confidential information and Privacy Policy

    1. 46.1. Investorist uses its best endeavours to keep the Seller's confidential information confidential and secure. Investorist will not knowingly give out or divulge the Seller's confidential information.

    2. 46.2. Investorist maintains site security and has implemented a number of security features aimed at keeping the Seller's confidential information secure within the Investorist Network. These security features include: Microsoft Azure Hosting and Microsoft Security Encryption across the Investorist Network. However, Investorist does not warrant or guarantee that the Investorist Network will not be able to be hacked or that Investorist will not lose any of the Seller's data or content.

    3. 46.3. Investorist values the Seller's privacy and Investorist collects, uses and discloses personal information in accordance with the Investorist Privacy Policy.

    4. 46.4. The Seller warrants that the Seller will not knowingly give out or divulge any confidential information relating to Investorist or other Members or any purchaser's personal details.

  47. Viruses

    1. 47.1. Investorist assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the Seller's or any other user's computer equipment or other property on account of the Seller's or other user's access to, use of, or browsing on the Investorist Network or downloading of any content from the Investorist Network.

    2. 47.2. The access or usage of whatsoever nature of the Investorist Network by the Seller or user is completely at the Seller's or user's own risk.

  48. Recourse

    1. 48.1. If the Seller is dissatisfied with the Investorist Network and/or its services the Seller's sole and exclusive remedy is to discontinue using the Investorist Network.

    2. 48.2. In such an event, the Seller agrees to destroy all content obtained by the Seller through the Investorist Network and all copies thereof. This provision shall survive on termination of the Agreement.

  49. Disputes between Members or other users

    1. 49.1. Investorist is not liable for any disputes that may arise between Sellers and Network Partners or other users.

    2. 49.2. If a dispute arises between a Seller and a Network Partner or other user, the responsibility for resolution of the issue rests solely with the Seller and Network Partner or other user.

    3. 49.3. If a Member has any questions, complaints, or issues regarding a transaction they must direct their queries to the other party.

  50. Complaints

    1. 50.1. If the Seller has any complaint or objection to any content on the Investorist Network, or if the Seller believes that content on the Investorist Network infringes a copyright that the Seller holds, the Seller should contact Investorist immediately by completing and emailing Investorist the relevant Investorist complaint form.

    2. 50.2. Investorist will not act on or accept receipt of any complaints without a completed and signed Investorist complaint form.

    3. 50.3. Once Investorist has received the Seller's completed and signed complaint form Investorist will contact the Seller within a reasonable time and notify the Seller of the action Investorist intends to take regarding the complaint. If Investorist decides to take down the offending content complained of, the removal of this content will be completed within a reasonable time frame.

  51. Legal disputes

    1. 51.1. In the event of a dispute between the Seller and Investorist, Investorist may consider alternative dispute resolution procedures as a means of resolving the dispute between the parties.

  52. Law and forum for legal disputes

    1. 52.1. This Agreement will be governed in all respects by the laws of Victoria, Australia.

    2. 52.2. If a dispute cannot be resolved then the Seller and Investorist irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Seller waives any rights the Seller may have to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).

  53. Additional Policies

    1. 53.1. The following policies also apply to the Seller's use of the Investorist Network and the Seller agrees to be bound by the terms contained in these policies/agreements:

      1. Investorist Privacy Policy;
      2. Investorist Feedback Policy; and
      3. Advertising Agreement (if applicable).
  54. Miscellaneous terms

    1. 54.1. Investorist and the Seller are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this Agreement.

    2. 54.2. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.

    3. 54.3. If Investorist does not act in relation to a particular breach by the Seller of this Agreement, this will not be treated as a waiver by Investorist of its right to act with respect to subsequent or similar breaches.

    4. 54.4. This Agreement contains the entire understanding and agreement between the Seller and Investorist. The following sections of these Seller Terms and Conditions survive any termination of this Agreement: Content (clause 22), Using Investorist (clause 36), Copyright (clause 38), Disclaimer and limitation of liability (clause 39), No Warranty (clause 40), Release (clause 41), Indemnity (clause 42), Confidential Information and Privacy Policy (clause 46), Recourse (clause 48), Disputes between Members or other users (clause 49) and Law and forum for legal disputes (clause 52).

    5. 54.5. In these terms, unless the contrary intention appears:

      1. clause headings are for ease of reference only and are not relevant to interpretation;
      2. a reference to a clause number includes a reference to its subclauses;
      3. words in the singular include the plural and vice versa;
      4. a reference to a person includes bodies corporate and unincorporated associations and partnerships; and
      5. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.


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