Disclaimer

Investorist Pty Ltd (“Investorist”) operates the Investorist Network (the "Investorist Network" means the websites located at www.app.investorist.com, www.cninvestorist.com and all Premium Portals– across desktop, mobile and tablet.)

Investorist is not involved in the actual transactions or dealings between sellers and network partners. The Investorist Network is merely a passive conduit for the distribution of information about property advertised for sale by sellers and communications between sellers and network partners.

Investorist is not a real estate agent and does not receive sales commissions on any property advertised on the Investorist Network. Investorist is not a party to any dealings or agreements made between members regarding referral fees/commissions or any other payments and takes no responsibility for the payment of referral fees/commissions or any other payments.

By registering or signing up as an Investorist member, accessing or using the Investorist Network in any manner, you agree to be bound by Investorist’s terms and conditions which can be accessed from the Investorist websites mentioned above.

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. Information on the Investorist Network should not be regarded as professional, legal, financial or real estate advice nor a substitute for such advice. Any statement or content made available by third parties, including but not limited to sellers on the Investorist Network, are those of the respective author or provider not of Investorist. Third party content does not represent the views of Investorist.

The Investorist Network, and all content, material, information or postings found on or accessed through the Investorist Network and Investorist 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.

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 or related service on the Investorist Network, directly or indirectly.

  1. Introduction

    1. 1.1 Investorist Pty Ltd (ACN 131897473) ("Investorist") operates the app.investorist.com website ("Investorist Site"). By accessing or using the Investorist Site in any manner, you agree to be bound by the following terms and conditions of this User Agreement, the Investorist Feedback Policy and Privacy Policy.

    2. 1.2 If you do not agree and accept all of these terms and conditions applicable to the Investorist Site you are not authorised to use the Investorist Site. You should immediately discontinue any use of the Investorist Site and/or any offered services.

    3. 1.3 Investorist reserves the right at any time, at its sole discretion, to change or modify this User Agreement and your continued access or use of the Investorist Site, constitutes your acceptance of the updated or modified User Agreement. It is your responsibility to check for such updates.

    4. 1.4 Investorist is not a real estate agent and does not receive sales commissions on any property advertised on the Investorist Site.

    5. 1.5 Information on the Investorist Site 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 this User Agreement:

      1. "content" means any and all information and material on the Investorist Site. (Includes content that is stored on the Investorist Site or published, posted, or uploaded to the Investorist Site).
      2. "Investorist Site" means the website located at www.app.investorist.com
      3. "licensed" means having the required permit issued by the relevant authority.
      4. "Member" means a person who is registered on the Investorist Site as either a Seller or Network Partner.
      5. "Network Partner" means a registered Member and includes but is not limited to a licensed real estate agent, licensed financial planner or advisor, lawyer, accountant or licensed mortgage broker.
      6. "property" means the property listed by Sellers on the Investorist Site.
      7. "purchaser" means a person who buys a property listed on the Investorist Site buy a Seller.
      8. "reservation" means a Network Partner has clicked the "reserve" link next to a specific property and completed the 5 step process on the Investorist Site.
      9. "reserve" is the link a Network Partner clicks when the Network Partner or his/her/ its associate or client has a genuine intention to enter into a contract of sale for a specific property.
      10. "Seller" means a registered Investorist Member who is either a property developer or licensed real estate agent who is selling off the plan units/ apartments /condominiums or new houses in land developments or subdivisions.
      11. "third party site" means other websites which are not maintained or controlled by Investorist.
      12. "transaction" means the same as "reservation".
      13. "User Agreement" means this agreement.
      14. "you" means any person who is not a Member who is accessing and/or using the Investorist Site.

  3. Registering as a Seller or Network Partner

    1. 3.1 You can only transact on the Investorist Site if you are a Member of Investorist.

    2. 3.2 Your membership is subject to approval by Investorist.

    3. 3.3 If you decide to register as a Seller you are required to:

      1. complete the Investorist registration form;
      2. accept the terms and conditions contained in the Seller Agreement; and
      3. be at least 18 years of age and legally able to sell the property you intend to upload and/ or promote on the Investorist Site.
    4. 3.4 If you decide to register as a Network Partner you are required to:

      1. complete the Investorist registration form;
      2. accept the terms and conditions contained in the Network Partner Agreement; and
      3. be one of the following:

        • licensed real estate agent;
        • licensed financial planner or advisor;
        • licensed mortgage broker;
        • lawyer; or
        • accountant.

  4. Transactions or dealings between Sellers and Network Partners

    1. 4.1 Investorist is not involved in the actual transactions or dealings between Sellers and Network Partners.

    2. 4.2 The Investorist Site is merely a passive conduit for the distribution of information about property advertised for sale by Sellers.

    3. 4.3 Investorist does not represent or guarantee:

      1. the accuracy, truth, suitability, quality, or legality of any property listed;
      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. 4.4 Investorist does not endorse and takes no responsibility for any representations made by any Member in relation to any property.

  5. Cancelling membership

    1. 5.1 You can cancel your membership with Investorist at any time by removing/deleting all of your content from the Investorist Site. It is not Investorist's responsibility to remove or delete any information belonging to you from the Investorist Site.

  6. Third party content

    1. 6.1 The Investorist Site 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 Site).

    2. 6.2 Investorist does not monitor or make inquiries about third party content.

    3. 6.3 Any opinion, advice, statement, service, offer, image or other information or content expressed or made available by third parties on the Investorist Site, are those of the respective author, distributor or provider not of Investorist. Third party content does not represent the views of Investorist.

    4. 6.4 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 Site by anyone other than authorized Investorist employee spokespersons while acting in their official capacities.

    5. 6.5 You release Investorist from any claims that you could assert against Investorist relating to or in connection with third party content.

    6. 6.6 You rely on third party content completely at your own risk.

  7. Content translation

    1. 7.1 Investorist uses both computer generated and human translation services to provide content in different languages. You accept that both of these translation methods are very likely to result in errors. You accept that Investorist is an English speaking company and translations are only provided for user convenience.

    2. 7.2 Any translated (non-English) copy should be used as a guide only and must not be relied upon as absolutely correct and or accurate.

    3. 7.3 You should check the correctness and accuracy of any content with the Member who is responsible for that content.

    4. 7.4 Investorist is in no way liable for any errors in translation.

  8. Access to Investorist Site outside Australia

    1. 8.1 Investorist does not represent or warrant that the content, information or material on the Investorist Site complies with the laws of any country outside of Australia. If you access the Investorist Site outside of Australia, you do so at your own risk.

  9. Using Investorist

    1. 9.1 You agree that:

      1. no information or material from the Investorist Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except as expressly authorised by Investorist;
      2. you do not acquire any rights in any downloaded content from the Investorist Site or content sent to you as part of any Investorist service;
      3. you must abide by all copyright notices, restrictions and information on the Investorist Site and any information sent to you by Investorist;
      4. you must use the Investorist Site and any content, material, or information found on the Investorist Site or any services offered through the Investorist Site solely for lawful purposes;
      5. you must not use the Investorist Site or any services available on the Investorist Site to promote content that is false or misleading;
      6. you must not upload to, distribute, or disseminate through the Investorist Site 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;
      7. you will be solely responsible for the content you make available through the Investorist Site. You are solely liable for any loss or damage resulting, directly or indirectly, arising from or caused by the content provided by you on the Investorist Site.
      8. you are solely responsible for ensuring that any activities conducted on or through the Investorist Site are lawful;
      9. you must ensure that you comply with all applicable laws in Australia and other countries; and
      10. you must always provide Investorist with true and accurate contact information, including a correct email address.

    2. 9.2 You must not:

      1. take any action that may undermine Investorist's fee structure or billing process;
      2. take any action that may undermine the Investorist Feedback System;
      3. misrepresent your identity (For example, impersonate another person when registering as a Seller or Network Partner) or provide false details of any nature on the Investorist Site;
      4. use a Member's account without permission;
      5. distribute or post spam, unsolicited or bulk electronic communications or chain letters to Members or users of the Investorist Site;
      6. knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Investorist Site;
      7. copy, modify or distribute content, material or information from the Investorist Site;
      8. copy, modify or distribute Investorist's patents, copyrights, trademarks or intellectual properties
      9. collect and/ or use information about Members, including email addresses, without their consent; or
      10. attempt to do, or permit another person to do, any of the above acts.

  10. Communications to you

    1. 10.1 Investorist does not endorse or approve any information provided to you by other Members or users of the Investorist Site and it is your responsibility to exercise caution when relying and /or acting on the information provided by other Members or users of the Investorist Site.

    2. 10.2 You may receive service related emails from Investorist.

  11. Copyright

    1. 11.1 The Investorist Site and content, information, materials and services provided on the Investorist Site 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 Site), and
      2. protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
    2. 11.2 You 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 Site without the written consent of Investorist or such third party that owns the intellectual property/ rights.
      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.

  12. Disclaimer & limitation of liability

    1. 12.1 Investorist Pty Ltd (“Investorist”) operates the app.investorist.com website (the “Investorist Site”). Investorist is not involved in the actual transactions or dealings between sellers and network partners. The Investorist Site is merely a passive conduit for the distribution of information about property advertised for sale by sellers and communications between sellers and network partners. Investorist is not a party to any dealings or agreements made between members regarding referral fees/commissions or any other payments and takes no responsibility for the payment of referral fees/commissions or any other payments.

    2. 12.2 Investorist is not a real estate agent and does not receive sales commissions on any property advertised on the Investorist Site. By registering or signing up as an Investorist member, accessing or using the Investorist Site in any manner, you agree to be bound by Investorist’s terms and conditions which can be accessed from the Investorist Site.

    3. 12.3 Investorist does not represent, guarantee or warrant that the content, information or material contained on the Investorist Site are correct, accurate, complete, current or free from errors or omissions. Information on the Investorist Site should not be regarded as professional, legal, financial or real estate advice nor a substitute for such advice. Any statement or content made available by third parties, including but not limited to sellers on the Investorist Site, are those of the respective author or provider not of Investorist. Third party content does not represent the views of Investorist.

    4. 12.4 The Investorist Site, and all content, material, information or postings found on or accessed through the Investorist Site and Investorist 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.

    5. 12.5 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 or related service on the Investorist Network, directly or indirectly.

  13. No warranty

    1. 13.1 Availability of Investorist services and access to the Investorist Site 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 your access to the Investorist Site will be continuous, uninterrupted, timely, fault free, virus free or secure.

    2. 13.2 Investorist is not liable for any loss of money, good will or reputation arising, directly or indirectly, out of your use of or inability to use the Investorist Site or services.

    3. 13.3 Your use of the Investorist Site or services is completely at your own risk.

  14. Release

    1. 14.1 You release 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 you and any other Member or user of the Investorist Site.

  15. Indemnity

    1. 15.1 You 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 your use and access to the Investorist Site or in relation to your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Investorist Site or services.

  16. Not authorised to register as a Member

    1. 16.1 You are not authorised to register as a Seller or Network Partner if:

      1. you are in material breach of this User Agreement;
      2. a legal dispute between you and Investorist arises;
      3. Investorist reasonably believes that there is a real risk of loss or damage or legal liability to Investorist or another party if Investorist approves your registration or allows you access to the Investorist Site;
      4. Investorist believes on reasonable grounds that providing you with an Investorist account or access to the Investorist Site is illegal or may become illegal; or
      5. Investorist has received a serious complaint or multiple complaints regarding your activity or conduct.

  17. Third party sites

    1. 17.1 The Investorist Site may contain links to other websites which are not maintained or controlled by Investorist. Third party sites are not part of the Investorist Site. These links are provided by Investorist solely for user convenience.

    2. 17.2 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. 17.3 If you access any third party site, you leave the Investorist Site and do so entirely at your own risk.

  18. Security & Privacy Policy

    1. 18.1 Investorist maintains site security and has implemented a number of security features aimed at keeping your information secure within the Investorist Site. These security features include: Microsoft Azure Hosting, Mircosoft Security Encryption across the Investorist Site. However, Investorist does not warrant or guarantee that the Investorist Site will not be able to be hacked or that Investorist will not lose any of your data or content.

    2. 18.2 Investorist values your privacy and collects, uses and discloses your personal information in accordance with the Investorist Privacy Policy.

  19. Viruses

    1. 19.1 Investorist assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your or any other computer equipment or property on account of your access to or use of the Investorist Site or downloading of any information, content, data or materials from the Investorist Site.

    2. 19.2 The access or usage of whatsoever nature of the Investorist Site by you is completely at your own risk.

  20. Recourse

    1. 20.1 If you are dissatisfied with the Investorist Site and/or its services your sole and exclusive remedy is to discontinue using the Investorist Site. In such an event, you agree to destroy all materials obtained by you through the Investorist Site and all copies thereof. These provisions shall survive any such termination.

  21. Disputes between Members and other users

    1. 21.1 Investorist is not liable for any disputes that may arise between Members or other users.

    2. 21.2 If a dispute arises between you and a Member or other user, the responsibility for resolution of the issue rests solely with you and the other party.

  22. Complaints

    1. 22.1 If you have any complaints or objections to any information, material or content on the Investorist Site, or if you believe that information, material or content posted on the Investorist Site infringes a copyright that you hold, please contact Investorist immediately by completing and emailing Investorist the relevant Investorist complaint form.

    2. 22.2 Investorist will not act on or accept receipt of any complaints without a completed and signed Investorist complaint form.

    3. 22.3 Once Investorist has received your completed and signed complaint form Investorist will contact you within a reasonable time and notify you of the action Investorist intends to take regarding your 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.

  23. Legal disputes

    1. 23.1 In the event of a dispute between you and Investorist, Investorist may consider alternative dispute resolution procedures as a means of resolving the dispute between the parties.

  24. Law and forum for legal disputes

    1. 24.1 This User Agreement will be governed in all respects by the laws of Victoria, Australia. If a dispute cannot be resolved then you and Investorist irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

  25. Additional policies and agreements

    1. 25.1 The following policies also apply to your use of the Investorist Site and you agree to be bound by the terms contained in these policies/agreements:

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

    1. 26.1 Investorist and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this User Agreement.

    2. 26.2 If any provision of this User Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.

    3. 26.3 If Investorist does not act in relation to a particular breach by you of this User Agreement, this will not be treated as a waiver by Investorist of its right to act with respect to subsequent or similar breaches.

    4. 26.4 This User Agreement contains the entire understanding and agreement between you and Investorist. The following sections survive any termination of this User Agreement: Content (clause 6), Using Investorist (clause 11), Copyright (clause 13), Disclaimer and limitation of liability (clause 14), Release (clause 16), Indemnity (clause 17), Privacy Policy (clause 20), Recourse (clause 22), Disputes between Members or other users (clause 23), and Law and forum for legal disputes (clause 26).

    5. 26.5 In this User Agreement, 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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