Investment Exchange Pty Limited (ACN 161 370 903), trading as Invex (Invex, us or we), operate the portal Invex found at https://invex.property/login (the Platform). This document and web Platform page contains the terms and conditions (Terms) upon which we make the Platform available to you.
Invex may from time to time amend, update or change the Platform including these Terms, without prior notice to you, by posting a revised version of these Terms on the Platform. You should periodically check these Terms for changes. In case of a Substantial Change including a significant change in the way it charges the Fees, Invex will provide at least 30 days’ prior written notice of the change, buy may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. “Substantial Change” means a change to the Terms that reduces your rights or increases your responsibilities.
These are the current Terms and replace any other terms and conditions of use previously published for this Platform. Any revisions will take effect on the noted effective date or when posted if there is no noted effective date.
It is important that you understand these Terms, as they form a legal contract that governs your use of the Platform. Pursuant to your application to and/or by accessing or using the Platform, you agree to be bound by these Terms.
Invex provides an on-line property development network, distribution and transaction website through the Platform, which includes the following services:
A property developer (Developer) can post information on the Platform about a property development opportunity which “Agents” (being persons holding all necessary licences and approvals (including but not limited to a real estate licence) in accordance with applicable laws who have registered with the Platform as an “Agent” and provide their Real Estate License information) and “Referral Partners” (being, intermediaries in the business of referring potential purchasers to Agents who register with the Platform as a “Referral Partner”) can access pursuant to these Terms. Such property development opportunities may include but are not limited to off the plan apartments, units or other dwellings, land developments or subdivisions, other property related projects, or such other opportunities as agreed between a Developer and Invex (a Property);
Only a Developer, Agent or Referral Partner may register and use the Platform and the Invex Services. As Developers, Agents and/or Referral Partners, you are free to make and agree commercial arrangements between yourselves, however Invex is not a party to and will not have any liability to a Developer, an Agent or a Referral Partner with respect to a Property, Commission (as defined in section 6 below) or otherwise except as expressly set out in these Terms. You must not agree or attempt to alter or modify these Terms without Invex’s written consent.
For the purposes of these Terms, ‘you’ means (in most cases) the Developer, the Agent or Agent Company, a Master Agent (as defined below) or a Referral Partner registered to access or use the Platform. Upon registration, you will either be a Developer, an Agent or a Referral Partner in accordance with these Terms.
If you are registering on behalf of your employer, you could be a company, a partnership, or other legal entity. ‘You’ will be taken to have represented to us that you have authority to do so on your employer’s behalf and these Terms will be binding on your employer.
A Developer, Agent, and Referral Partner may be referred to collectively in these Terms as a client (Client).
By registering with us (Engagement), we create a company profile and an administrative user account via which you can access the Platform. You may authorise one or more users to access the Platform in connection with your company. You must not create an account, or permit a user to use the name of any company or organisation, or otherwise hold or permit a user to hold him or herself out as being a representative of a company or organisation, unless that person is authorised to do so. Prior to Engagement, you will be requested to provide your name, email address, work/position title, phone number and information about your company and such other information to enable your registration on the Platform.
To register as an Agent, or as a user of the Agent’s account, the Agent must hold all necessary licences, approvals and permits (including but not limited to a real estate licence) as required by applicable laws for so long as you remain registered on this Platform as an Agent. This information is referred to as your “Credentials”.
By registering with the Platform and providing the Credentials, you agree that you:
We may, from time to time, use any of your Credentials to make our own enquiries as to the completeness, accuracy or truthfulness of your Credentials and the information you have provided us. If you do not provide sufficient evidence within the time requested, we may suspend or cancel your account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or company’s identity we may without notice to you, disclose that information to any relevant persons or authorities.
You warrant and represent to Invex that the information you provide is and shall remain accurate, true and correct and that you will update this information held by Invex as soon as possible.
Invex reserves the right to suspend your profile or cancel your registration at any time, on Invex forming the view in its absolute discretion that Invex’s brand, operations (including the Platform, any blogs or membership) or business (including its clients, partners or affiliates) may be adversely affected or harmed as a result of your continued registration on the Platform.
If you are aperson registering on the Platform on behalf of a Developer (whether or not youhold all necessary licences and approvals (including but not limited to a realestate licence) in accordance with applicable laws) (Master Agent), youwarrant and represent to Invex that:
If you are aDeveloper and another person is registering on the Platform on your behalf (Grantor),you warrant and represent to Invex that:
The Developer must pay to Invex a fee for use of the Invex Services in respect of a Property (the Invex Platform Fee). The amount of the Invex Platform Fee is the amount agreed and accepted by the Developer through the Site for the Property upon allocating it to one or more Agents or as otherwise agreed in writing or electronically, between Invex and the Developer.
Where applicable, Invex may charge an upload fee to any Developer who uploads a property (Upload Fee).
The Invex Platform Fee will be payable at the time indicated in the relevant tax invoice.
Invex will issue a tax invoice to the Developer for the Invex Platform Fee when Invex determines that a Property sale transaction becomes enforceable and unconditional. Invoices must be paid within 14 days of the date of the invoice, via direct debit.
A late payment fee of 5% per month may be charged to any amount outstanding under these Terms if an invoice is not paid by the due date for payment.
The Invex Platform Fee and Upload Fee exclude GST. ‘GST’, ‘tax invoice’ and related terms have the same meanings as in the A New Tax System (Goods and Services Tax) Act 1999.
Clients may agree between themselves, and record on the Platform, their own arrangements regarding payment of any fee or commission between them for sale of a Property (Commission). Invex is not a party to, nor does it receive any portion of, a Commission. Notwithstanding that a Commission may be recorded and visible on the Platform for the relevant parties, Invex disclaims and excludes all and any liability or responsibility for any arrangements between Clients for payment of Commission.
You agree to use the Platform as your exclusive method to engage with the relevantAgent, Developer or Referral Partner, unless you have informed us in writing and we have confirmed in writing, prior to accepting these Terms,of any properties, projects or developments with Agents, Developers or ReferralPartners or other parties with whom you have a formal and legally enforceable pre-existing relationship. (Pre-Existing Relationships). For the avoidance of doubt, Pre-ExistingRelationships which have been disclosed to us and confirmed by us in writing priorto accepting these Terms, are exempted from the Invex Platform Fee.
For so long as you:
you, your employees, agents, representatives or related entities must not engage in any property transactions to sell a property or attempt to sell a property, in a manner other than via the Platform.
The Developer or Agent, in Invex’s discretion, shall pay Invex the amount of 10% of the fee payable to the Agent as a consequence of using the Platform in accordance with our Platform Fee Policy (Off Platform Transaction Fee).
This paragraph applies in Australia and any other overseas location where Invex is trading or operating.
You are solely responsible for all decisions you make in connection, or reliance on, the Platform, and the Invex Services.
The Platform and the Invex Services are provided on an “as is” basis with no guarantee of completeness, reliability or accuracy. Invex specifically excludes and disclaims any other representation or warranty (express or implied) including any warranty of performance, merchantability or fitness or suitability for a particular purpose. Invex makes no representation or warranty (express or implied) that the Platform or Invex Services will:
Invex does not provide financial advice, nor do we take into account any Client’s individual circumstances when we provide the Invex Services. Always seek independent financial and professional advice and consider whether the advice meets your needs.
If you sign up to the Platform as a Client, you consent to us displaying the name and/or logo of the relevant company or organisation on the Platform, both in the context of the Invex Services and generally. The name of your company may appear on the Platform that is visible to other users (for example in dropdown menus or auto-filling text entry forms). You acknowledge that, if you post content on the Platform, the fact that your company or organisation is using the Platform does not constitute confidential information.
In addition, unless we agree otherwise, you consent to us promoting the Platform in media and advertising independently of the Platform (whether online, in print advertising or otherwise), and using and publishing the name and/or logo of the relevant company or organisation for this purpose. You acknowledge and agree that we are not required to obtain your consent before doing this provided we use your company name and logo in a manner that is consistent with any content, information or material you upload to the Platform and we do not do anything that could result in you or your company breaching applicable laws.
We do not have, and expressly disclaim, any liability to you in connection with any content, information (including Commission), details or material you upload or input to the Platform (Posted Content). We cannot guarantee, and make no representations in relation to the completeness or accuracy of any Posted Content.
You warrant and you must ensure in respect of all your Posted Content that:
We may remove any Posted Content if we consider, acting reasonably, you or any other users have breached these Terms or if maintaining the content presents a risk to Invex’ reputation or business and operations (including the Platform).
We are not under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content.
We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so. However, we may at our discretion monitor Posted Content and you agree that we may modify or delete any Posted Content that is in breach of the Terms or that we determine (in our absolute discretion) is not appropriate for the Platform.
You are solely responsible for all of your Posted Content. You agree to indemnify us, and keep us indemnified, from and against any claims that arise in connection with your Posted Content.
We will not have any liability in connection with the deletion, loss, or unauthorised modification of any of your Posted Content.We reserve the right to keep the Posted Content on the Platform indefinitely unless it is removed earlier by the Client. Any part of Posted Content may be edited after it has been uploaded to the Platform.
You may not use any Posted Content for any purpose other than for the purpose for which it has been posted.
Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Platform’s public pages. You may not provide unauthorised interfaces to any of our applications.
You must keep your username and password secure, and you must not disclose those details to any other person. You may not transfer your account to another person.
You are solely responsible for the consequences of any use of your username and password by third parties, regardless of whether that use is authorised. If you believe that your username and password is being used by someone else, please contact us immediately.
Notwithstanding anything to the contrary in these Terms, you must not do any of the following without the prior express written permission of Invex:
Notwithstanding anything else in these Terms, we may, in our absolute discretion, refuse you or any other person access to part of the Platform at any time and for any reason. We may delete any Posted Content that we consider, in our absolute discretion, breaches these Terms or may cause reputational or operational harm to Invex, should the content remain on the Platform.
You own the Posted Content that you post to the Platform. We own or are licensed to use all other intellectual property in the Platform. You license Invex to use your Posted Content in accordance with the license below. You may not use any of our intellectual property for any purpose other than as may be required to use the Platform for its intended purpose.
In relation to your Posted Content and your use of the Platform, you grant to us an unconditional, world-wide and irrevocable, fully paid and royalty free license and right to use, display, copy, modify, adapt and publish all such intellectual property and Posted content for any purpose related to the Platform and the Invex Services.
By using the Platform, you warrant that you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo. You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your content.
You may not use or display any trade marks on the Platform without first obtaining the consent of the owner of the trade mark. We own the distinctive ' Invex' brand and logo.
Nothing on this Platform creates any right on your part (express or implied) that would allow you to use or display a trade mark that you do not own, regardless of whether the trade mark is currently registered.
This Platform may contain links or portals to other websites. We have no control over websites operated by third parties and we are not responsible for, and will not accept any liability in connection with, your access to or use of any third party website.
We may make scheduled changes to the Platform from time to time (Scheduled Outages). Where practical, we will give you reasonable notice of any Scheduled Outage that is likely to affect your use of the Platform. We will endeavour to make any Scheduled Outage as short as possible and at a time of day where the Platform usage is low. Usually, a Scheduled Outage will not last longer than 15 minutes and often a scheduled outage will not last more than 5 minutes.
An unscheduled outage means the unavailability of all or part of the Platform outside of Scheduled Outages (Unscheduled Outage). An Unscheduled Outage may be due to the application of urgent patches of fixes, urgent or unanticipated maintenance or otherwise as we may determine to be necessary or applied as soon as possible for security or performance reasons.
A force majeure event is any event beyond the reasonable control of Invex including but not limited to an act of God, inclement weather, flood, lightening, fire, industrial action, any act or omission of government or any other competent authority, war, military operations, riot or the act or omission of any party for whom Invex is not responsible (Force Majeure Event).
Notwithstanding any other provision in these Terms, we may at any time suspend your account and your access to the Platform for any reason, including without cause. The most likely reasons why we might suspend your account or access to the Platform include (but shall not be limited to):
Where practical and permissible, we will give you reasonable notice of any suspension unless the reason for the suspension relates to some wrongful conduct by you.
We will not have any liability in connection with any suspension of your account or your access to the Platform, regardless of the reason for suspension.
You use the Platform entirely at your own risk.
We are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Platform, or any other person’s use of or conduct in connection with the Platform, in any circumstance.
We cannot guarantee or warrant that any Posted Content, or any file you download or access from the Platform or that we deliver to you via email, will be free of infection or virus, worms, Trojan horses or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from this type of issue.
You indemnify us, and agree to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Platform, including any breach by you of these Terms or any applicable law or licensing requirements
To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Platform. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
The services provided by Invex are provided to facilitate interaction and communication between Clients. Invex is an ‘arms-length’, independent provider of services to all users of this Platform. Nothing in this contract is intended to create a partnership, joint venture, agency or employment relationship with a Client.
Invex is not an agent for any Clients.
Invex is not responsible for any advice, opinions, representations or statements made by the Clients or the quality of information or the Client’s Services as provided by the Clients.
You understand and agree that (i) Invex will not assume any liability with respect your interactions with any Client, and (ii) the knowledge, opinions and Posted Content of Clients is not ours, and we do not endorse them or any other information provided by any user.
If the Platform or any information it contains including your Credentials and the Client’s Posted Content and the Client’s Services is relied upon by a third party, you shall indemnify and hold harmless Invex in respect of any damages claimed by any such third party in respect of reliance on such information.
We may change these Terms at any time. You must ensure that you regularly review these Terms on the Platform to ensure you are familiar with the most up-to-date version. The latest version of these Terms, as posted on our Platform, will govern our relationship with you.
Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.
You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our principle place of business, which is as follows:
Investment Exchange Pty Limited (trading as Invex)
(a) Feedback: We may collect feedback from Clients about the Platform to assist improvements to the functioning of our search functionality and Platform.
(b) Assignment and Novation: We may assign or novate any of our rights or obligations under these Terms without your consent.
(c) Continued Application: These Terms will continue to apply even when you are not using the Platform and for 7 years after your account is de-registered.
(d) No Waiver: A waiver of these Terms must be agreed to in writing by Invex. No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.
(e) Cumulative Rights: The rights, powers and remedies provided to us in these Terms are cumulative with and are not exclusive of the rights, powers or remedies provided by law independently of these Terms.
(f) Entire Agreement: These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by agreeing to these Terms, except those contained in these Terms.
(g) Governing Law and Jurisdiction: These terms and conditions must be construed and interpreted in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
(h) Interpretation: Unless it is inappropriate in the context:
For so long as you:
you, your employees, agents, representatives or related entities must not engage in any property transactions to sell a property or attempt to sell a property, in a manner other than via the Invex Platform.
Invex will be entitled to 10% of the fee paid to the Agent of any property sold as a consequence of using the Invex Platform (Off Platform Transaction Fee). Only one Off Platform Transaction Fee applies to each sale and Invex may submit the invoice for the Off Platform Transaction Fee to either the Developer or Agent, in its absolute discretion.
We collect a variety of information from visitors to our platform found at https://invex.property (Invex Platform), some of which can be confidential. This Policy explains the types of information we collect and what we do with that information (among other things).
We acknowledge the importance of protecting personal information. We do not collect sensitive information as defined under the Privacy Act 1988 (Cth) ("Privacy Act"), such as racial or ethnicity information, political opinions or associations, criminal records or health information.
You do not have to provide us with your personal information but if you do not provide us with the personal information that we need, we may not be able to provide our Invex Services or assistance to you or on your behalf.
If we receive personal information that we have not requested (unsolicited personal information) we will, unless otherwise required or permitted by law, delete or destroy it as soon as possible after receiving it.
Visitors to Invex choose to interact with Invex in ways that require Invex to gather personal information. The amount and type of information that Invex gathers depends on the nature of the interaction. We collect personal information in a number of ways, including:
We may use your personal information to:
Any personal information provided to us may be disclosed, if appropriate, to other entities in order to facilitate the purpose for which the information was collected. Such entities generally include:
From time to time we may use the personal information we collect from you to identify particular Invex Services which we believe may be of interest to you. We may then contact you to let you know about these services and how they may benefit you. We will generally only do this with your prior consent (where practical) and we will always give you a choice to opt out of receiving such information in future.
Direct marketing from Invex may include notifications, newsletters, emails or phone calls.
We may also share your information with our service providers and other third parties so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services including contacting you in relation to the products or services.
Non-personal information about you may also be collected including, but not limited to, data relating to your activities on the Invex Platform (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses.
Every directly addressed marketing contact sent or made by Invex will include a means by which you may unsubscribe (or opt out) of receiving further marketing information. You may also instruct us at any time to remove any previous consent you provided to receive marketing communications from us. Requests should be directed to us via the channels provided under 'Contact us' below.
Invex may also collect personal information from you if you apply for a job with and/or become employed by us. In these circumstances:
You authorise us to collect any personal information (whether written or verbal) from any referee or previous employer specified in your application for employment or curriculum vitae for evaluation of your application for employment and to hold such information on your personal file for future evaluation of your employment by us.
You acknowledge that your personal information is collected for the purpose of evaluating your application for employment by us and, should you accept employment with us, the assessment of your continued employment by us and the administration by us of your remuneration and any PAYE obligations.You acknowledge that a failure by you to provide the requested personal information will have a detrimental effect on our ability to give your application proper consideration. You can request to access and/or correct your personal information in accordance with this policy.
You may access personal information we otherwise hold about you, subject to a small number of legal restrictions or exemptions. Where such restrictions or exemptions exist we will advise you of those reasons at the time of your request.
While we do not charge you for a request for accessing your personal information you should be aware that we may charge a reasonable fee (which will be notified to you once you make a request) for time and cost in the following circumstances:
We take reasonable steps to ensure that the personal information we hold about you is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your personal information by maintaining and updating your profile.
Please contact us using the contact details below as soon as possible if there are any changes to your personal information or if you believe the personal information we hold about you is not accurate, complete or up-to-date so that we can update your file accordingly.
We will take all reasonable steps to protect your personal information by storing it in a secure environment. When the information is no longer needed for any purpose for which it was collected, used or disclosed, it will be destroyed or permanently de-identified.
We will also take reasonable steps to protect any personal information from misuse, loss, and unauthorised access, modification or disclosure, including by implementing security procedures for access to our business premises and within our offices, as well as IT security procedures including password protection, firewalls and site monitoring.
Although we aim to create a safe, secure environment by trying to limit access to our website to legitimate users, we cannot guarantee that unauthorised parties will not gain access. We will not have any liability arising from any unauthorised access to your personal information.Please contact us immediately if you become aware of any unauthorised use of your account by anyone else or any other breach of security.
If you have any queries regarding privacy, whether that be in relation to this statement or arising out of your use of the site, you can contact us in any of the following ways:
email us at firstname.lastname@example.org
write to us at:
The Privacy Officer
Need more information on privacy?
For more general information regarding privacy in Australia, visit the website of the Office of the Australian Information Commissioner.