TERMS AND CONDITIONS OF USE

The Terms and Conditions of Use are governed by the laws of the State of Queensland, Australia.

The website BuyOrInvest.com.au is an online advertising medium and marketplace that makes property information available and advertises properties for sale and for rent using the Assquire® system explained at www.Assquire.com.au.

The website owners, Mortgage Alternative Pty Ltd ACN 165 856 860 (MAPL), are not involved in the negotiation or actual sale transaction between sellers and buyers. A related company, Haigslea Residential Limited ACN 168 101 479 (HRL) Queensland real estate license number 3995434, acts as licensed real estate agent for the sellers to Mortgage Alternative buyers. Assquire investors may also purchase homes on conventional terms from vendors and their own real estate agents advertising on this website to sell on conventional sales terms, but looking to access Assquire® sales channels for a new channel of ultimate owner occupier buyers (accessible only through a sale first to an Assquire investor). The two separate categories of listings are explained in more detail below.

The website BuyOrInvest.com.au is merely a passive conduit for the on-line distribution and publication of information about properties. As a result, MAPL and HRL (collectively or individually described herein as “we’ or “us”) have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any properties advertised for sale or rent on the BuyOrInvest.com.au site, the accuracy or truth of any advertising listings on the BuyOrInvest.com.au site or the ability of

By choosing to use our website you are accepting the Terms and Conditions of Use of our website. Should you object to any of the Terms and Conditions on our website, you should immediately stop using the BuyOrInvest.com.au website.

Restrictions on Use

This website and the information and facilities contained on this website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of MAPL. MAPL reserves the right to permanently ban and/or notify the appropriate authorities of any person that uses, or attempts to use, the website or facilities for illegal purposes, or who posts, or attempts to post, abusive, vulgar, offensive, defamatory, hateful, threatening, obscene or sexually-oriented material.

In addition, you must not:

· Data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;

· Incorporate any of the content on the site with any other material, including advertising or promotional material;

· Create links from the site to any other website on the Internet, or frame or mirror the site without our prior written consent;

· Use the site or any facilities available on the site to defame, harass, threaten, menace or offend any person;

· Tamper with, make excessive traffic demands, or hinder the operation of the site in a way that we deem, in our sole discretion , to be inappropriate, unreasonable or disproportionate

· Make unauthorised modifications to the site or any content on the site;

· Knowingly transmit any virus or other disabling feature to or via the site;

· Use the site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or

· Use the site or any facilities available on the site for any activities, or transmit to or via the site any information or material (including submitting ads), which:

Breach any laws or regulations;
Breach these Terms;
Infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
Are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
Are false or misleading;
Are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
Identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority; or
Attempt to do, or permit another person to do, any of the above acts.

You access the BuyOrInvest.com.au website at your own risk and you are responsible for compliance with the laws of your jurisdiction and these Terms and Conditions of Use.

Minimum Age and Legal Rights to Sell or Request

You must be at least 18 years of age to place an advertisement with MAPL or purchase/rent a property via the BuyOrInvest.com.au site.

If you are a vendor, or acting on behalf of a vendor, you must be legally able to sell or rent the property you are advertising.

Verification

We reserve the right (but are not required) to verify the availability of properties offered for sale and rent, and to verify the information contained in any advertisements (including ownership information). You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.

Access to BuyOrInvest.com.au site outside Australia

We do not represent or warrant that the content on the website complies with the laws of any country outside of Australia. If you access the website from outside Australia, you do so at your own risk.

Investors buying on Buy to Invest – Apply before you Buy

All investor purchasers on our “Invest” page are strongly encouraged to apply on line at assquire.com.au/aap before purchasing any property. Once you apply there will be information available to you that you can take to your advisors.

The investment returns from the Assquire system are attractive, however your future returns might be significantly impacted by making the wrong decision, or your intending property purchase may not meet our property assessment criteria, or you or your purchasing entity may not meet the Assquire system criteria. All investors are encouraged to obtain sound independent financial, tax, legal and loan advice and a thorough understanding of the Assquire system as well as an understanding of your own financial affairs.

We want all investors to gain maximum returns from the use of this system. The right time to get advice is before you buy.

Investors Seeking to Re-list a Property to Mortgage Alternative Home Buyers

Investors can only re-list a new property that is not yet capable of occupation around completion time when the property will become both titled and capable of occupation.

Investors looking to purchase a property on the “Invest” page of this website (with a mortgage) to re-list on this site, for re-sale and lease to a Mortgage Alternative home buyer, under the “Buy” (or “Buy to Live in”) web page should first speak with their financial adviser or lender about their intended use of the Assquire system, which includes a second mortgage security (but no loan) for the MA Buyer. There is a small risk that because the Assquire system is new and they have not come across it before, your lender will deny or without consent, but there is an Assquire Explanatory Guide for Lenders (available on request during the application process on assquire.com.au/aap) which clearly demonstrates why their security position and power of sale remains strong, and arguably strengthened but not weakened.

Disclaimer

All information contained on this website (including the content of advertisements placed on the website) is for informational purposes only.

MAPL and HRL each do not guarantee or warrant that the information on this website is accurate, current or complete and will not be held responsible for any errors or omissions. MAPL and HRL each do not endorse or approve the content posted on the website and will not be responsible or liable in any way for its content or accuracy.
MAPL and HRL each make every effort, but cannot guarantee the screening of any content posted on the website prior to publication and are not responsible for and accept no liability for the content.

Each of MAPL and HRL, their respective staff or representatives are not liable to users of this website for any loss or damage suffered by a person or entity on the basis of, or in reliance upon, any of the information contained on this website.

Information on, or posted on, this website may be amended by MAPL without notice, at any time. MAPL reserves the right to remove without notice any information posted on the website for any reason.

MAPL provides the website to you unaltered but subject to all defects whether patent or latent. MAPL does not warrant or guarantee to you that the website will be available for use at all times and free from faults or errors.

Third Party Content

This website may contain links to other website we own or to other third party websites. These links are provided for your convenience only.

Many of these other websites may not be controlled by MAPL. MAPL does not endorse or approve of the views or content of these websites. MAPL will not be held liable for the content or views contained on these websites or for any loss or damage suffered as a result of your use of a third party website.

Copyright & Trade Marks

The material contained on this website, the software, design, text, graphics and layout comprising the website are owned by or licensed to MAPL and protected by copyright.

You are not authorised to use or modify any of the trademarks or logos (registered or unregistered) on this website without the written permission of MAPL.

You may download and print individual pages of the website BuyOrInvest.com.au for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the BuyOrInvest.com.au site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the BuyOrInvestnvest.com.au site for commercial purposes or for commercial gain.

Transaction Currency

All transactions are processed in AUD.

Refund Policy

Please choose carefully. We do not normally give refunds for listings or advertising fees for change of mind or if you make a wrong decision. You can choose between a refund, exchange or credit where our goods or services are faulty, or have been wrongly described or don’t do what they are supposed to do. See also below under the heading “Removal of a For Sale Advertisement” for extra details on the no refund policy for property listings and for what circumstances in which you are obliged (or not obliged) to remove a listing.

Security Policy

When purchasing from BuyOrInvest.com.au your details are passed through industry standard encryption technology. When making online payments your Account Data is not collected, transferred or stored by the website BuyOrInvest.com.au, all payment forms and processing is fully outsourced to a third party provider. If you have any questions regarding our security policy, please contact our customer support centre at info@mortgagealternative.com.au

Listings

By listing your property with MAPL on BuyOrInvest.com.au, you agree to have the sale of your property posted or advertised by MAPL on the BuyOrInvest.com.au website and mentioned by MAPL and/or HRL in any promotional material those companies use into the future, for the purposes of promoting
the BuyOrInvest.com.au website.

Privacy

MAPL and/or HRL may collect personal information about you through this website or one of our affiliated websites such as Assquire.com.au or MortgageAlternative.com.au, or via surveys or competitions or if you subscribe to any services provided by us. This personal information may include your name, contact details and any other specifically requested information (“Information”).

Information collected about you is subject to our Privacy Statement/Policywhich is located at the bottom of this page, here and also here. By your use of this website, you consent to the collection and use of the Information for storage, processing and use by MAPL, HRL and their affiliates and licensees (such as mortgage brokers and real estate agents) of the Assquire® system in accordance with the Privacy Statement.

Severability

If any of these Terms and Conditions of Use is invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

No waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms and Conditions of Use, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Correspondence from MAPL

If you register on this site to receive newsletters or other information or updates from us, you consent to receive correspondence from us. This may include email alerts as well as our newsletters. The email alerts and newsletter may contain information about third party products and services and/ or advertisements by third parties. You may change the status of your email alerts or opt-out from receiving our newsletters at any time by notifying us.

If you have listed a property on the site or listed another advertisement, our correspondence to you may also include information regarding the status of your advertisement, confirmation of the receipt and publication of your advertisement, confirmation of any changes made by you and notification of possible changes to the status of your advertisement. This correspondence forms part of MAPL’s service and is necessary for the management of your account. If you do not wish to receive this correspondence you can indicate your preference by notifying us at any time.

Direct Marketing

Use of the information available on BuyOrInvest.com.au for direct marketing purposes is prohibited. Direct Marketing is defined as one to one marketing which uses one or more advertising media to effect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.

Changes to these Terms

From time to time, we may need to change these Terms and Conditions of Use to reflect our changing business. We may also need to change these Terms and Conditions of Use if we are required by law, for security reasons or for technical or infrastructure reasons.

We may change the Terms and Conditions of Use at any time by posting the changed Terms and Conditions of Use on the BuyOrInvest.com.au site.

Agency

We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions of Use.

This Agreement constitutes the whole agreement

This document, the online application and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded
and cancelled.

Indemnity

By placing an advertisement on the BuyOrInvest.com.au website, you indemnify MAPL against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that MAPL incurs or suffers as a direct or indirect result of:

· a breach by you of these Terms and Conditions of Use;

· an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any advertisement posted on the BuyOrInvest.com.au site;

· any claims brought by or on behalf of any third party relating to any act or omission by you caused by any advertisement placed on the BuyOrInvest.com.au site; or

· an advertisement or any proposed advertisement posted by you on the BuyOrInvest.com.au site.

Property Data

Property data is made available to users of the site and is sourced from various providers, including builder as well as agent and private seller notifications to MAPL. This data includes (but is not limited to) sold dates and prices, photos, key property attributes and other property information.

In consideration of MAPL permitting use of the property data you acknowledge and agree that MAPL gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation liability in negligence) for any loss,
damage or costs (including consequential damage) relating to any use of the data. Data must not be used for Direct Marketing or be used in breach of the privacy laws.

You are not permitted to:

· Use the information provided on the site for anything other than your own personal or internal business purposes

On-sell or sub-license the information

· Otherwise disclose or provide the information for anything other than your own personal or internal business purposes

· Alter the format, meaning or substance of the information provided on the site.

Where you are disclosing or otherwise providing the information in any form to any other person in accordance with the permitted use, you are required to:

· Use best endeavours to ensure that the third party who provided the information complies with the relevant Privacy Legislation

· Act reasonably in dealing with any complaints made in relation to the information and the relevant Privacy Legislation

· Notify MAPL at privacy@mortgagealternative.com.au of any privacy complaints made in relation to the information with a clear description of the property ID and address of the property, or nature and location of the advertisement on our website, to which the complaint relates. Please also place the word “Website Complaint – BOI” in the subject heading of your email notification.

Content Provided to MAPL

By providing content (in the form of an advertisement or any other form) to MAPL, you are agreeing that the information is non-confidential for all purposes. You are granting permission to the public to use, copy, distribute and display your communications.

The supplied content may include text descriptions, graphics, pictures and other content relevant to the target property, good or service that you supply.
We reserve the right to modify or refuse any content which appears reasonably unsuitable to us.

You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in the supplied content. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit.

Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display your content. However, we make no guarantees or representations regarding the display of the content.

MAPL is not liable for any loss caused to you as a result of submitting content to the site.

Placing of Advertisements

The placing of advertisements on the website is subject to these Terms and Conditions of Use.

Agent and Builder Advertisements

MAPL takes property listings for sale, but also allows for third party products and services to be advertised, as deemed relevant to our Assquire investor and MA home buyer customer bases.

In making a decision to list or to advertise on this site, you should note that the Assquire system produces two separate places for listing and advertising a residential property on BuyOrInvest.com.au: one for vendors to sell to Assquire investors on conventional terms, and another for home buyers to buy from Assquire investors on extended settlement Assquire system terms.

Only Assquire investors can sell directly to Mortgage Alternative (MA) home buyers on approved extended settlement terms.

MAPL charges a fee to vendors on each listings category on BuyOrInvest.com.au: firstly for vendors to list a property for sale to an Assquire investor on conventional settlement terms; secondly, for Assquire investors to re-list a property for extended sale and rent to an MA home buyer using the Assquire system.

You must be a real estate agent or agency, or a licensed builder or project marketing company in order to place an advertisement on this website.

Any real estate agent can place an advertisement on this site to sell TO a prospective Assquire investor an established home of a vendor on conventional terms. Accredited builders or project marketing companies can also advertise on this site to sell TO a prospective Assquire investor on conventional terms. See www.Assquire.com.au for details or https://buyorinvest.com.au/realestateagency/ or https://buyorinvest.com.au/become-a-seller-builders/ or https://buyorinvest.com.au/become-a-seller-project-marketers/ . Alternately, contact us at enquiries@assquire.com.au.

If you are a vendor or act for a vendor, that vendor must agree to these terms and conditions, and the agency or builder vendor or project marketing company will only be able to list the property in question for purchase by an Assquire investor only – not directly to a Mortgage Alternative (MA) home buyer.

MA buyers can only purchase from Assquire investors under the Assquire system, and who have appointed HRL as their agent to make that on sale, or where HRL have been appointed to sell the property of a current landlord who is switching to the Assquire system.

Only vendors’ agents, agencies or builders or project marketing companies with a valid Assquire account are permitted to upload properties for listing on the website BuyOrInvest.com.au.

Upload of properties for listing can be done using only means and methods supported by MAPL, whether directly provided by MAPL or by a third party.

Content of a For Sale Advertisement

As noted earlier, MAPL takes property listings for sale, but also allows for third party products and services to be advertised, as deemed relevant to our Assquire investor and MA home buyer customer bases.

Your advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that property or to your services that you provide. In addition, any phone number or email address provided by you for listing or inclusion in an advertisement must be yours, or you must have permission to use it. You must ensure that any phone number or email address listed in your advertisement is correct. We reserve the right to modify or refuse any ad which appears reasonably unsuitable to us.

You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your advertisement. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your advertisement.

Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display advertisements in the format our website allows. However, we make no guarantees or representations regarding the display of your advertisement. We also reserve the right to select, edit, condense, determine the duration of, withdraw or refuse an advertisement.

If you are an Assquire investor for whom HRL acts as your agent, to be able to list a property for sale to an MA buyer on this website, you must first be an approved seller under HRL’s policies and procedures which include:

1. Agree to appoint HRL as your agent to sell and lease the property in accordance with HRL’s procedures and special conditions for such. Contact HRL or see Assquire.com.au for details;

2. Prepay to HRL the relevant credit and/or property valuation and/or building inspection fees noted in the above agency appointment terms and conditions – see Assquire.com.au for a summary;

3. Agree the Base Price for Listing of the property with HRL as per the Assquire system; and

4. Pay our Listing Fee as outlined in the HRL agency appointment agreement.

MAPL does not warrant or guarantee that you will receive a response to your advertisement from potential buyers. MAPL is not responsible for any misrepresentations made by a potential buyer when enquiring about a property that you are selling.

MAPL is not liable for any loss caused to you as a result of entering into a contract of sale with a buyer who was sourced from any of MAPL’s websites including the following websites:

BuyOrInvest.com.au;

Mortgagealternative.com.au;

Assquire.com.au

These sites can only contain generic and non-specific information on the Products as we do not know of your personal individual circumstances and HRL acts for the seller, not the buyer in an Assquire investor sale to a Mortgage Alternative home buyer.

Readers of this website (including distribution channels, sellers and buyers) should not rely upon any representations made on our websites, in marketing materials or in any discussions with HRL staff or HRL’s distribution channels, as the terms of the seller’s actual sales contracts or distribution agreements for our Products will prevail and may differ. No reliance should be made on any materials on the website, in making your final decision to distribute, sell, purchase and/or lease any property, as the relevant circumstances apply to you.

Vendors to Assquire Investors

If you are a vendor, you acknowledge that because of the Assquire system, purchasers looking to become Assquire investors may be restricted in their ability to on-sell the property to an MA home buyer because of the Assquire system rules, and so may look to purchase from you on terms such as “subject to Assquire suitability”. This may restrict or discourage some buyers from purchasing your property and by using this site to advertise your property, you are accepting that sales risk.

Vendors who are not Assquire investors, but are looking to sell to Assquire investors on normal conventional terms will be separately categorised by the website BuyOrInvest.com.au and may, however, opt for the price not to be available to potential Assquire investor purchaser browsers. If this is the case, you must be prepared to enter into negotiations once contacted regarding the property.

Removal of a For Sale Advertisement

You may cancel or withdraw your advertisement at any time, subject to the comments and limitations listed below. No refunds will be provided on advertisements which have been paid for prior to cancellation or withdrawal.

Assquire system listings operate under an open listing basis.

Accordingly, and because of the on-sale aspect of the Assquire system to MA buyers, it is your responsibility to remove your advertisement from the site ONLY if you sell the property by another means (i.e. you sell it conventionally and NOT to an Assquire investor) or if the property is withdrawn prior to sale.

To be clear, agents of vendors selling TO Assquire investors should not remove the property once it is successfully sold to an Assquire investor, as those investors will wish to resubmit the property for on-sale to an MA buyer and for their longer term lease and occupation under the Assquire system rules. MAPL will take care of that procedure for you.

If there is a period between the contracted purchase of a property by an Assquire investor and the settlement on that contract and the property’s re-sale to an MA Buyer, MAPL and HRL will liaise to bring the property into “suspended mode” on BuyOrInvest.com.au until the Assquire investor reaches approved seller status under the Assquire system and has paid their listing fee to re-advertise the property to MA buyers. MAPL will take care of that procedure for you.

In all other cases of sale by other means or withdrawal of the property prior to sale, you can and must withdraw the property from BuyOrInvest.com.au through your listing agent. You must advise MAPL by email to listings@mortgagealternative.com.au of the sale of your property when a formal contract of sale of the property has been signed by both parties and it does not involve a sale to an Assquire investor (Haigslea Residential will be responsible to advise MAPL by email to listings@mortgagealternative.com.au only in the circumstance where they act for the seller in an on-sale to an MA home buyer).

All vendor property advertisements remain on the “properties for property investors” section of the BuyOrInvest.com.au site until:

1. removed by MAPL in accordance with the procedures outlined in the paragraph above on sale or,

2. if withdrawn from sale by you or if sold by other means, until removed by you or your agent,

or where we consider the advertisement no longer valid due to the expiration of six months. We will attempt to contact you prior to removing your advertisement in this case.

Change in Property Circumstances

You or your listing agent must notify MAPL within 7 days of a change in circumstance relating to your property listed on the BuyOrInvest.com.au website. A change in circumstance includes but is not limited to:

· Withdrawal of the property from the sales market;

The property is placed under offer; or

· The property sale is contracted between the parties; or

· In the case of a conventional sale outside the Assquire system, the property is placed under contract.

MAPL monitors sales of properties listed on our website.

Fair Trading Legislation

If you are a commercial advertiser in Victoria, section 29 of the Fair Trading Act 1999 (Victoria) applies to your ad. Section 29 of the Fair Trading Act 1999 (Victoria) requires businesses to identify themselves in their advertisements by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number. If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.

If you are a commercial advertiser in Tasmania, section 23 of the Fair Trading Act 1990 (Tasmania) applies to your advertisement. Section 23 of the Fair Trading Act 1990 (Tasmania) prohibits businesses from listing their address as a private box number unless the advertisement also includes the business’ name and business address or the name and residential address of the person who has rented or obtained the private box number.

Support

MAPL provides email support to you for technical issues that may arise from time to time.

You acknowledge that MAPL will use their best endeavours when providing support but are not obliged to have a solution for each and every technical issue that may arise.

Fees and Payment Terms

Fees for various products and services are as displayed on the website.

Any fees you pay to place an advertisement, or consume any other service on or via the BuyOrInvest.com.au site do not grant you exclusive rights to any web pages on the BuyOrInvest.com.au site. We may, without your consent or any payment to you, place third party advertisements on any web page within the BuyOrInvest.com.au site.

We do not accept your advertisement for approval until a successful payment has been confirmed.

GST

All prices on the website are inclusive of GST.

You are responsible for paying all fees and taxes (including GST) associated with consuming any services on the site.