The following Terms and Conditions apply to qualify and remain a Certified Invest Approved Office with Invest Approved.
In this document, a reference to Invest Approved includes a reference to its directors, employees, associates, agents and any other person for whom we are vicariously liable (hereby referred to as “Invest Approved”, “we”, “our”, “us”).
As a Certified Invest Approved Office, you will be assigned an Invest Approved Property Investment Strategist. We will provide you with access to the Invest Approved Property Portal and access to Invest Approved content, automation and training (“the Services“). Invest Approved is a property investment solution built by experienced property investors for property investors.
- Licence: You warrant that for the duration of this agreement that you hold a current real estate agent’s licence;
- Disclosure of Information: To be set up as a Certified Invest Approved Office within the Invest Approved system, you agree to provide all necessary information as requested by Invest Approved. This includes the information requested through the certification and sign-up process including, but is not limited to Name, Contact Details, Agency and Office Details.
- Onboarding Process: You agree to nominate an Office Administration person as your point of contact who will commit to a suitable time for the onboarding process with Invest Approved via a scheduled Zoom call and understand your Office will not commence with the Invest Approved system until this process has been completed.
- Invest Approved Content: As a Certified Invest Approved Office you commit to your nominated Admin person sending our quarterly Invest Approved campaign emails and follow up (approx. 7 emails in total) as well as the Invest Approved free tool on offer to your database.
- Communication: Your nominated Admin person must commit to communicating with your appointed Property Investment Strategist. Emails and phone calls are to be returned within 48 hours.
- Conduct: You must act in good faith, integrity and to the highest professional standards in performing your obligations under this agreement, liaising with clients and/or prospective investors with Invest Approved and in all your dealings in connection with Invest Approved.
When a client has “opted in” to the Invest Approved system via content sent from your marketing sends, you give permission for the Invest Approved automated system to send emails from your assigned Invest Approved Property Strategist to guide your client through the Invest Approved automated system to support the sales process. All email communication sent to your clients will include an opt-out mechanism.
Access to the Invest Approved Property Portal will be provided with login details for your office after agreement of these terms and conditions and relevant details have been supplied. There is an expectation this Portal is used to its full potential.
The Invest Approved Portal will provide access to Invest Approved emails and tools to share with your database, and your assigned Invest Approved Property Strategist will have access to property packs to send to your clients to support Sales.
All emails and lead tools will have your unique code for tracking back to you as the Certified Invest Approved Office to ensure any sale is connected to your office.
Online resources and updates will be provided through the Property Portal to access at your own pace and you will be notified of any other training as required.
It is hereby disclosed, and you acknowledge and agree that Invest Approved may receive a referral fee, rebate, commission or benefit from the Builder(s) or developer(s) of the properties or products it displays on the Invest Approved Portal. The information on prospective properties may have been provided by the Builder or developer in conjunction with Invest Approved. Invest Approved may also work with the vendor or developer in developing marketing material the prospective properties or contractual negotiations for the purchase of the properties.
In the event that a client that you introduced to us, settles a purchase of a property recommended by Invest Approved with a vendor or developer, you will be entitled to a $10,000 + GST introducer fee (or any other amount as agreed between the parties in writing due to the circumstance of the settlement such as special projects). This fee becomes payable within 5 business days of the Builder receiving the Base Stage payment and or 10% Deposit on a completed construction product (whichever is the latter) (“Payment Stage”), which Invest Approved will inform you of the occurrence of. You must provide Invest Approved a valid tax invoice for any payment to be made, which Invest Approved will pay within fourteen (14) days of receipt of such valid tax invoice.
Whilst the parties anticipate that any purchaser who reaches a Payment Stage is most likely going to proceed to settlement of the ultimate purchase, it remains that there is some risk that some Purchasers will not do so. The parties acknowledge and agree that despite payment to you at a Payment Stage, that you indemnify and will remain liable for, and shall refund to Invest Approved upon request, the amount paid to you for any such referral that pulls out after the Payment Stage. This obligation survives termination of this Agreement, and the indemnities in this Agreement are continuing obligations, independent from the other obligations of the parties under this Agreement and continue after this Agreement ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.
There is no cost of this service to your clients.
All material relating to the Invest Approved Certification for which you are enrolling, whether presented during, before or after, is subject to copyright and other intellectual property rights. All such materials remain the property of their owners and must not be disclosed, recorded, used or reproduced, without the written permission of Invest Approval. You agree not to do anything, at any time that would infringe the intellectual property rights in such materials.
We respect your privacy and must insist that you respect the privacy of fellow participants. You agree not to disclose proprietary information, ideas, plans and trade secrets that are disclosed by other Participants in confidence, nor to violate the publicity, privacy or intellectual property rights of any participants or Invest Approved.
Warranties and Liabilities
In performing the Services:
- We make no express or implied claims that you will make money as a result of being part of the Invest Approved system.
- We make no warranty or guarantee as to the accuracy or suitability of the Services, to the maximum extent permitted by law. The Services are general advice and for information purposes only. The Services and their preparation do not take in to account your or your client’s personal situation or your or your client’s objectives, financial situation or needs. The Services are not to be considered advice, financial or otherwise.
- We draw to your attention that any person intending to purchase a property should assess the suitability of any investment in the property in light of the purchaser’s own needs and circumstances, which the purchaser can do personally or by consulting an appropriately licensed financial adviser. You acknowledge and agree that Invest Approved are not licensed to provide financial advice under the Financial services Reform Act 2001 (Cth).
Examples given are not intended to represent, warrant or guarantee that everyone will achieve the same results. Each individual’s success will be determined by his or her personal capability, skill, desire, dedication, effort and motivation to take action. You and each client recognise any business or property investment endeavour has inherent risk for loss of capital, and that each individual enters freely and of their own will, risk any and all capital you may choose to spend implementing concepts outlined while using the Services.
To the maximum extent permitted by law, our liability to you in connection with this agreement is limited to: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
Notwithstanding any other provision of this agreement the our liability under this agreement shall exclude any special, indirect of consequential loss suffered or incurred by you (including your clients, agents, employees or for any other person for whom you are vicariously liable) including but limited to loss of revenue, loss of goodwill, loss of savings or anticipated savings, loss of use, loss of opportunity, loss of profit, loss of reputation or business interruption.
Breach of Agreement
Failure to meet obligations will downgrade or cancel all access to the Invest Approved system, content and properties (refer Termination clause).
Written/email notice of a breach of this agreement will be sent and you will have 7 days to rectify and/or discuss concerns.
If the breach is unable to be rectified, this agreement will be terminated.
Any sales in the pipeline with contracts ordered for your clients will be honoured within 6 months from termination date of this agreement.
Clients that have opted-in to Invest Approved, will remain on the Invest Approved database.
Either party may terminate this agreement upon written notice to the other party:
- if the other party are in breach of this agreement for more than 14 days after receipt of a written/email notice specifying the breach and requiring its remedy; or
- if the other party ceases to carry on business, becomes insolvent, bankrupt or is otherwise unable to pay your debts when they fall due.
Clients that have opted-in to Invest Approved, will remain on the Invest Approved database.
Each party warrants and agrees that it shall comply with all applicable laws and regulations. The laws of the state of New South Wales govern this agreement and each party submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there. Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected. This agreement may not be varied except with the written approval of a director of Invest Approved. All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to Invest Approved under this agreement. Invest Approved excludes all liability (including negligence), for any personal injury, or loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Invest Approved system.
Invest ApprovedSuite 2608, 5 Lawson Street
Southport Qld 4215
ABN 26 619 659 629
Contact: [email protected]