Terms and Conditions

"Investir en Australie" portal, whose URL address is https://investinaustralie.com, hereinafter referred to as "IEA", is an internet portal dedicated to transactions in residential, land, industrial, commercial and agricultural real estate properties, and where Australian sellers and potential French-speaking buyers from around the world meet.

In addition to the properties above, the portal may market advertising spaces open to all, subject to acceptance by the Administrator, who has the greatest freedom of assessment in this matter.

These "Terms and Conditions" must be accepted without reservation upon subscription by the Stakeholder.

These "Terms and Conditions" constitute the main part of the contract for subscription to and use of IEA portal that the various Stakeholders below have subscribed to. They are supplemented as necessary by categorical contractual provisions for Sellers, Australian Francophone Agencies, Local Partner Agencies and Advertisers.

1 - Management of IEA portal

The portal is managed by "International Internet Commerce & Consulting Sarl" company, under the name "IICC Sarl", hereinafter referred to as "IICC", and whose postal address is:

IICC sarl - BP 8611 - 98807 NOUMEA CEDEX - New Caledonia

 2 - Definitions

In these "Terms and Conditions", and more generally in the relations of IEA portal and IICC Sarl company with the portal Users, unless expressly indicated otherwise, the terms below receive the following definitions:

• IEA: “Investir en Australie” portal, the URL of which is https://investinaustralia.com.

• IICC: "International Internet Commerce & Consulting Sarl" company, component of "Investir en Australie" system, in charge of managing IEA portal, registered in the Trade and Companies Register of New Caledonia under number R.C.S NOUMEA 2014 B 1 236 165 (2014 B 572) - RIDET: 1 236 165.002 - APE code: 82.99Z.

• LIA: real estate agency under Australian law "L'Immobilière Australienne Pty Ltd", component of "Investir en Australie" system, responsible for access to Australian properties and real estate professionals, interface between IEA portal and Australian Sellers and real estate professionals, ACN 632 675 113, ABN 34 632 675 113, holder of Queensland real estate agency License No 4301828.

• Administrator: the Administrator of IEA portal is the management company IICC sarl.

• Internet portal: generally, virtual space where sellers offer products (products and services) for sale, rental or exchange to Internet users potentially interested in acquiring, renting or exchanging these products and services.

IEA portal is the virtual space where Australian Sellers offer French-speaking Internet users residential, land, industrial, commercial or agricultural properties. The function of IEA portal vis-à-vis Members is essentially limited to the provision of this virtual space, the granting of access to the portal to its users, and the linking of sellers and buyers.

• Visitor: any Internet user who accesses IEA portal without having yet registered on the portal.

• User: natural or legal person, registered or not as a Stakeholder, who accesses IEA portal.

• Stakeholder: any natural or legal person who has successfully signed up for IEA portal. All Stakeholder subscriptions are free. The different categories of Stakeholders are:

o Member: Internet user, natural or legal person, in principle French-speaking, registered on IEA portal in this capacity, interested in the possible acquisition of residential, land, industrial, commercial or agricultural assets.

o Seller: Australian seller, natural or legal person, registered on IEA portal, and who presents there for sale residential, land, industrial, commercial or agricultural properties of which they are the owner.

o Seller by AFA: Australian real estate agency registered as an Australian Francophone Agency (see below), which replaces the owner of a property and, with the agreement of the latter, publishes this property on IEA portal.

o Australian Francophone Agency (AFA): real estate agency or business broker governed by Australian law which has a partnership contract with IEA portal under the terms of which they take charge of and effectively conducts the material, technical, legal and financial operations of transactions concerning the Member purchases brought to them through IEA portal. The AFA collects the Seller's sales commission and retrocedes part of it to IICC in remuneration for the introduction of clients made.

o Local Partner Agency (APL): real estate agency or business broker, in principle French-speaking, established outside Australia, generally in a French-speaking country or territory, which has a partnership contract with IEA portal under the terms of which they represent IEA portal within their community and receive, advise, guide and accompany the Members who are affiliated with them in their decision to buy. They only have the right to present the properties displayed on the IEA portal.

• Partner: Australian natural or legal person having a cooperation agreement with IEA portal, generally French-speaking, who bring their professional, legal or financial skills to the service of Buyer Members in order to make their experience and their transactions more understandable, more secure, easier and faster.

• Advertisers: natural or legal persons who wish to benefit from the notoriety of IEA portal to promote their company, their organization, their activity or their products.

• "Commission de Présentation de Clientèle" - CPC (Clientele Introduction Commission): commission that the AFA pays to the company managing IEA portal (IICC) in the event of an effective transaction.

• "Commission de Contribution aux Ventes" - CCV  (Sales Contribution Commission): commission that IICC pays to the APL in the event of a successful transaction carried out by a Member who was affiliated with them at the time of the confirmation of the transaction.

• Account: space within IEA portal assigned to the Stakeholder. The account contains all the elements collected during the subscription, which may be modified by its holder, including the password, as well as everything that makes up the activity of the Stakeholder on IEA portal.

• Access Level 1: access to the IEA portal open to all Visitors.

• Access Level 2: level of access granted to Stakeholders registered on the IEA portal. Level 2 allows interaction and communication with the portal.

• Electronic address: the expression "e-mail address" is used to designate electronic addresses.

• Electronic message: the expressions "e-mail", "electronic mail", "mail" are used interchangeably to designate electronic messages.

• Product: property for sale on the IEA site. It may be a residential property, property of a land nature, bare industrial or commercial premises, an industrial business or a commercial business, or property of an agricultural nature.

A "Program" is referred to as a composite set of individual product types offered for sale, such as a residential apartment building, residence, subdivision, shopping mall, etc. The different components of a "Program" are called "Associated Products".

When it is a single product, not included in a program, such as an isolated house, an agricultural property, a goodwill, an industrial unit, we then speak of a "Stand-Alone Product".

3 – Sellers

By registering, the Sellers undertake, under their entire responsibility, to display on the site only products on which they have a right of ownership which allows them to dispose of them in full and without reservation, or for which they have an express mandate to sell from the full legal owner. The Seller's subscription is equivalent to certification of this legal capacity. It is not up to the portal to control the legal capacity of the Seller to sell the product displayed on the site.

The following regime applies to them.

3.1 - Registration

When subscribing, the seller is invited to complete a subscription form, the fields of which are adapted according to the application. The information requested remains confidential and is used for the administration and statistics of the portal, as well as for contacts with the Seller. By submitting his registration, the candidate unreservedly accepts these "Terms and Conditions" for the use of IEA portal.

Acceptance of subscription is at the decision of the Administrator. It generates the creation of the Seller's account which the latter then accesses by username and password. The activation of their account allows the Seller to register their products.

3.2 – Registration of products

The Seller, from their account, can register their products themselves in an online file.

Under Australian law, non-resident foreigners can only acquire new residential properties, except for properties located in "Integrated Tourism Resorts". Thus the Seller can only register on IEA site residential properties that comply with this rule. When filing, the Seller certifies that the property concerned complies with these regulations.

The responsibility of the manager of the IEA portal, of its holder, or of IICC can in no way be sought in the event of fraudulent declarations by the Seller or the buyer.

The display of the product includes the reference of the property, its definition, its description, its photographic representation, its geographical location, and a link allowing interested Members to contact AFAs and APLs.

4 - Members

Members of the IEA portal are natural or legal persons registered on the portal as potential buyers. The following regime applies to them.

4.1 - Registration

When subscribing, free of charge, the candidate is invited to complete a registration form, the fields of which are adapted according to the application: natural person or legal person.

The information requested remains confidential and is used for the administration and statistics of the site, as well as for contacts with the Member. When registering, a limited amount of basic information is requested from the individual Member. It is only in the event of initiation of a purchase procedure that they will be asked for the additional information necessary for the constitution of their buyer's file.

By submitting their subscription, the candidate unreservedly accepts these "Terms and Conditions" for the use of IEA portal.

The submission of the form generates the creation of the Member's account which they access by username and password. The authenticity of the candidate's identity is verified by the so-called "double opt-in" method. The activation of their account allows the Member to access all the functionalities of the site and the details of the products published by Sellers. It also allows them to communicate with Users through the site's internal messaging module.

4.2 – Access to products

The Member has direct access to the entire IEA site and to the details of the offers offered. They can also launch a targeted search using a search form where various filters relating to geographical location, nature of the property, composition, make it possible to select the products corresponding to their request.

The portal's internal messaging allows them to communicate with the Portal Administration, as well as with the AFAs and APLs from which they can obtain the additional information they wish and with which they can initiate a possible purchase procedure. The exchanges of messages between the Member and an AFA are characterized by anonymity which is lifted only from the moment when the sale has become irreversible, i.e. when confirmation is given to the portal that the Member has paid the "Initial Deposit" equal to 10% of the price of the property. As long as this stage of the sale has not been reached, the Member undertakes not to communicate their personal contacts to any AFA (telephone, personal address, email address, etc.).

5 - Partners

Partners are natural or legal persons registered on the portal and who contribute through their professionalism to making the service provided by IEA more attractive and efficient, or who act as guides or prescribers to potential customers.

As such, belong to the category of Partners, without the list below being exhaustive:

5.1 - AFA

Entering into a partnership between "Investir en Australie" system and the AFA is at the discretion of the Administrator. In the event of acceptance by the Administrator, this partnership is the subject of a contract signed by the AFA. After signature by the AFA and validation of the AFA's registration, this contract offered online by the portal is deemed to have been signed by IEA system. This contract does not entail exclusivity of registration in their area of ​​intervention for the benefit of the AFA.

AFAs are Australian real estate agencies or business brokers, French-speaking as far as possible, which process the acquisition files of Members sent to them by the portal. When a displayed product is sold, the operation gives rise to the payment to IICC by the AFA responsible for conducting the operation of a "Clientele Introduction Commission" (CPC) equal to a percentage of the amount of commissions on the sale of the property collected from the Seller by the AFA. IICC's CPC rate is fixed by contract.

Members can contact all AFAs indiscriminately in the product information research phase. In this phase, the exchanges of messages between the Member and an AFA are characterized by anonymity.

When engaging in a purchase procedure, with or without prior travel to Australia, the Member must select an AFA who will then be responsible for conducting the property inspection operations and the purchase procedure. The exchanges of messages between the Member and an AFA are characterized by anonymity which is lifted only from the moment when the sale has become irreversible, i.e. when confirmation is given to the portal that the Member has paid the "Initial Deposit" equal to 10% of the price of the property.

Both in the information search phase and in the purchase procedure as long as the sale has not become irreversible, the AFA is prohibited from communicating with the Member other than anonymously through IEA portal internal messaging module. The anonymity is lifted as soon as the sale has become irreversible, that is to say when confirmation is given to the portal that the Member has paid the "Initial Deposit" equal to 10% of the price of the property. As long as this stage of the sale has not been reached, the AFA undertakes not to communicate to the Member its various contacts (telephone, physical address, email address, etc.). In order to protect the portal against any attempt to circumvent these provisions, any insertion of this type of data in a message will be automatically neutralized. Furthermore, any commitment by a Member to a purchasing procedure will give rise to the prior signature of a "Conjunction Agreement" between the AFA and LIA. Finally, any proven client misappropriation by an AFA may be penalized as the Administrator of the IEA portal wishes.

5.2 - APL

The partnership between "Investir en Australie" system and the APL is at the discretion of the Administrator. If accepted by the Administrator, this partnership is the subject of a contract signed by the APL. After signature by the APL and validation of the APL's registration, this contract offered online by the portal is deemed to have been signed by the IEA system. This contract does not entail exclusivity of registration in its area of ​​intervention for the benefit of the APL.

APLs are real estate agencies or business brokers generally established in French-speaking countries, which advise and guide Members interested in investing in Australia. Members may choose to join an APL by exclusive relationship for a period set by the Administrator. In the event of a successful transaction, the APL receives from IICC a "Sales Contribution Commission" (CCV) if the purchasing Member was linked to them at the time of the confirmed purchase. CCV's rate of remuneration is fixed by contract. The CCV is only due on the condition that IICC has previously received its CPC.

The internal messaging of IEA portal allows communication between an APL and the Members who are affiliated to it by an exclusive relationship.

5.3 - Collaborators

External contributors, mainly writers either of blog articles or of newsletter communications.

5.4 - Advertisers:

Promotional and advertising communication consulting agencies that channel customers to IEA's advertising department. Specific agreements organize the business relationship between these partners and IICC sarl. Advertisers reserve and purchase advertising space that IEA portal makes available to them. Advertising space rates are based on:

• the notoriety and the visibility of the page where the space is located, attested by the statistics of frequentation of the site;

• the location of the space within the page;

• the dimensions of the advertising space.

6 – Communication between Users and Members

The communication criteria between Stakeholders are established to protect the Members, to guarantee compliance by the parties with the criteria for remuneration of the services provided by the portal and to prevent any of the parties from evading their contractual obligations.

To enable Members to communicate with other Stakeholders, IEA provides them with an internal messaging module on the site.

The Administration of IEA portal receives copies of all messages exchanged via the internal messaging module between Stakeholders.

It is an essential condition for the registration of the Stakeholders and their use of the services of IEA portal to communicate with each other only through the site's messaging module. Consequently, registration on the site and use of the services provided by IEA entails an absolute prohibition for the Stakeholders to offer, indicate or provide to the other party, or to actually use, or attempt to use means of communication other than that provided by IEA through its internal communication module.

6.1 – Limitations of the information contained in the presentation of the products

In order to guarantee compliance with the above prohibition, the Seller undertakes not to include in the presentation of its products any element allowing Members to contact them directly without going through the site's internal messaging module, such as postal address, telephone or fax number, website URL address or e-mail address.

In order to protect itself against violations of these prohibitions, IEA portal will deploy all means at its convenience to detect and identify the presence of such elements in the posted products.

Products that contravene the previous provisions will be rejected or withdrawn by the portal Administrator.

6.2 – Limitations of means of communication between Stakeholders

The ban on direct communication between Stakeholders outside the internal messaging module also applies to communications in the context of exchanges on posted products.

A party that receives from the other party an offer to communicate by a communication means unrelated to IEA must decline the offer or refrain from responding to it. The violation by one of the parties of this prohibition to propose to the other party to communicate by a means foreign to IEA portal constitutes a violation of the contract of use established by these "Terms and Conditions" and may be sanctioned, at the discretion of IICC sarl, by temporary or permanent exclusion from the site without prejudice to any legal recourse in violation of the commercial conventions of the portal.

In addition to the fact that the portal Administrator receives a copy of all messages exchanged on the portal, anonymity is required on internal messaging as long as the transaction has not reached a point of irreversible commitment. The portal is equipped with a tool for detecting fraud and neutralizing the messages containing it.

 7 – Privacy policy

Faced with the development of new communication tools, IEA portal, its owner, and the managing company IICC pay the greatest attention to the protection of privacy and undertake to respect the confidentiality of the personal information collected.

The measures intended to guarantee this respect for the confidentiality of the information collected are specifically set out in the "Privacy Policy" part of the site.

 8 - Legal nature of the relationship with the Stakeholders

The definitive registration of the Sellers, AFA and APL constitutes the execution of a commercial agreement of which the present "Terms and Conditions", the contractual provisions and the elements, in particular tariffs, which are linked thereto, constitute the content.

This commercial agreement ceases after the Stakeholder has terminated its registration on the portal.

The relationship between the portal and the Members is a service provision relationship of the portal which allows the Member to access all the products displayed on the portal and offered for sale by their owners or their representatives.