Terms of Use

1. General
The MyBrix platform (MyBrix Platform) and all associated websites, portals, apps, products and services (collectively, MyBrix Services) is operated by MYBRIX PTY LTD (ACN: 669 479 636) and its related bodies corporate (referred to as “MyBrix”, “we”, “our” or “us”).

These terms and conditions (Terms) govern your use of the MyBrix Services. By accessing or using the MyBrix Services, you agree to be bound by the Terms, including any modifications to them from time to time, and you make or give the acknowledgements, representations or warranties (as applicable) in these Terms. You must not use the MyBrix Services if you do not agree to these Terms.

The MyBrix Services are intended for use only by citizens and permanent residents of Australia. You acknowledge and confirm that you are at least 18 years old, an Australian citizen or permanent resident, and legally capable of entering into binding contracts. You acknowledge and agree that we may, at any time, require you to provide evidence of your age, proof of residence in Australia, citizenship or Australian visa status.

By clicking “I Agree”, creating an account or accessing or using any part of the MyBrix Services, you agree to be bound by these Terms.
By agreeing to these Terms, you acknowledge that you have read, understood and agree to MyBrix’s Privacy Policy as available at www.mybrix.com.au/privacy-policy.

By agreeing to these Terms and registering on the MyBrix Services, you hereby acknowledge and agree that we are not providing any financial or other advice, and that you will obtain your own independent financial, legal and tax advice regarding the appropriateness of using the MyBrix Services having regard to your personal objectives, financial situation and needs.

MyBrix makes no guarantee that the estimated values of a property listed on the MyBrix Platform (a Property) in any report are correct or can be achieved. A Property Assessment Report is not an offer of any funding, nor is it financial advice. Report Purchasers should at all times seek their own independent financial advice.

2. User Accounts (MyBrix Membership)
When you successfully register to use the MyBrix Services you will become a Member of the MyBrix Services (MyBrix Member). Each MyBrix Member will be granted a personal, worldwide, non-assignable and non-exclusive right to access and use the MyBrix Services.

When registering as a MyBrix Member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

You must not:
• register as a MyBrix Member multiple times; or
• impersonate or create a MyBrix Membership for any person other than yourself.

Upon becoming a MyBrix Member you will be given a MyBrix Member account with a username and password that entitles you to:
• view properties;
• purchase or sell Brix;
• access MyBrix Services; and
• communicate with us and other MyBrix Members.

MyBrix Members may be given access to a digital representation of a wallet (Wallet) in the name of the MyBrix Member. The amount indicated in the Wallet as available funds may be used to purchase Brix in a Property. All Brix purchased will also be held in the same Wallet on the MyBrix Platform.
You may, at any time, deposit funds into the accounts represented by the Wallet in AUDD.

Any income or other proceeds payable to you as a MyBrix Member will be paid into the accounts represented by the Wallet in AUDD.

All MyBrix Member funds will be held in AUDD which are issued by independent company Novatti Group Limited (ASX: NOV) (Novatti), a publicly-traded fintech company.

AUDD is an Australian Dollar (A$) backed stablecoin, which is a type of digital currency. This is reviewed and attested monthly by Novatti’s external auditors (refer to https://audd.digital/ for further information regarding Novatti AUDD.

MyBrix Members may withdraw funds from the accounts represented by the Wallet by using the processes defined for holders of AUDD accounts by Novatti.

We will provide a secure MyBrix Member portal showing your Wallet balance, Brix holdings and all Wallet transactions.

3. Security
MyBrix Members must use a username and password to access and use the MyBrix Services and any feature, functionality or service provided on or via the MyBrix Services. You agree to take all reasonable steps to protect your username and password at all times and not disclose it to anyone for any reason. Other than to directly log into MyBrix Services, we will never ask you to disclose your password to us or to any third party via email or otherwise.

We may ask you to change your password regularly, but recommend you do so regularly in any case.

You agree to familiarise yourself with good practice concerning the selection and management of passwords. In particular, consider using a password management service and do not choose a password that you use for another service or is readily guessed from information that can be obtained about you.

If you have any suspicion that your username or password or other confidential information regarding your MyBrix Member account has been lost, stolen, accessed inappropriately or otherwise compromised, you should change your password and contact us at security@mybrix.com.au as soon as possible. You also agree to contact us as soon as possible if you actually become aware of the theft or misappropriation of your username or password, or of any unauthorised access to your MyBrix Member account.

You must take your own precautions to ensure your access to the MyBrix Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.

We may use your email address registered with us from time to time to send you confidential communications, including password resets. You agree to take reasonable steps to protect your registered email and keep it secure and only accessible by you.

You must not post links, use bots or embed script or code on any other part of the MyBrix Services or use any system or technique facilitating any form of hacking or cybercrime (e.g. robot, spider or other device), or which seeks to compromise anyone’s cyber security, to access, misuse or degrade data of MyBrix, a MyBrix Member or any other person, to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the MyBrix Services or to interfere with, disrupt or create an undue burden on the MyBrix Services.

4. Access to Services
Whilst we use reasonable endeavours to ensure that the MyBrix Services and materials on the MyBrix Services are available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

Your access to the MyBrix Services may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

5. Advertisements
The MyBrix Services may contain links to third party websites and advertisements including embedded links, which are provided for your information only. These links and advertisements are not part of the MyBrix Services and are not under our control. We have not reviewed any of the sites linked to the MyBrix Services and we are not responsible for the content or accuracy of any such pages or any other sites linked to the MyBrix Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site, advertiser or its products and services, or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites. If you contact a third party using a functionality provided on the MyBrix Services, we do not accept any responsibility for any communications or transactions between you and that third party.

6. Notifications and Correspondence
We may send you messages and other information from time to time while you are using the MyBrix Services to your registered email address. All such communications will be in English and we only accept communication to us in English. Any notice, request, demand or other communication may be sent to your registered email address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you on the day that we send it without receiving any notice of failure of delivery to you.

MyBrix Members can unsubscribe from newsletters, alerts, marketing materials or other type of notification at any time.

7. MyBrix Services
A Brix does not, and is not intended to, constitute any interest in a Property other than to represent a right to 1/10,000th of the sale price of a Property.

The MyBrix Services offered by us are not intended to be and do not constitute an asset management service or managed investment scheme under the Corporations Act 2001 (Cth).

MyBrix Members holding a Brix for a Property have no day-to-day control over the Property and must not assert any claim that they are entitled to such control. The owner of a Property (Property Owner) is responsible for decision making over all aspects of the Property.

We do not exercise any discretion regarding the ownership or management of any Property or any funds held in a MyBrix Member’s Wallet.

No information provided by us (via any medium) constitutes financial, legal, business, taxation or other advice or an express or implied recommendation that the MyBrix Services, Property or Brix are suitable for you. Before acting on any information provided by us, you should consider the appropriateness of the information, having regard to your objectives, financial situation and needs and obtain independent financial, legal and tax advice.

Any investment in a Property and any use of the MyBrix Services may involve risk of loss, including loss of capital. We do not give any guarantees regarding the performance or any returns on investment and past returns do not constitute an indication or guarantee of future performance.

8. Power of attorney
In order to facilitate the MyBrix Services provided by us, as a MyBrix Member you are required to appoint us as your attorney for certain specified purposes. We will provide you with the form of power of attorney for you to execute and return to us. We will only exercise this power on your behalf in accordance instructions you provide, which may include standing instructions to act in accordance with these terms. We do not have any discretion under the terms of any power of attorney to act without your direction or instruction.

9. MyBrix Exclusive Rights
Property Owners will enter into a contractual arrangement with MyBrix which will grant a mortgage to MyBrix over the Property (the Mortgage) for the benefit of all Brix holders (including us, who will hold 5% of the Brix for every Property funded through the MyBrix Platform, and the Property Owner. We will register the Mortgage.

MyBrix will have the following exclusive rights in relation to a Property, and each Property Owner grants us these rights:

a) For rental Properties – Engaging licensed property management agents and establishing rental and tenancy arrangements (both short term and long term);
b) For all Properties – Engaging licensed property sales agents and establishing method of sale, marketing of the Property as well as setting the ultimate sale price for the Property;
c) Full control over all Brix Transactions (buying, holding or selling on the MyBrix Platform. For avoidance of doubt, you cannot trade Brix in any way on any other platform; and
d) managing any of the above relationships.
Property Owners who do not comply with the above will be in breach of their Mortgage conditions and could face actions including applying monitory penalties or forced sale of their Property.

10. Fees
The fees payable to us for your use of the MyBrix Services are disclosed in the MyBrix Product Disclosure Statement (PDS), as amended from time to time. You will not use, or authorise or enable others to use, the MyBrix Services without paying the fees to us that are applicable to that use.

Stamp duty is required to be paid when purchasing any real property in Australia. The duty varies in each State and Territory and according to the value of the property and will be payable by the Property Owner when initially purchasing the Property, there is no stamp duty payable for the Sale or Purchase of Brix.

Land registry fees are required to be paid every time a property transfer is made or a document is registered against a legal title. These vary in each State and Territory and will and will be payable by the Property Owner when initially purchasing the Property.

The Electronic Lodgement Network Operator (ELNO) accessed via the MyBrix Services as at the date of these Terms is PEXA. PEXA fees are paid by the purchaser on every transaction involving transfer of ownership interests in a Property and will be payable by the Property Owner when initially purchasing the Property.

Legal and conveyancing fees and costs associated with payout of any existing mortgage or issuing of Brix or the sale of the Property at end of term will be payable by MyBrix and are included in the MyBrix fees and charges detailed in the MyBrix portal.

11. Termination and Suspension
We may terminate or suspend access to your MyBrix Member account at any time if an incorrect username or password is entered or if we reasonably believe:

a) your account is at risk, been compromised or for other general security reasons, in which case you will be unable to access your account until it is reactivated;
b) you have breached or fail to comply with any of these Terms or any other agreement in place relevant to the MyBrix Services, including failure to pay any sum of money to us or any other MyBrix Services user when due;
c) you are in violation of any law or regulation (whether foreign or local) that is applicable or relates to the MyBrix Services; or
d) you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal or immoral activity,
and we shall notify you either prior to the suspension or termination, if prior notification is not possible, promptly after the suspension or termination (unless prohibited by law). If we exercise a right to suspend or terminate your account, you must pay any losses, costs or expenses that we incur in relation to such action.

If we suspect fraud or improper purpose on your part we may reverse any transaction, report any transaction to appropriate authorities, claim damages from you or close or suspend your account without any recourse on your part.

12. Privacy and information
You agree to provide us personal information (including evidence of your identity, citizenship and country of residence) and consent to us collecting, storing, using and disclosing such personal information in accordance with our Privacy Policy available at www.mybrix.com.au.

We may amend our Privacy Policy from time to time by publishing such amendments on the MyBrix website, so we encourage you to check at www.mybrix.com.au periodically to ensure that you are aware of our current Privacy Policy.

You authorise us to use any personal information we collect from you, or other relevant documents and information to:

a) assess your request to access the MyBrix Services as a MyBrix Member;
b) provide any of the MyBrix services to you in accordance with these Terms;
c) allow us to communicate with third parties in connection with the matters contemplated by these Terms; and
d) ensure that legal and regulatory requirements under applicable laws (including relating to anti-money laundering and counter-terrorism financing (AML/CTF)) are met.

You authorise us to disclose your personal information to:
a) credit reporting bodies for the purpose of our obligations under the AML/CTF regime;
b) our service providers;
c) other companies, organisations or individuals if we believe in good faith that it is required to comply with any applicable law or enforceable request by a Government or other legal body;
d) Government and other regulatory bodies and authorities whether in Australia or elsewhere;
e) payment system operators; and
f) third parties for marketing activities.

You represent and warrant that you have the necessary authority to provide personal information about you and if acting;
a) on behalf of joint owners, for each of the other joint owners; or
b) as a trustee, all beneficiaries, settlors, appointors or protectors.
You must notify us in writing when any of the information provided by you changes.

We may process and store information about you on a device located outside the country where you live in electronic form or hard copy.
You have a right to access, update or delete any personal information that we hold about you.

Sometimes there may be a reason such as legitimate business or legal reasons as to why access will not be possible. If that is the case, you will be told why.

We may combine information about you from the MyBrix Services with information from other products and services we develop on our own.

You are not required to provide us with your personal information, but if you do not we may be unable to provide you with some or all of the MyBrix Services (including access to the MyBrix Services).

13. Intellectual property rights
The MyBrix Services are subject to copyright and possibly other intellectual property rights (such as Trade Marks or Patents).

We retain all rights, title and interest in and to the MyBrix Services, and nothing you do on, via or in connection with the MyBrix Services will result in a transfer to you of any intellectual property rights or any content that may be accessed or gathered as a result of using the MyBrix Services.
Without our written permission, or unless authorised by applicable law, you may not frame or mirror any part of the MyBrix Services or copy, modify, adapt, distribute, sell or licence any part of the MyBrix Services, nor may you reverse engineer, decipher, decompile, disassemble or attempt to extract the code of the MyBrix Services or cause any other person to do so.

You must not remove, obscure, or alter any branding, logos, legal or other notices displayed in connection with the MyBrix Services. Nothing displayed on the MyBrix Services should be construed as granting any right of use in relation to any logo, masthead or trademark displayed on the MyBrix Services without the express written consent of the relevant owner.

If you submit feedback comments, suggestions, ideas, description of processes, or other information about the MyBrix Services (Information), we may use it without incurring any financial or other obligation to you. You grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable right to use, copy, modify and otherwise exploit the Information, without any restriction or obligation on account of intellectual property rights or otherwise.

14. Dispute resolution
We are committed to dealing and resolving issues that arise on the MyBrix Services in accordance with our internal dispute resolution (IDR) Policy.
Our IDR Policy aims to facilitate an effective and timely resolution of disputes between:

a) MyBrix Members;
b) MyBrix Members and service providers; and
c) MyBrix Members and MyBrix.
If you wish to make a complaint about the MyBrix Services, or any other issue arising on the MyBrix Services, you can contact us at complaints@mybrix.com.au or via the Contact Us function at www.mybrix.com.au. Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.

We treat all information submitted in connection with complaints in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving our processes and procedures.

Copies of information gathered or exchanged during the IDR process will be made available to you on written request.

We may amend our IDR Policy from time to time by publishing such amendments at www.mybrix.com.au so we encourage you to check www.mybrix.com.au periodically to ensure that you are aware of our current IDR Policy.

In the case of a dispute, in the absence of evidence to the contrary, our records of electronic or telephone communications shall be conclusive of the details of the communications by the MyBrix Services, email, internet or telephone (as the case may be) between MyBrix Members, MyBrix Members and Service Providers, and MyBrix Members and us.

We will give you a written response to your claim and the reasons for reaching a particular decision. If you believe that we have failed to address your complaint satisfactorily, we will provide you with information about any further steps you may take including how to escalate the complaint to an external body or terminate your participation.

15. Limitation of Liability
To the maximum extent permitted by law, we are not responsible or liable for any losses, disruption damage or missed opportunity that you or any other MyBrix Member may incur or experience as a result of the use of the MyBrix Services. You accept and acknowledge that, except to the extent that liability cannot by law be excluded, we and our advisers, officers, employees and agents do not accept any responsibility in relation to the MyBrix Services. To the extent permitted by law, MyBrix Members agree to release MyBrix and our advisers, respective officers, employees and agents from all actions, claims, demands and proceedings (Claims) which MyBrix Members have, or Claims against any of them in connection with the MyBrix Member’s application and participation in the MyBrix Services (including any subsequent cessation of the service).

16. Indemnity
MyBrix Members are liable for, and indemnify us for any and all costs, losses and Claims:
a) suffered or incurred as a result of loss in value of any Brix due to your actions of inaction;
b) suffered or incurred due to your breach of contract, negligence, failure to pay or deliver services, fraud or other misconduct MyBrix Member;
c) suffered or incurred as a result of us restricting access to your MyBrix Member account or the MyBrix Services;
d) caused by unauthorised use of your MyBrix Member account, your Wallet, the MyBrix Services or registered email account because of your failure to keep passwords or your computers and mobile devices secure; or
e) caused by a breach by you of these Terms.

Nothing in this clause requires you to indemnify us to the extent that any costs, losses or Claims are directly caused by any breach of contract, negligence or other fault of MyBrix or any of its directors, officers, employees, agents, or contractors (including its service providers).

17. Limit of liability
To the maximum extent permitted by Law, our total liability for claims you may have under these Terms, including for any implied representations or warranties, is limited to the amount paid by you to us to use the MyBrix Services during the prior 12 month period (excluding any Brix issued in any Property). In no case whatsoever shall we be liable for any cost, loss, damage or expense that is not reasonably foreseeable or expressly stated or is consequential.

18. Variation
We may make changes to all or part of these Terms from time to time. Any changes published on the MyBrix Services will be taken to be effective when they are published. Your subsequent or continued use of the MyBrix Services will constitute your acceptance of these changes. If you do not agree to a variation, you may terminate being a MyBrix Member.

We regularly change and improve our MyBrix Services. We may automatically update the MyBrix Services whenever a new version or feature is available or if we remove certain functionality for any reason. You will not have any recourse if we change or remove any functionality, and you will not do anything to restrict or prevent such updates applying to any products and services that you have developed or use in connection with the MyBrix Services.

The MyBrix Services may use third party products and services that we licence or otherwise use legally but we provide no warranty or assurance whatsoever that the MyBrix Services will continue to those third party products and services in the future.

19. Support
As a MyBrix Member, you can expect to receive technical support concerning how to use and understand the MyBrix Services, by sending an email to support@mybrix.com.au.

20. Severability and exclusion of unfair terms
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.

If this agreement is subject to legislation on unfair contract terms, we may only exercise our rights under any term of this agreement in a way that is reasonably necessary to protect our legitimate interests, unless the term does not cause a significant imbalance in the rights and obligations of you and us under this agreement, or the term would not cause any detriment to you if we applied the term or relied on the term.

21. Right to sue
If you do not comply with these Terms but we fail to take action immediately, we are not giving up any right that we may have to take action in the future.

22. Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

23. No waiver
No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.