Last updated: 10 June 2026
These Terms of Use govern your access to and use of the InsolX platform. InsolX — the Insolvency & Restructuring Exchange (“InsolX”, “we”, “us” or “our”) — operates an Australian online marketplace on which registered liquidators, administrators, receivers and other insolvency practitioners list distressed and insolvent assets, and through which prospective buyers and investors can discover those assets and make enquiries. Please read these Terms of Use carefully before using the Platform. They contain important provisions about our role as a venue only, the responsibilities of practitioners and buyers, and limitations on our liability.
By accessing or using the Platform — whether or not you create an account — you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy, which is incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use, you must not access or use the Platform.
If you access or use the Platform on behalf of a firm, company, insolvent estate or other entity, you warrant that you are authorised to bind that entity to these Terms of Use, and references to “you” and “your” include that entity.
We may amend these Terms of Use from time to time. Amended terms will be published on the Platform with a revised “Last updated” date, and we will notify registered users of material changes by email or by a notice on the Platform. Where an amendment materially and adversely affects registered users, it will not take effect for registered users until at least 14 days after we give that notice, except where an earlier date is required by law or is necessary to address a security or legal risk. Your continued access to or use of the Platform after an amendment takes effect constitutes your acceptance of the amended Terms of Use. If you do not accept an amendment, you must stop using the Platform and may close your account.
In these Terms of Use:
References to “you” and “your” are to any person who accesses or uses the Platform, whether as a Practitioner, a Buyer or otherwise, and whether or not registered.
The Platform is provided for business and professional purposes. To use the Platform you must be at least 18 years of age and have the legal capacity to enter into a binding contract. Buyers must create a free account and provide accurate professional details — including their name, contact details and firm or organisation — before submitting Enquiries. Practitioners who create Listings warrant that they hold a current appointment under the Corporations Act 2001 (Cth) (or are duly authorised to act on behalf of a person who does) in respect of each asset they list.
When you register for an account, you must provide information that is accurate, complete and current, and you must keep that information up to date. You must not register using a false identity, impersonate any person, or misrepresent your professional credentials, firm or appointment status.
You are responsible for maintaining the confidentiality and security of your account credentials, and for all activity that occurs under your account. You must not share your credentials with, or permit your account to be used by, any other person. You must notify us promptly at the contact address in these Terms of Use if you become aware of any unauthorised access to or use of your account.
InsolX is a venue only. The Platform enables Practitioners to publish Listings and enables Buyers to discover those Listings and submit Enquiries. Our role begins and ends with providing that venue. In particular, InsolX:
Any contract for the sale of an asset is formed directly between the Buyer and the Practitioner (or the company, estate or other party on whose behalf the Practitioner acts), on terms agreed and documented between them. InsolX has no responsibility for the formation, performance or enforcement of any such contract.
All content on the Platform — including Listings, search results, deal alerts and any editorial or descriptive material — is provided for general information purposes only. It does not take into account your objectives, financial situation or needs, and it is not a substitute for professional advice tailored to your circumstances.
Nothing on the Platform constitutes, or may be construed or relied upon as, financial product advice, investment advice, legal advice, tax advice, accounting advice or credit advice, or as a recommendation, endorsement or solicitation to acquire, dispose of or deal in any asset, business or interest.
InsolX does not hold an Australian Financial Services Licence (AFSL) or an Australian Credit Licence. Nothing on the Platform is intended to constitute the provision of financial services or credit activities requiring such a licence.
You should obtain independent professional advice — including, where relevant, legal, financial, tax, accounting and valuation advice — before making any decision or taking any action in connection with a Listing or a transaction.
Listings are created and provided by Practitioners. The Practitioner who publishes a Listing is solely responsible for the accuracy, completeness, currency and lawfulness of that Listing and of any supporting materials (including information memoranda, financial statements and asset descriptions), and for their authority to offer the relevant assets for sale.
InsolX does not verify, endorse, approve or warrant any Listing, any supporting material or any statement made by a Practitioner. The appearance of a Listing on the Platform is not a representation by InsolX as to the existence, condition, value, title or saleability of any asset.
Listings are invitations to treat only. No Listing constitutes an offer capable of acceptance, and no contract arises from browsing a Listing, saving a Listing, receiving a deal alert or submitting an Enquiry. A binding contract arises only if and when a Buyer and a Practitioner separately agree and document the terms of a sale, outside the Platform.
Where a Listing is featured, highlighted or given prominent placement on the Platform, that placement reflects presentation only. It is not an endorsement, recommendation or assessment of the Listing, the asset or the Practitioner. Listings may be amended or withdrawn by the Practitioner at any time without notice, and assets may be sold, encumbered or otherwise disposed of before a Listing is updated or removed.
Apart from the submission of Enquiries through the Platform, all negotiations, exchanges of information, due diligence, contract preparation, payments and settlements occur directly between the Buyer and the Practitioner, outside the Platform. The terms of any sale — including price, deposit, conditions, timing and form of contract — are determined by the Practitioner and the Buyer alone.
Assets sold in insolvency contexts are typically sold “as is, where is”, without representations or warranties from the appointee as to title, condition, fitness for purpose, compliance or otherwise, and frequently with limited or no recourse against the appointee or the insolvent estate. You must satisfy yourself as to the terms on which any asset is offered before committing to a purchase.
Buyers must conduct their own independent due diligence before relying on any Listing or entering into any transaction, including:
InsolX accepts no responsibility for the outcome of any transaction, for the failure of any transaction to complete, or for any loss arising from a transaction or proposed transaction between users of the Platform.
When you submit an Enquiry in respect of a Listing, you consent to your name, contact details, professional details and the content of your Enquiry being provided to the Practitioner responsible for that Listing (and to their firm and authorised staff) so that they may assess and respond to your Enquiry and progress any resulting discussions.
Practitioners retain sole control over whether and how they respond to Enquiries, and over which Buyers receive access to confidential materials such as information memoranda and financial records. InsolX does not guarantee that any Enquiry will receive a response, that you will be granted access to any materials, or that any asset will remain available.
Submitting an Enquiry creates no obligation on you, on the Practitioner or on InsolX. An Enquiry is not an offer, an acceptance or a commitment of any kind.
Use of the Platform is currently free of charge. Practitioners may create Listings at no cost, Buyers may register and submit Enquiries at no cost, and InsolX charges no success fees, commissions or other transaction-based charges.
We reserve the right to introduce fees for some or all features of the Platform, or to change any fees, in the future. If we do, we will give at least 14 days’ prior notice through the Platform or by email to registered users, and any fees will apply prospectively only. Your continued use of a fee-bearing feature after a fee takes effect constitutes your acceptance of that fee.
You may use the Platform only for lawful purposes, in accordance with these Terms of Use and all applicable laws and regulations. Without limiting that obligation, you must not:
We may investigate suspected breaches of this section and take any action we consider appropriate, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement or regulatory authorities.
You retain ownership of all content you submit to the Platform, including Listings, supporting materials, Enquiry messages and profile information (together, your “User Content”).
By submitting User Content, you grant InsolX a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, communicate, display and distribute that content as reasonably necessary to operate, maintain, improve and promote the Platform — including displaying Listings to users of the Platform and including Listing details in opt-in deal alert emails. This licence continues for as long as the relevant content remains on the Platform, and thereafter only to the extent reasonably necessary for backups, dispute resolution and compliance with legal obligations.
You warrant that, in respect of all User Content you submit: you own it or hold all rights, consents and authorisations necessary to submit it and to grant the licence above; it is accurate and not misleading or deceptive; it does not infringe the intellectual property, confidentiality, privacy or other rights of any person; and it complies with all applicable laws.
We are not obliged to monitor User Content, but we may remove, edit the presentation of, or refuse to publish any User Content that we reasonably believe breaches these Terms of Use or any law, or that may expose InsolX or any user to harm or liability.
The Platform and all content forming part of it (other than User Content) — including text, graphics, logos, branding, page designs, software, code and databases — are owned by or licensed to InsolX and are protected by Australian and international intellectual property laws. The “InsolX” name, the “Insolvency & Restructuring Exchange” name and associated branding are the trade marks of InsolX or its licensors and may not be used without our prior written consent.
We grant you a limited, revocable, non-exclusive and non-transferable licence to access and use the Platform for its intended purposes in accordance with these Terms of Use. Except as permitted by law or expressly authorised by us in writing, you must not copy, modify, adapt, translate, reverse engineer, decompile, frame, mirror or create derivative works from any part of the Platform, or commercially exploit any part of it.
The Platform may contain links to websites, documents or resources operated by third parties, including websites of Practitioners and their firms. Those links are provided for your convenience only. They do not constitute an endorsement, approval or recommendation by InsolX of any third-party website, its operator or its content, and we have no control over and accept no responsibility for the accuracy, availability, security or content of any third-party website. You access third-party websites entirely at your own risk and should review the terms of use and privacy policy of any third-party site you visit.
We do not guarantee that the Platform will be available on an uninterrupted, timely, secure or error-free basis. Access may be suspended or limited from time to time for maintenance, upgrades or circumstances beyond our reasonable control. We may modify, suspend or withdraw any feature of the Platform — or the Platform as a whole — at any time. Where a change materially reduces functionality available to registered users, we will give reasonable notice where practicable. This paragraph is subject to section 15 (Disclaimers and Limitation of Liability) and does not exclude any right or remedy that cannot lawfully be excluded.
We may suspend or terminate your account or your access to the Platform, in whole or in part, where we reasonably consider that: you have breached these Terms of Use; you have engaged in unlawful, fraudulent or misleading conduct, including misrepresenting your identity, credentials or appointment status; your conduct poses a risk to the security or integrity of the Platform or to other users; or suspension or termination is required by law. Where practicable we will give you notice, but we may act immediately and without notice where the circumstances are serious.
You may close your account at any time by contacting us at the address in these Terms of Use. Closing your account does not affect rights or obligations that accrued before closure.
Provisions of these Terms of Use that by their nature should survive termination — including those relating to our role as a venue, listings and due diligence, intellectual property, user content warranties, disclaimers, limitation of liability, indemnity and governing law — survive any suspension, termination or account closure.
The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, all warranties, representations, conditions and terms that would otherwise be implied into these Terms of Use — whether by statute, common law or otherwise — are excluded.
To the maximum extent permitted by law, InsolX excludes all liability to you or any other person for any loss, damage, cost or expense — whether direct, indirect, special, incidental or consequential, and including loss of profit, revenue, opportunity, goodwill or data — arising out of or in connection with:
Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent that our liability under such a non-excludable guarantee can lawfully be limited, our liability is limited, at our option, to the resupply of the relevant services or the payment of the cost of having the services supplied again.
The exclusions and limitations in this section do not apply to any loss or damage caused by InsolX’s own fraud or wilful misconduct.
You indemnify InsolX and its officers, employees, contractors and agents against all claims, demands, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: your breach of these Terms of Use; your unlawful use of the Platform; your infringement of the intellectual property, confidentiality, privacy or other rights of any person; or any third-party claim arising from User Content you submit in breach of your warranties under these Terms of Use. Your liability under this indemnity is reduced proportionately to the extent that the relevant claim, loss or damage was caused by InsolX’s own breach of these Terms of Use, negligence or wrongful act.
We collect, use, hold and disclose personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy, which is published on the Platform and incorporated into these Terms of Use by reference. By using the Platform or submitting information to us, you acknowledge that your personal information will be handled in accordance with our Privacy Policy.
Deal alert emails are sent only to users who opt in, and you may change your alert preferences or unsubscribe at any time through your account settings or by using the unsubscribe facility included in each alert email, consistent with the Spam Act 2003 (Cth).
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed, and the remaining provisions will continue in full force and effect.
A failure or delay by InsolX in exercising any right under these Terms of Use does not operate as a waiver of that right, and no waiver is effective unless given by us expressly in writing. These Terms of Use, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and InsolX in respect of your use of the Platform. You may not assign or transfer your rights under these Terms of Use without our prior written consent; we may assign our rights and obligations in connection with a restructure, sale or transfer of our business on notice to you.
These Terms of Use are governed by the laws of New South Wales, Australia. You and InsolX submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.
If you have any questions about these Terms of Use or the Platform, please contact us at info@insolx.com.au.