All references to “the Company” refer to RentBook Pty Ltd, ACN 128 495 161.
All references to “you”, “the user”, “user”, “service user”, “your”, “resident”, “tenant”, “landlord”, “rental property owners”, “rental property managers”, are interchangeable and where the Service is used by an entity other than a natural person such as a company, such entity will be referred to by these terms also.
PLEASE NOTE: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. YOU SHOULD READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO USE THE SERVICES OFFERED BY THE COMPANY.
BY CLICKING ON THE “I AGREE” BUTTON YOU, THE USER, AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.
FURTHER, YOU, THE USER AGREE TO THE JURISDICTION OF THE ELECTRONIC TRANSACTIONS ACT 2000 (NSW) and the ELECTRONIC TRANSACTIONS ACT 1999 (Cth).
IF YOU ARE UNDER 18 YEARS OF AGE YOU MUST OBTAIN THE WRITTEN CONSENT OF YOUR PARENT OR GUARDIAN TO USE THIS SERVICE. SUCH WRITTEN CONSENT SHOULD BE FORWARDED TO email@example.com
1.1. The Company provides access to an online credit card service for the use of corporate affiliates, rental property owners, rental property managers and their respective tenants.
1.2. The Service facilitates various electronic payments for periodic rent payments, rental bonds, security deposits, key deposits, body corporate fees, timeshare charges, fixed and variable utility payments, property maintenance and all other fees and charges related to the leasing of property.
1.3. All Residents of a participating landlord, are eligible to use the Service to pay rent and related fees and charges covered under our Service agreement. Your credit card payments made through the Service will be remitted to the Company to pay your Landlord in accordance with our Service agreement.
1.4. Upon receipt of your credit card payment you will receive a timely written confirmation from the Company by email acknowledging such receipt of your credit card payment.
1.5. You must obtain access to the Internet in order to use the Service.
1.6. The Company shall retain the right to change the terms of this Agreement from time to time and will notify all Residents by email only. Any such changes will become immediately effective upon uploading to http://www.rentbook.com.au .
1.7. The Company hereby retains the right to add to, vary, cancel or amend in any way the conditions of use or the terms of this Agreement immediately, without prior written notice, only if such changes are necessary in order to prevent harm to Company's network, security or other persons or property, or to protect users' data.
2.1. Upon application to become a user of the Service, you will receive a password by email to activate your account.
2.2. You are ENTIRELY RESPONSIBLE if you do not protect your password and/or user name and your account is compromised. You are also ENTIRELY RESPONSIBLE for all activity which occurs on your account. IMPORTANTLY, the Service provides for you to change your password at any time if you feel that your account details may have been compromised.
2.3. In the event that you forget your password, you may make an automated request to the Company to retrieve it whereby you will be asked to answer security questions to confirm your identity. In the event you fail to answer these security questions correctly, the Company will deny you access to the Service and you will be required to send an email request to restore your account.
3.1. The user will be liable to pay all fees and charges incurred through your account in connection with the processing of your rent, if this service is requested, and or any other charges as specified in clause 1.2.
3.2. Such fees and charges will be assessed at the rates effective for the billing period in which such fees and charges are incurred.
3.3 The Company will act in accordance with the instructions of individual landlords regarding the payment of rent and other associated charges. Late fees may be assessed for rent payments made by credit card or paper check, which occur after the late dates and or grace periods as established by your landlord. The Company will follow the payment instructions authorised by landlord and by residents initiating payments.
4.1. It is the user’s responsibility to ensure that all contact details are up to date and that you use correct spelling.
4.2. The Company does not warrant by acceptance of your information that such information is correct, this responsibility rests with the user.
4.3. In the event that the user believes that a service payment was made either mistakenly or improperly, the Company may, at its discretion, void, rescind or issue a credit for your rent or service payment made through the Service at any time before the funds have been remitted to your landlord.
4.4. Where a payment dispute arises after the payment has been remitted to your landlord, the responsibility to settle the rent or Service payment dispute rests with the tenant and the landlord.
5.1. All personal information held by the Company either in data bases or otherwise is held in a strictly confidential manner and is subject to the Commonwealth Privacy Act 1988.
5.2. All such personal information will be available to the user in accordance with the Commonwealth Freedom of Information Act 1982.
5.3. The Company reserves the right to charge a service fee for the provision of all such personal information.
6.1. The user bears the sole responsibility for all content contained in any postings or messages including all text, files, images, photos, video, audio, or other materials posted on, transmitted through, or linked from the Service in any format (“Content”).
6.2. Any Content that violates any law of a relevant State, Territory or the Commonwealth of Australia such as the Copyright Act 1968 (Cth); the Trades Practices Act 1974 (Cth); or the Trade Marks Act 1995 (Cth) will be the sole responsibility of the user. The Company will in no way be liable for any Content which breaches or may breach any law of a State, Territory or the Commonwealth of Australia.
6.3. The user understands that the Company neither controls nor is responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
6.4. The Company neither pre-screens nor approves content.
6.5. The Company retains the right but not the obligation to, at its discretion, delete or quarantine any content that is made available through the Service that is in violation of the essence of this agreement or for any other reasonable reason.
6.6. Under no circumstances will the Company be liable in any way for any loss or damage of any kind incurred by the user or anyone else as a result of the use of any Content made available through the Service.
6.7. You will, at all times, be the owner of any data personally entered, however, you acknowledge that the Company will collect and use certain information related to website usage; and, that such information may be collected without notice or payment or benefit to the user.
6.8. Such information may include the volume and value of rent payment transactions.
6.9. The user agrees that the company is authorised to reproduce and make such information available as the company requires, provided that landlords and tenants will not be identified personally.
6.10. You, the user bear the responsibility of checking and maintaining the accuracy of all of the data you enter.
6.11. The Company maintains that is does not check nor is it responsible for any Content sent via its Service. The Company does not vouch for the completeness, accuracy, or usefulness of any message, and maintains that it is not responsible for the contents of any content. Such content posted, solely expresses the views of the author and not necessarily the views of the Company.
6.12. The Company maintains that it has absolutely no obligation to provide you access to your data upon the expiration or termination or your agreement with the Company unless requested to do so in accordance with the Commonwealth Freedom of Information Act 1982. In the event that you make such a request, you may send the Company an email requesting a print out of your rental history, there will be a service fee associated with this service.
7.1. As between you and the Company, the Company is the sole owner of the Service, its databases and all trade marks, Copyrights and other proprietary rights of any kind whatsoever related to the Service (collectively, the "Company Intellectual Property").
7.2. By merely accessing/using the Service you obtain no ownership rights in the Company Intellectual Property. Rather, you have a limited licence to use the Service as set forth in this Agreement as long as you are in compliance with the terms as set out herein.
7.3. All rights regarding use of any Company Intellectual Property not granted to you in this Agreement are expressly reserved by the Company.
8.1. The Service provides links to other websites and resources. The Company has no control over these websites or resources.
8.2. The Company expressly states that it is not responsible for the availability of or Content contained on any external websites or resources.
8.3. The Company does not endorse nor is it responsible or liable for any content, advertising, products, or other materials on or available from or through such websites or resources.
8.4. The Company does not make any representation or warranty as to the accuracy, reliability, completeness, authenticity or safety of the information contained in or on any linked website.
8.5. The Company will not be liable for any loss or damage caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource. 8.6. The user acknowledges that external websites may have their own privacy policies, and terms and conditions, which will set out your rights and obligations regarding those websites, accordingly your activities on any other website are undertaken at your own risk.
9.1. The Company may from time to time run promotions and advertisements on its website and or third party websites.
9.2. Any business dealings or correspondence with, including participation in promotions of, advertisers either found directly on or linked to through the Service, including the subsequent delivery and payment of related goods or services, including any other representations, terms, conditions or warranties regarding any such dealings, are solely between you and the relevant advertiser.
9.3. You, the user hereby agrees that the Company is not responsible or liable for any damage or loss of any sort sustained as the result of any such dealings or as the result of the existence of such advertisers made available through the Service or as a result of a link to the Service.
10.1 The user understands that all advertisements posted for housing and all communications between landlords and tenants must comply with the relevant state legislation, for example the if a tenant is housed in New South Wales the Residential Tenancies Act 1987 (NSW) will govern such communications and advertisements.
For more information on the legislation in your state or territory please contact your relevant state Office of Fair Trading, use the following link http://www.accc.gov.au/content/index.phtml/itemId/325459.
11.1. The user, hereby agrees not to use the Service to:
(i) upload, post or otherwise transmit any Content that is in any way tortious or unlawful including Content that may be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) cause harm to minors in any way; (iii) impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation and or association with any other person or entity including a corporation; (iv) post, upload or otherwise transmit any Content that you do not have a right to transmit under any law of the state, the Commonwealth or international law; or under fiduciary or contractual relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or a nondisclosure agreement); (v) post, upload or otherwise transmit any Content that infringes any intellectual property including a patent, trademark, trade secret, Copyright or other proprietary rights of any party; (vi) post, upload or otherwise transmit any material that contains software viruses or any other computer code (either malicious or non-malicious), files or programs designed to interrupt, limit or destroy the functionality of any computer hardware or software including telecommunications equipment; (vii) disrupt or interfere with the Service, including its servers and or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (viii) intentionally or unintentionally violate any applicable state, Commonwealth or international law; (ix) intimidate, stalk or otherwise harass any other person; (x) store or collect personal data about other users, the Company or the Service; (xi) promote or incite others to promote or provide instructional information about illegal activities to any other person or persons; (xii) promote or incite others to promote any physical harm or injury against any group or individual; (xiii) promote or incite others to promote any act of cruelty to animals to any other person or persons.
12.1. You, the user, understands and agrees that sending unsolicited email advertisements of your RentBook real estate listing using either personal email accounts or using RentBook’s web based communications system is strictly prohibited under these terms and by Commonwealth law as provided for in the Spam Act 2003 (Cth). Such unauthorised violations of these terms may subject the sender/transmitter and his or her agents to civil and criminal penalties and may result in the user having their account with the Company cancelled.
13.1. The Company reserves the right, with or without notice, from time to time or at any time to discontinue or modify the Service or any part thereof.
13.2. The user, hereby agrees that the Company shall not be liable either to you or to any third party for any such modification, suspension or discontinuance of the Service.
14.1 The user, agrees to indemnify, defend and hold the Company, its officers, subsidiaries, affiliates, agents, employees or other partners, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your Content, your connection to the Service, your violation of this Agreement, or your violation of any legal rights of any other person.
15.1. The user agrees and hereby expressly acknowledges that your use of the Service and or any of the services made available to you by your use of the Service is provided "as available" and "as is" without any warranties or conditions whatsoever, express or implied other than those provided for in this agreement.
15.2. The Company does not warrant or represent that the Service, its documentation or network is free of errors; and, that any such errors whatsoever that may be identified will be corrected; however as a matter of policy the Company will make efforts at its convenience to rectify any such errors once identified within a reasonable time.
15.3. The Company does not guarantee, warrant or make any representation whatsoever regarding the uptime, connectivity, speed or general availability of the Company's website or network, or that the Service will in any way meet your requirements or expectations.
15.4. Specifically, the Company does not guarantee, warrant or make any representation with respect to the compatibility, quality or continuity of any third party internet service provider's, telecommunication networks, information systems, networks or intranets; including, the operability, reliability or functionality of the Company's or any associated third party's systems.
SSL - Secure Sockets Layer, is the leading security protocol on the Internet. It is widely used and does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. You will note a lock icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection.
15.6. The user understands that if, for any reason, there is a failure or breach of the security of the Service or the Company’s network, or as a result of errors in the Service or Company’s network you release the Company from any liability for loss or damage caused by or resulting from any failure or breach of security or from errors in the Service or Company's network.
15.7. The Company gives no warranty either expressly or impliedly, whether by statute, under common law, trade usage, course of dealing, custom or otherwise; including, without limitation, any warranty of merchantability, quality or fitness for purpose. All conditions, warranties and representations are intended to be excluded to the fullest extent permitted by law.
16.1. Under no circumstances including, but not limited to, negligence, will the Company, its directors, executives, agents, employees or affiliates be liable to you or any third party for any loss whether actual, nominal, notional or any other form of loss, including a loss of chance which may result in damages, of any kind, including but not limited to indirect, incidental, special, consequential, punitive or exemplary damages, which arises out of the use and or inability to use the Service or resulting from any breach of security, Service failure, interruptions, mistakes, omissions, deletions or loss of data or files, defects, errors, delays in performance or operation of the Service, regardless of the cause, including but not limited to, acts of god, theft, destruction, communication failure or unauthorised access to the Company's network, Services or programs, or for any claim by any other party, such limitation will remain effective even in the event that the Company has been made aware of the possibility of such damages.
16.2. To the extent that the Company’s liability under this agreement cannot be limited or excluded by statute or under common law, said liability shall be limited to the replacement of any deficient software or the correction of any deficiency therein at the sole discretion of the Company.
17.1. The user is solely responsible for the use and or accuracy of your data.
17.2 The Company shall not, under any circumstances whatsoever, have or bear any liability of any kind or nature whatsoever for the use and or accuracy of your data; including the use of your data by any person or entity you may have granted access to either intentionally or inadvertently; or for the use of your data by any person or entity who may have gained access to your data through an error in the Service, a failure or breach of security of the Service or Company's network.
17.3. Under no circumstance whatsoever shall the Company have or bear any liability or responsibility for the failure of any other entity or institution to maintain the accuracy or integrity of their respective data files including, but not limited to, those data files which contain any template, form or other content which any other entity or institution may provide access to you through the Service.
17.4. In the event that the user suspects that there is an error or defect in the Service, the user must immediately inform the Company.
17.5. The Company shall have no liability for any third party links added to the Service. Your use of third party links is at your sole risk and discretion.
17.6. The results of any data analysis or statistical information generated by the Company from use of the Service or otherwise does not constitute investment advice nor does the Company represent or warrant the accuracy of such results, data or statistics. However, in the event that such results, data or statistics will be made available through the Service, the Company will endeavour to provide accurate information. The Company does not make recommendations regarding real estate sales, purchases or investments.
17.7. The company shall have no liability for any defaults by tenants on rent payments or any other fees and charges including but not limited to and fees, charges, levies or any other payment involving the resolution of disputes between tenants or disputes between tenants and landlords.
18.1. The Company shall have no obligation to provide any support to the Service, to create any upgrade or correct any defects.
18.2. The Company, at its option, at any time, may cancel and/or modify the Service, or establish or amend rules relating to its use including these terms and conditions. However, in the event that the terms and conditions are altered, an email outlining such changes will be sent ONLY to current users. Further, the Company will make every effort to address requests for Service changes and general questions about the Service posed by users.
19.1. All of the Content included on this website is the intellectual property of the Company and its content suppliers, unless otherwise accredited, and is therefore protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty international Copyright laws. The compilation of all Content on this website including the website layout, design and concept is the exclusive property of the Company and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty international Copyright laws. All of the software used on this site is the property of Company and/or its software suppliers and is also protected under the Commonwealth of Australia Copyright Act 1968; and, under both customary and treaty international Copyright laws.
19.2. Procedure for providing notice regarding claims of Copyright infringement.
In the event that you believe that any of your work has been copied or reproduced in a way that comprises a Copyright infringement, as provided for pursuant to the Commonwealth of Australia Copyright Act 1968; and/or, under either customary or treaty international Copyright law, please do not hesitate to provide to the Company’s Copyright agent all of the following information:
(i). A description of the claimed Copyrighted work that has been infringed.
(ii) A sufficiently detailed description of the location upon the Company’s website where the material you claim is infringing is located.
(iii) A statement made by you stating that you have a belief based in good-faith that the disputed use is not authorised by the Copyright owner or its agent; that all of the information in your notice of Copyright infringement is accurate; that such statement is made under the penalty of perjury; and, that you are either the Copyright owner or authorised to act on the Copyright owner's behalf.
(iv) The statement must include a physical street address, telephone number and a valid email address.
(v) The statement must also have either an electronic or an actual physical signature of the person filing the notice.
Notices should be forwarded to:
5A/14 Middleton Street,
Byron Bay, NSW, 2481.
20.1. The Company’s trade marks and service marks including but not limited to its word marks, logos and composite marks are the exclusive intellectual property of the Company. Such “marks” are subject to the Commonwealth of Australia Trade Marks Act 1995 and, both customary and treaty-based international trade mark law.
20.2. The Company will enforce its trade mark rights over its marks. However, the Company may license use of its marks for valuable consideration at its discretion.
21.1. The provisions contained on this website enabling you the user to use the Service is an invitation to treat. This Agreement shall be in effect the moment the Company accepts your offer to enter into it. Such acceptance is deemed to have occurred by you clicking on the ‘I AGREE’ button. This Agreement shall continue in effect and full force for as long as you remain in compliance with ‘terms and conditions of use’ of the Service unless terminated for any reason under the terms of this Agreement.
21.2. This Agreement shall constitute the ‘entire agreement’ between the user and the Company.
21.3. No provision of this Agreement may be waived, modified or terminated unless provided in writing and signed by both parties to this Agreement or pursuant to the Company posting updated terms as described herein.
21.4 The user shall not assign any of their rights or obligations under this Agreement without obtaining the prior written consent of the Company.
21.5 The Company reserves the right to assign or transfer all or any portion of this Agreement to another party. However, the Company warrants that any assignee or transferee will agree to be bound by the terms and conditions as set out in this Agreement as a condition precedent to any such assignment or transfer.
21.6 This Agreement shall be governed and interpreted by the laws of the State of New South Wales, Australia.
21.7. Having regard to the foregoing, the user acknowledges that the Company may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its Copyrights, trade marks and other intellectual property and you hereby agree to submit personally to the jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
21.8. The Company shall not be responsible or in any way liable for any damages caused to you by reason of a Force Majeure (an unexpected or uncontrollable event), including but not limited to, war, terrorism, a state or Commonwealth government action, riot, labour or union dispute or strike, fire, flood, storm, natural catastrophe, accident, theft or a shortage of energy supplies, a disruption in internet connectivity or any other cause that is beyond the reasonable control of the Company.
21.9. If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that part may be severed from the Agreement. However, the remainder of this Agreement shall be interpreted so as to reasonably give effect to the intention of the parties.
21.10. Any failure by either party to this Agreement to exercise, nor delay in exercising, any right or remedy, provided for herein or otherwise, shall operate as a waiver thereof.
21.11 The individual clauses provided for under each heading in this Agreement shall survive the expiration or termination of this agreement as a whole for any reason whatsoever.
21.12. This Agreement and any other relevant agreements, notices or communications provided to you by the Company and its suppliers regarding use of the Service by you, may be provided to you electronically and you agree that such communications may be in electronic form in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW). Electronic communications may be delivered to any email address you provide for such purpose; additionally, such communications may be posted on the Company's website. The Company retains the right to print and retain hard copies of such communications, and accordingly, the Company strongly recommends that you print and retain hard copies of any such agreements including this Agreement.