This online platform (Platform) is operated by Rentality Proprietary Limited ACN 623 580 192 or successors and assignees It is available at: www.rentality.com.au.
In these terms and conditions, the term ‘Platform’ refers to our marketplace regardless of how you access it. The Platform connects property owners wishing to rent out their properties (Owners) with tenants who wish to rent homes on a temporary basis (Tenants) by facilitating introductions between Owners and Tenants.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth, or any other location service is subject to the Google Maps/Google Earth Additional Terms of Service or any equivalent set of legal terms for any other location service you use.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
(a) The Platform provides an introductory service for Owners and Tenants.
(b) An Owner wishing to lease their property (1) creates an account on the Platform and (2) posts an accurate and complete description of the property to be leased (including the price to be paid by the Tenant) (Property Listing).
(c) A Tenant wishing to lease a property (1) creates an account on the Platform, (2) reviews the Property Listings uploaded by Owners, (3) views the total rent which will be payable for the booking (Total Rent) and the amount required to make a booking request (the sum of one month’s rent (the Reservation Fee) and our tenant service fees) and (4) makes a request for a booking (Booking Request) which is sent to the Owner through the Platform.
(d) If an Owner desires to lease their property to a Tenant, the Owner may accept the Booking Request (which becomes a Booking). By accepting a Booking Request, the Owner confirms that they are legally entitled to and capable of leasing the property described in the Property Listing.
(e) The Reservation Fee (and our tenant service fee) will be paid by the Tenant at the time the Booking Request is accepted by the Owner and the remaining rent detailed in the Booking Request will be paid directly between the Owner and the Tenant.
(f) Once an Owner has accepted a Booking Request, the Owner and Tenant can communicate privately using our private messaging service. Each time a user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel. You may only use the private messaging service to discuss topics relevant to the Booking.
(g) You acknowledge and agree that you are not permitted to send messages which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
(h) If a Tenant wants to raise a dispute regarding a Booking, the Tenant must contact us within 24 hours of the scheduled start time of the Booking.
(i) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not a real estate agency and Owners and Tenants are not our employees, contractors, partners or agents.
(j) We are not a party to any agreement entered into between an Owner and a Tenant. Notwithstanding this, we may offer a free template lease for Owners and Tenants to use. This template lease will be the standard form lease provided by the relevant regulatory body in the relevant state or territory. We have no control over the conduct of Owners, Tenants or any other users of the Platform.
(k) We accept no liability for any aspect of the Tenant/Owner interaction, including but not limited to the description of a property, the state of a property, the execution of a legal agreement between the Tenant and the Owner and the conduct of the Tenants. We do not assist or involve ourselves in any way in any dispute between a Tenant and an Owner.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
(b) You may only have 1 Account on the Platform.
(c) You must provide basic information when registering for an Account including name, mobile phone number, email address, and location and you may choose a password. Your username will be the email address you provide to us.
(d) Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal to you and you must not transfer it to others, except with our written permission.
(e) The Profile for each Tenant must contain the Tenant’s gender, date of birth, profile picture, facility preferences, suburb preferences, budget, move in time, preferred property type, hobbies/personality (via hashtags) and any other relevant information as requested by us.
(f) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. We may require you to verify your email address and mobile phone number by sending you a verification email and/or SMS.
(g) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including any communications with a Tenant or Owner, as applicable, any Bookings and any Booking Requests.
(h) You will immediately notify us of any unauthorised use of your Account.
(i) At our sole discretion, we may refuse to allow any person to register or create an Account.
Ratings and Reviews
(a) Tenants and Owners may rate and review each other based on their experience dealing with each other on the Platform (Rating) and/or may provide feedback regarding the Owner’s property rented by the Tenant or the Tenant’s treatment of the property (Review).
(b) Ratings and Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
(c) You must provide true, fair and accurate information in your Review.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant user from posting the Review. We do not undertake to review each Review made by a user.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews for Owners or Tenants to which you have personal or professional relations.
Fees and Payments
Limited Payment Collection Agent
(a) Each Owner appoints us as the Owner’s limited payment collection agent solely for the purpose of accepting the Reservation Fee from the Tenant.
(b) Owners agree that payment of the Reservation Fee by a Tenant to us (as the Owner’s limited payment collection agent) is to be considered the same as payment made directly by the Tenant to the Owner and the Owner will provide the rental property to the Tenant as agreed, as if the Owner had received payment directly from the Tenant.
(c) Each Owner agrees that we may refund Tenants in accordance with these Terms. Each Owner agrees that our obligation to pay the Owner is subject to and conditional upon successful receipt of the relevant payments from Tenants.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, robots, spiders, crawlers, scrapers, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) taking any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
(f) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
(g) avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise attempting to circumvent any technological measure we implement or any of our suppliers implement to protect the Platform;
(h) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and residential tenancy regulations;
(i) using our Platform to find a Tenant or Owner and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
(j) as an Owner, offering any property for rent that you do not intend to honour, cannot provide or are not legally entitled to provide;
(k) use the Platform or the Content in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;
(m) use any automated technology to access and collect data from the Platform for any purpose;
(n) attempt to circumvent any technological measure implemented by us to protect our Platform;
(o) as a Tenant, making any offers to Owners that you do not intend to offer or have no intention of carrying out;
(p) using our Platform to send unsolicited email messages; or
(q) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without our prior written consent or that of the owner of the Content (as applicable):
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties, disclaimers and indemnity
If applicable, Owners and Tenants bear the sole responsibility of complying with any relevant laws, including without limitation residential tenancy acts and similar legislation in the relevant jurisdiction.
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Owners, Tenants, properties or Profiles including (without limitation) that:
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Refund and Cancellation Policy
Disputes: We encourage Owners and Tenants to attempt to resolve disputes (including claims for refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute will proceed to arbitration. Where a Dispute has proceeded to arbitration, the Dispute shall be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. The seat of arbitration shall be Canberra, Australia. The language of the arbitration shall be English.
We do not provide insurance protection of any kind for Owners. We recommend that Owners obtain appropriate insurance for their property. If you are an Owner and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of the Australian Capital Territory. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the Australian Capital Territory and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Rentality Proprietary Limited ACN 623 580 192
Last update: 7 February 2018
© ILP Pty Ltd