RealRenta Terms & Conditions
1.1 Definitions
In this Agreement, unless the context otherwise requires:
Advertisement means any advertisement provided by RealRenta on behalf of a User;
Advertising Materials means artwork, copy, animations or any active URLs for the applicable Advertisements;
Agreement means these terms and conditions, the Rentmaster privacy policy and any other terms and conditions incorporated by reference in these terms and conditions;
Confidential Information means any information:
- (a) relating to the business of RealRenta, Rentmaster or the User;
- (b) of RealRenta or the User which is designated by the respective owner as confidential; or
- (c) of RealRenta or the User which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential,
which is disclosed by RealRenta or the User to the other, directly or indirectly, or otherwise comes to the knowledge of that party in relation to or in connection with this Agreement, whether that information is in oral, visual or written form or is recorded or embodied in any other medium;
GST has the meaning Goods and Services Tax Act1999 (Cth);
Intellectual Property means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields;
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world and shall include, without limitation, copyright, trade marks, designs, patents, knowhow and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for the registration of such rights and includes all renewals and extensions;
Policies means RealRenta's and Rentmaster's policy including but not limited to content limitations, technical specifications, privacy policies, advertising or editorial policies, which can be accessed at www.realrenta.com;
Privacy Law means the Privacy Act 1988 (Cth) and any rules, guidelines, orders, directions, codes of conduct or other instruments made or issued under it;
Property Materials means all general information details photos and other pertinent information requested by RealRenta in displaying the property on the Website.
Publish or Published means the act of RealRenta placing the Advertisement on the Website, where it can be viewed publicly; and
RealRenta means Rentmaster Pty Ltd ACN: 132 964 446
Rentmaster means Rentmaster Pty Ltd ACN: 132 964 446 which operates the website known as RealRenta.com
User means the User for whom RealRenta provides a tool to manage rental properties;
Website mean the website operated by Rentmaster Pty Ltd at www.realrenta.com
Request for Service means registering as a user of the RealRenta website, subject to the terms and conditions.
1.2 Interpretation
Except to the extent that the context otherwise requires:
- (a) a reference to any legislation is a reference to that legislation as modified or re-enacted from time to time, and includes all regulations and statutory instruments issued under it;
- (b) a reference to dollars or $ is to Australian currency; and
- (c) if there is any inconsistency between the Terms and Conditions, the Privacy Policy, a Request for Service or any other document or attachment incorporated by reference, to the extent of any such inconsistency, the order of priority will be:
- (i) these Terms and Conditions;
- (ii) the Privacy Policy;
- (iii) a Request for Service;
- (iv) any attachment or document incorporated by reference.
2. Term
This Agreement will commence on the date of the Request for Service by the User.
3. Request for Service
- (a) The User must submit a Request for Service to RealRenta for access to the Website.
- (b) A Request for Service submitted by the User must confirm the following:
- (i) Personal/Company details of the User;
- (ii) Address of the Property which is to be the subject of the service;
- (iii) Agreement with these Terms and Conditions;
- (iv) Bank Account details if applicable; and
- (v) Tenant’s information;
- (vi) Tenancy Agreement information;
- (vii) Such other information as RealRenta may reasonable require in order to property provide the service to the User;
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(c) Request for Service is deemed to have been accepted immediately upon the Request for Service being made via the Website.
4. Payment
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(a) The User shall pay RealRenta at the rates stipulated by RealRenta upon submission of a Request for Service.
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(b) All rates payable are inclusive of GST. RealRenta will submit an invoice to the User on a monthly basis and the User consents to payment of the invoice.
5. Submission of Material to the Website
- (a) Upon completion of a Request for Service the User shall be entitled to submit all Property Materials on the Website, or a third party website, subject to the approval of RealRenta.
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(b) The User warrants that the Property Materials:
- (i) comply with the Terms and Conditions and Privacy Policy;
- (ii) are not false or misleading;
- (iii) does not include any offensive material either written or in picture form
- (iv) do not breach the Competition and Consumer Act 2010 (Cth) and/or any other applicable law;
- (v) do not breach any third party Intellectual Property Rights; and
- (vi) do not breach any other contractual or proprietary rights of third parties.
- (c) RealRenta may, in its reasonable opinion, reject or amend for publication or delete any Property Materials on the Website which do not comply with clause 5.
- (d) The User bears sole responsibility for all content, including Property Materials, contained in any posting or submission to the Website and RealRenta will not be held responsible for any data loss resulting from the use of any of our services, either directly or indirectly, intentional or as an unintentional consequence of our services, or the operation of the Website in general.
6. Warranties
(a) The User warrants to RealRenta that:
- (i) it has full power, capacity and authority to rent or market its property under these Terms and Conditions; and
- (ii) neither agreeing to these Terms and Conditions nor the performance of its obligations under same will cause it to be in breach of any other Agreement.
7. Intellectual property
- (a) Each party acknowledges that the other party’s Intellectual Property (including Intellectual Property which is licensed to either party) is extremely important and valuable and is the property of the owning party.
- (b) Each party acknowledges that it has no right, title or interest in or to the Intellectual Property of the other party.
- (c) Neither party shall use the Intellectual Property of the other party or a third party without prior written consent of the said party.
- (d) Any data collected in accordance with the Privacy Policy will be the Intellectual Property of the party collecting the data.
8. Indemnities
(a) The User agrees to indemnify and keep RealRenta indemnified from and against any damages, liabilities, claims, losses or expenses suffered or incurred, whether directly or indirectly, by RealRenta as a result of any breach by the User of this Agreement or otherwise in connection with the Publishing of the Property Materials or non-Publishing of the Property Materials, as the case may be.
9. Termination
- 9.1 The User may terminate this Agreement at any time but acknowledges and agrees that payments made for the month will not be refunded.
- 9.2 RealRenta may terminate this Agreement at any time should the User breach any term of this agreement.
10. Notices
- (a) All notices to be given under this Agreement are to be in writing addressed as follows:
To the User:
Via the email address provided by the User in their Request for Service.
To RealRenta:
info@realrenta.com
- (b) All notices served under this Agreement will be considered to have been received immediately upon confirmation of the relevant email notice being sent.
11. Relationship
Nothing contained or implied in these Terms and Conditions constitutes a party the partner or legal representative of the other party for any purpose, or creates any partnership, employment or trust. Neither party has the authority to bind the other party in any way.
12. Assignment
Neither party may assign its rights or obligations without the prior written consent of the other party.
13. Severability
If any part of this Agreement is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and remain in full force.
14. Management Tool and Not Property Management
The User acknowledges and agrees that RealRenta is providing a product (tool) for self-management of the User's rental properties and is in not in any manner whatsoever managing the User's property and is not and will not be engaged as the property agent or a resident letting agent for the User as defined in the:
- Property Occupations Act 2014 (QLD)
- Property, Stock and Business Agents Act 2002 (NSW)
- Agents Act 2003 (ACT)
- Agents Licensing Act (NT)
- Real Estate and Business Agents Act 1978 (WA)
- Land Agents Act 1994 (SA)
- Property Agents & Land Transactions Act 2005 (TAS)
- Residential Tenancies Act 1997 (VIC)
15. Electronic Consent
The User agrees and acknowledges that if any material is sent by email and duly signed by the party and returned by email that a signed emailed copy of the material shall be binding on the parties.
The user here to agrees that in the event that any documentation (including rental notices) that is sent by email to a user of this site, or the user themselves, that has an electronic signature. Then said document shall be binding on the other party to the same extent as if the original of said document was signed by the parties.
16. Governing law
These terms will be governed by the laws of the state or territory in which the User’s property is located and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in that state or territory.