INSTARENT – TERMS AND CONDITIONS

This online platform (Platform) is operated by SE.GROUP PTY. LTD. trading as Instarent ABN 82 607 205 283 or its successors and assignees (we, our or us). It is available at: www.instarent.com.au and may be available through other addresses or channels, including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects landlords who are offering property for rent (Landlords) with tenants seeking to rent properties (Tenants) by facilitating introductions between Landlords and Tenants and providing Landlords with a self-managed property app to manage already existing relationships with Tenants. Our Platform also connects Landlords and Tenants with tradesmen offering general property repair and maintenance (Tradesman) by facilitating introductions between Landlords and Tradesmen, including by providing a directory of Tradesmen on our Platform.

Information on our Platform and in any publication should not be regarded as a substitute for professional advice including legal advice, financial advice or real estate advice.

Acceptance

By downloading our App, accessing and/or using our Platform and by clicking the “I accept these Terms” click box, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform and on the App) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf. If you are under 18 you will not be permitted to list any properties or to apply to rent any properties on the Platform.

These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

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.

Platform Summary

The Platform provides an introductory service for Landlords, Tenants and Tradesmen

Landlords and Tenants

  1. A Landlord wanting to list a property for rent (1) creates an account on the Platform and (2) posts an accurate and complete description of the property to be rented (including the rent to be paid by the Tenant) (Rental Listing).
  2. A Tenant wanting to rent a property (1) creates an account on the Platform, (2) reviews the Rental Listings uploaded by Landlords and (3) makes a request to rent the property (Rental Request) which is sent to the Landlord through the Platform.
  3. If a Landlord desires to rent out a property to a Tenant, the Landlord reviews the Tenants Listing and documents and communicates privately with the Tenant using our private messaging service. The Landlord may accept the Rental Request (which becomes a Tenancy). By accepting a Rental Request, the Landlord confirms that s/he is legally entitled to and capable of supplying the rental property described in the Rental Listing.
  4. A Landlord may also choose to use the Platform to self-manage existing Tenants by transferring the management of existing rental properties to the Platform.
  5. Once a Landlord has accepted a Rental Request, the Landlord and Tenant can communicate privately using our private messaging service.

Tradesmen

  1. A Tradesman wanting to list their services (1) creates an account on the Platform and (2) posts an accurate and complete description of the general property repair and maintenance services provided (including the fees to be paid) (Tradesman Listing).
  2. A Tenant or Landlord needing a repair or maintenance completed (1) reviews the Tradesman Listings uploaded by Tradesmen and (2) makes a request to contract with that Tradesman for services (Tradesman Request) which is sent to the Tradesman through the Platform.
  3. Landlords and Tenants may browse Tradesmen Pages for information about a Tradesman and services provided.

All users

  1. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel.
  2. 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 agent, employment agency or labour hire business and Landlords, Tenants and Tradesmen are independent third parties not our employees, contractors, partners or agents.
  3. We are not a real estate agent or a party to any agreement entered into between a Landlord and a Tenant and/or between a Tradesman in any capacity. We have no control over the conduct of Landlords, Tenants, Tradesmen or any other users of the Platform. We provide a platform for users to self-manage their properties, rentals and repairs and maintenance and do not guarantee any suitability of properties listed on the Platform or suitability of Tenants or Tradesmen on the Platform.
  4. We accept no liability for any aspect of the Tenant, Landlord and Tradesman interaction, including but not limited to the description of Rental Listings, Tradesman Listings, Tradesman Pages, the condition of Rental Listings and the performance of services. We do not assist or involve ourselves in any way in any dispute between a Tenant, Landlord and/or Tradesman other than in relation to these Terms.

Registration

  1. 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.
  2. You may only have 1 Account as a Landlord, 1 Account as a Tenant and 1 Account as a Tradesman on the Platform. If you are Landlord or a Tradesman and you own more than one property or business as applicable, you may list additional properties or businesses using the same Account, but you will be charged additional fees for each additional property or business listed as applicable.
  3. You must provide basic information when registering for an Account including name, mobile number, email address. You will need to verify your email address. Your username will be your email address and you may choose your password.
  4. If you are a Landlord, we will ask you to confirm ownership of the property and confirm the accuracy of your Rental Listing before approving your request for an Account. We may request additional information if needed to verify your ownership of any Rental Listing. If you do not provide us with information we reasonably request, we may refuse to create an Account for you.
  5. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
  6. 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.
  7. 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 purchases made using your Account details, whether or not you authorised such activities or actions.
  8. You will immediately notify us of any unauthorised use of your Account.
  9. At our sole discretion, we may refuse to allow any person to register or create an Account.

Identity Verification and Background Checks

  1. We offer Landlords and Tenants the option of verifying Tenant identity and/or carrying out tenant blacklist screening using a third party identity verification service linked to the Platform (Third Party ID Service) from time to time currently the National Tenancy Database available at www.tenancydatabase.com.au.
  2. Where a Tenant has elected to verify their identity or conduct a tenant blacklist screening under this clause, a Tenant acknowledges and agrees that:
    1. we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity, background information and/or tenant blacklist screening (Identity Check);
    2. Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; and
    3. you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.
  3. Following a successful Identity Check, a Tenant agrees and acknowledges that:
    1. we may permit you to use verification signs or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Tag); and
    2. a Verification Tag may only be used by the individual for whom the relevant Identity Check has been successfully performed and the relevant Verification Tag has been issued, and then, only where that individual is directly providing the relevant goods or services.
  4. You acknowledge and agree that:
    1. the Identity Check and the issuance of a Verification Tag may not be fully accurate, as they are dependent on the information provided by a Tenant and/or information or checks performed by third parties;
    2. (2)you should not rely on the Identity Checks or the Verification Tags, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Tenants on the Platform.
  5. We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:
    1. the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform;
    2. the performance of any Identity Check; or
    3. the issuance of any Verification Tag; and
    4. to the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Tags.

Landlords

  1. This clause is only applicable to Landlords and “you” is a reference to the Landlord.
  2. You warrant that if you are a landlord, you agree in particular that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them.
  3. We may list your information with third party websites such as realestate.com.au or domain.com.au. You agree we may share your information, including any personal information, with these third party websites for the purposes of listing your rental property.
  4. When creating an Account you warrant that:
    1. You are at least 18 years of age;
    2. you own the property listed;
    3. you are authorised to rent out any property you list on the Platform;
    4. you will comply with all applicable housing, tenancy and anti-discrimination laws relevant to your jurisdiction; and
    5. all information in your Rental Listing is accurate.
  5. We reserve the right to verify that Landlords own and are authorised to rent any properties listed on the Platform.

Fees and Payments

  1. It is free to register an Account on the Platform.
  2. To use some functionalities on the Platform you will need to pay membership fees as set out on the Platform.
  3. Any payments will be made through our third party payment processor, currently Stripe and PayPal, or by any other payment method set out on the Platform.
  4. Your membership may begin with a free trial. The following terms apply to any free trials we offer to you:
    1. The free trial period of your membership lasts for 30 days, or for a period otherwise specified during the account registration process. Any free trial period we offer is intended to allow you to experience our Platform.
    2. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.
  5. We will notify you at the end of any free trial period to upgrade your account to a full membership if you would like to continue using the majority of functions on the Platform. You may choose to continue using the Platform on a free basis but we will only provide you with limited functionality.
  6. The membership fee for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen to your selected payment method on the calendar day corresponding to when you registered for an Account. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
  7. All fees include GST.
  8. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.
  9. The payment method you select may affect how quickly you receive any payment from us (if this is applicable).
  10. To the extent permitted by law, our service fee is non-cancellable and non-refundable.

Tradesmen

  1. This clause is only applicable to Tradesmen and “you” is a reference to the Tradesman.
  2. It is free for Tradesmen to list their services on the Platform by way of a Tradesman Listing or Tradesman Page.
  3. When creating an Account you warrant that you are at least 18 years of age and have any licenses required to provide the general maintenance or repairs services listed in your Tradesman Listing or Tradesman Page.

Ratings and Reviews

  1. Tenants and Landlords may rate a Tradesman (Rating) and/or may provide feedback on the services provided by a Tradesman (Review).
  2. Ratings and Reviews of a Tradesman can be viewed by any user and will remain viewable until the relevant Tradesman’s Account is removed or terminated.
  3. A Tenant and/or Landlord must provide true, fair and accurate information in their Review.
  4. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Tenant and/or Landlord from posting the Review. We do not undertake to review each Review on the Platform.
  5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  6. You may not publish Reviews for Tradesmen to which you have personal or professional relations.
  7. You can write a Review about a Tradesman if you have had a buying or service experience with that Tradesman, which means that:
    1. you have engaged that Tradesman to provide repairs or maintenance; or
    2. you have placed an order with the Tradesman for the provision of repairs or maintenance; or
    3. you can otherwise document your use of the Tradesman’s service, including via correspondence or other interaction with the Tradesman,

      (collectively referred to as a Service Experience).

  8. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
  9. You may not write a review about a Tradesman if you work for that Tradesman Landlord.
  10. Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
  11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Tradesman to write a Review, you should include information about this in your Review. Incentives include the Tradesman offering you a gift, reward, discount or advantage for writing a Review about the Tradesman on the Platform.

Refund and Cancellation Policy

Any cancellation or refund of a Tenancy or a Tradesman providing a service is strictly a matter between the Landlord and the Tenant and/or the Tradesman as applicable. The terms and conditions agreed to between the Landlord and the Tenant should be set out clearly in any rental document in respect of the Rental. The terms and conditions agreed to between the Landlord and/or Tenant and any Tradesman should also be set out clearly in any work order or other document in respect of the general maintenance or repairs to be carried out.

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.

Prohibited conduct

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):

  1. 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;
  2. using our Platform to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Platform;
  4. 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, viruses or piracy or programming routines that may damage or interfere with our Platform;
  5. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations, real estate laws and tenancy laws;
  6. using our Platform to find a Tenant, Landlord or Tradesman and then completing a property rental, tradesman request, or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  7. as a Landlord, offering any Rental Listing that you do not intend to honour or cannot provide;
  8. as a Tenant, making any offers to rent a property to Landlords that you do not intend to satisfy;
  9. as a Tradesman offering any trade or maintenance services that you do not intend to honour or cannot provide;
  10. using our Platform to send unsolicited messages; or
  11. facilitating or assisting a third party to do any of the above acts.

You may report any user using the ‘Report’ function on the Platform for carrying out any activities described above as Prohibited Conduct or otherwise where you feel it is necessary to report that user.

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.

Information

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 the prior written consent of ourselves or the owner of the Content (as applicable):

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews, photographs, Rental Listings, Tradesman Listings and Tradesman Pages (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

  1. (a)you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

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.

Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
  3. The goods and services provided by a Landlord might also confer you certain Statutory Rights.

Notice regarding Apple

  1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
  2. (b)Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
  3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
    1. product liability claims;
    2. any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.
  5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  6. You agree to comply with any applicable third-party terms when using our mobile application.
  7. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
  8. You hereby represent and warrant that:
    1. (1)you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
    2. (2)you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Landlords, Tenants, Tradesmen, Rental Listings, Tradesmen Listings, Tradesmen Pages including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free and free from viruses;
  3. our Platform will be secure;
  4. Tenants will find the Rental Listings desirable and requested to rent the Rental Listings;
  5. Rental Listings are of a particular standard or meet the Rental Listing description;
  6. general property repair and maintenance services provided by Tradesmen are of a particular standard of workmanship or meet the Tradesman Listing or Tradesman Page description; and
  7. the accuracy of National Tenancy Database Checks.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
    1. event or circumstance beyond our reasonable control;
    2. acts or omissions of you or your personnel;
    3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
    4. use of the Platform and/or Content;
    5. interaction you have with other users whether in person or online;
    6. any injury or loss to any person;
    7. Content which is incorrect, incomplete or out-of-date;
    8. any property damage that occurs to your property while using the Platform,
    9. any overcrowding or subleasing to your property whilst your property is listed on the Platform;
    10. breach of these Terms or any law.
  4. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  5. This clause will survive the termination or expiry of these Terms.

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.

Termination

  1. You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Landlord, any Rental Listings will be automatically cancelled. If you cancel your Account as a Tradesman, any Tradesman Listings will be automatically cancelled.
  2. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
  3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Landlord you do not own any property listed on the Platform or you are not authorised to rent out any property you list on the Platform; (iii) as a Landlord your Rental Listings at any time fail to meet any applicable quality or eligibility criteria(iv) as a Tradesman your Tradesman Listings or Tradesman Pages at any time fail to meet any applicable quality or eligibility criteria, (v) you have received poor Reviews or Ratings (vi) as a Landlord you have not paid your membership fees, or we have received complaints about you including due to repeated cancellations of Bookings.

Disputes: 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, where practicable or otherwise communicate, 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 may be referred by either party (by notice in writing to the other party) to litigation.

Collection Notice

  1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to third party Landlords who help us deliver our services (including information technology Landlords, 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.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
  5. Sharing of information: When using the Site and creating an account your personal information may be shared with other users for the purposes of renting a property and providing general maintenance or repairs. You consent to this sharing of your information with other users when you use the Platform.

Assignment

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. 

Severance

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.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales 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:

SE.GROUP PTY. LTD. trading as Instarent ABN 82 607 205 283

Email: hello@instarent.com.au

Last update: 13 July 2018

© LegalVision ILP Pty Ltd

This document was last updated on December 13, 2017

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