Terms of Use | Rentomise

1. Definitions

Account

An account with us.

Account Holder

The user or owner of an account with us.

Annual Service Fee

The annual fee the Service Provider pays to Rentomise for specific service provision.

Connection Fee

The fee the Service Provider pays to Rentomise.

Service Acceptor

An Account Holder who will receive services.

Service Provider

An Account Holder who will undertake services.

Consequential Loss

Any loss, damage or expense recoverable at law:

Other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
Which is an indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, and any costs or expenses incurred in connection with the foregoing, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise (and even if that Party has been advised of the possibility of such damages or Loss).

Intention to Procure Management Agency Services Agreement

An agreement between a Service Acceptor and a Service Provider that outlines their intention to establish a rental management services agreement outside of the Rentomise Platform.

Non-excludable Condition

Any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the applicable law or cause any part of the contract to be void.

Personal Information

As defined in the Rentomise Privacy Policy.

Rentomise

Rentomise Pty Ltd ACN 679 685 039, and refers to any tools, guides, services, software and/or processes made available or in connection with Rentomise.

Rentomise Platform

Any on-line tools, guides, services, software and/or processes made available or in connection with Rentomise.

Packaged Services

Tasks or Services to be undertaken between Account Holders or users.

Third Party Service

Services offered by third parties.

Tasks

Activities to be undertaken by an Account Holder.

You and Your

Each person who is an Account Holder for an Account or a person authorised to operate an Account on behalf of the Account Holder.

2. Rentomise Service

2.1 At our discretion, Rentomise may allow You to create an Account.

2.2 Rentomise provides a marketplace connection service for Account Holders. The intention is for an Account Holder (the Service Acceptor) to identify a suitable third party Account Holder (the Service Provider) to undertake property management services.

2.3 If Account Holders achieve a connection for future service provision, an Intention to Procure Management Agency Services Agreement is created between the Service Provider and the Service Acceptor.

2.4 Important: Rentomise does not provide property management services, or undertake any Tasks, and makes no warranties regarding the Packaged Services, Service Providers or Service Acceptors.

2.5 Rentomise has no liability for the performance or non-performance of any agreement between the Service Provider or Service Acceptor, including but not limited to the Intention to Procure Management Agency Services Agreement.

2.6 Rentomise provides a marketplace connection service in consideration for a Connection Fee. Selective options may also include an Annual Service fee. It is the responsibility of the Service Provider to pay the Connection Fee to Rentomise.

(a) Connection Fees payable to Rentomise are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
(b) The Annual Service Fee may be cancelled if the Service Provider ceases to require these services. To cancel, contact our billing team and include "cancellation of annual service charge" in the title. Any request submitted will be actioned within 10 business days.

2.7 Rentomise does not accept, facilitate or transfer funds between Account Holders. Any information or optionality regarding fund transfers is provided for informational purposes only.

2.8 Tasks listed within Rentomise are a list of common tasks intended for informational purposes only.

2.9 If a dispute arises between Account Holders, parties agree under this Policy to attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

2.10 Rentomise may provide opportunities for Account Holders to connect before committing to an intention to procure services. In this scenario, we may cancel Your Account and seek reimbursement of lost revenue up to $5000 per property if we suspect Account Holders are circumventing the Rentomise platform.

3. Creating an Account

3.1 In creating an account, You warrant:

(a) You are over 18 years of age

(b) You assure us that You own or are authorised to use the Account

(d) You are qualified to undertake the Tasks You have nominated as the Service Provider and that You have all professional qualifications and relevant licences in the jurisdiction where the services are performed that would reasonably be expected

(e) That the Account is not likely to be misleading as to who You or an Account Holder for the Account are

(f) Creating the Account will not infringe on the intellectual property rights of any person

(g) That the information provided to Rentomise is true and accurate, and that You agree to immediately notify us and update Your account if any of the information You provided when creating the Account changes or becomes incorrect or misleading

(h) That You will abide by all required laws and regulations, and that You agree to not use Rentomise for any illegal or immoral purpose

(i) That You have no current or past criminal proceedings against You or Your associated businesses

(j) That You acknowledge that You authorise and consent to the Rentomise Privacy Policy

(k) You will at all times comply with this Policy, and all applicable laws and regulations, and You agree to ensure You are aware of any laws that apply to You in relation to Your use of the Rentomise Platform

(l) If any of these conditions cannot be met in the future, You will close Your account

3.2 We may refuse to allow an Account to be created for any reason, including where we are not satisfied that the above requirements have been met.

3.3 The Account types we allow You to create for Your Account may differ depending on Your circumstances and the type of Account You have. Not all account types are eligible to have certain Account types created for them.

3.4 The Account Name registered must reasonably represent the name of an accountholder of the Account. We may choose and select the Account Name that is registered in the Rentomise service when an Account is created and may change the Account Name associated with an Account at any time if we think doing so is necessary to ensure it reasonably represents the name of an accountholder.

4. Closing, Locking and Unlocking an Account

4.1 You can close Your Account at any time via the Rentomise Platform.

4.2 You must close Your Account immediately if You no longer own or have authority to use an Account or if the information You gave us when the Account was created changes.

4.3 We may, if we have reasonable grounds for doing so, lock or close an Account created at any time without prior notice to You. Without limitation, this includes where:

(a) You have requested that we do so
(b) We reasonably believe or suspect that You do not own and are not authorised to use the Account
(c) We reasonably believe or suspect that the information You provide to us or the statements You make to us when creating the Account are incorrect, incomplete or misleading
(d) You fail to comply with Your obligations under this Policy or the terms and conditions that apply to Your Account
(e) We suspect You created the Account or are using the Account in connection with fraudulent or illegal activity
(f) We have closed or restricted Your Account or You cease to be the accountholder or authorised to use the Account
(g) Where it is necessary to manage a material and immediate risk or to immediately restore or maintain the security of one of our systems, or Your Account
(h) Where You have requested or responded to service provision between the Service Provider and Service Acceptor outside the Rentomise platform, or if Rentomise suspects at its sole discretion that You have breach any obligation under this Policy

4.4 We will tell You if we lock or close Your Account, within a reasonable period of doing so, unless it was done at Your request or unless we are not permitted to do so under any applicable law.

4.5 If Your Account is closed it must be re-created before it can be used again.

4.6 We may automatically lock or close an Account if no Intention to Procure Management Agency Services Agreement activity has been made using the Rentomise Platform in a 18 month period.

5. Limitation of Liability

Important Disclaimer:

5.1 We are, to the extent permitted by law, not liable to You for any loss or damage You suffer as a result of:

(a) An Account being created or You using or attempting to use an Account that has been created
(b) Us refusing to create an Account or any delay in creating an Account
(c) Us locking or closing an Account
(d) Any failure or malfunction of the Rentomise Platform, or any of our systems or procedures that use or connect with the Rentomise Platform

5.2 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Rentomise specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction or activity in any use of or access to the Rentomise platform, including between Account Holders and/or users, for example this includes but is not limited to:

(a) Any delay by Rentomise in providing the platform to a user/Account Holder
(b) Any reliance on the Rentomise Platform (including to engage a property manager or to acquire goods or services from any other user)
(c) Any use or application of the Rentomise Platform by a person or entity other than the Account Holder, or other than as reasonably contemplated by the Terms of Use
(d) The accuracy, timeliness, credibility, quality, utility, or completeness of the information or content contained on the Rentomise Platform

5.3 Except for liability in relation to a breach of a Non-excludable Condition, and to the extent permitted by law, Rentomise's liability for any Consequential Loss arising out of or in connection to the Services, and/or the Intention to Procure Management Agency Services Agreement, is limited to the total amount of payment made by that Account Holder to Rentomise during the twelve month period prior to any incident causing liability of Rentomise, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.4 Rentomise's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited to the total amount of payment made by that Account Holder to Rentomise during the twelve month period prior to any incident causing liability of Rentomise.

6. Agreement

6.1 You understand and agree that:

(a) Rentomise does not undertake any investigation in relation to any Account Holder, Service Provider or Service Acceptor including criminal checks, verification of qualification or licenses, verification of property ownership, or any character or other checks of the suitability of an Account Holder, Service Provider or Service Acceptor to perform any task which they may claim to be able to provide on the platform.

(b) Rentomise may use Identity Verification Services for some account types. Identity Verification Services may not be fully accurate as all Rentomise services are dependent on user-supplied information and/or information or Verification Services provided by third parties. You are solely responsible for identity verification and Rentomise accepts no responsibility for any use that is made of a Rentomise Identity Verification Service. Rentomise Identity Verification Services may be modified at any time.

(c) Rentomise are not responsible for, and do not warrant the truth or accuracy of any aspect of any information provided by Account Holders (whether expressed or implied), including, but not limited to, the ability of Service Acceptors or Service Providers to perform tasks or supply items, the transfer of funds between Account Holders or any agreements signed between Account Holders, or the honesty or accuracy of any information provided by Account Holders, or the Account Holders ability to pay for the Services requested. To the extent permitted by law, Rentomise specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

(d) You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging any Account Holder to perform services. You are also solely responsible for making Your own evaluations, decisions and assessments about choosing a Service Provider or Service Acceptor.

(e) You assume all risks and You agree to expressly release, indemnify and hold harmless Rentomise from any and all loss, liability, injury, death, damage, or costs arising or in any way related to any services provided by or facilitated by the Rentomise platform. This includes but is not limited to performance of tasks or supply of items, the transfer of funds between the Account Holders or any agreements signed between the Account Holders, or the honesty or accuracy of any information provided by Account Holders, or the Account Holders ability to pay for the Services requested.

(f) All information provided by Rentomise, is for informational purposes only and does not constitute professional or legal advice.

(g) Not withstanding clause (a) Rentomise is entitled to undertake selective checks and investigations into Account Holder details as required for the purpose of managing Rentomise business and reputational risks.

6.2 You indemnify us against, and will be liable to us for, any direct or indirect loss, damage, charge, expense, fee or claim we may suffer or incur in respect of any activity in use of or access to Your Account. We may debit any such loss, damage or cost to any Account You hold with us. For example, this may include, but is not limited to reputational and financial impacts related to fraud, inappropriate use of Your Account, criminal activities, as well as transacting and circumventing the platform for service connection and provision.

6.3 Rentomise has no obligation to assist or involve itself in any dispute between Account Holders although may do so to improve the user experience.

7. Inconsistency

To the extent of any inconsistency between this Policy and the other terms and conditions that apply to Your relevant Account(s), this Policy prevails.

8. Changes to Terms and Conditions

8.1 We may change these terms and conditions at any time without Your consent for one or more of the following reasons:

(a) To comply with any change or anticipated change in any relevant law, code of practice, guidance or property management general practice
(b) To reflect any decision of a court, ombudsman or regulator
(c) To reflect a change in our systems or procedures, including for security reasons
(d) To respond to changes in the cost of providing the Rentomise service; or
(e) To make them clearer or to add features, but will only do so in order to protect our legitimate business interests, and only to the extent reasonably required to do this

8.2 The revised version will be effective at the time we specify. If our changes reduce Your rights or increase Your responsibilities, we will post a notice on the Policy Updates page of our website and provide notice to You of at least 30 days. You agree to receive notices electronically. By continuing to use our services after any changes to this Policy become effective, You agree to comply with those changes. If You do not agree with any changes to this Policy, You may close Your account.

8.3 If You are unhappy with the changes we have made to these terms and conditions, You can close Your Account.

9. Notices

We may give You notices in relation to Your Account in any way allowed by law.

10. General

10.1 This Policy is governed by the laws of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

10.2 The provisions of this Policy are severable, and if any provision is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

Terms of Use Policy