Last updated: 13th January 2021
Rent Rabbit - Terms of Service
These terms of service (“Terms”) constitute a contract between you and Rent Rabbit Pty Ltd and govern the use of and access to the Rent Rabbit website www.rentrabbit.com.au (“Site”) and any related mobile or software applications (“Rent Rabbit Platform”) by you and your agents including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
By accessing, using, receiving or continuing to use or receive the Services or authorising or permitting any agent to access, use or receive the Services, you are entering into a legally binding agreement with Rent Rabbit Pty Ltd.
In order to use the Services, you must first agree to the Terms by either:
- clicking to accept or agree to the Terms where it is made available to you by Rent Rabbit while using the Services; or
- actually using the Services.
If you do not accept the Terms or are unable to be bound by the Terms, you may not use the Services. If you use the Services, Rent Rabbit will treat your use of the Services as acceptance of the Terms from that point onwards.
- DEFINITIONS AND INTERPRETATION
When used in these Terms the following definitions apply:
“Content” means Your Content, the Rent Rabbit Content and the Third Party Content.
“Rent Rabbit Content' means content that Rent Rabbit creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with Your account and all other elements and components of the Services excluding Your Content and Third Party Content.
'Third Party Content' means content that comes from parties other than Rent Rabbit or its users and is available on the Services.
“You” or “Your” refers to you, as a user of the Services, being someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting or uploading information or views or pictures and includes other persons jointly participating in using the Services.
“Your Content” means communications, photos, data, information, reviews/opinions or any other content that you submit or upload to Rent Rabbit.
GENERAL CONDITIONS, ACCESS AND USE OF THE SERVICES
As a condition of access to and Your use of the Services, you represent and warrant that:
- You are at least 16 years of age;
- You are fully able and competent to understand and agree to these Terms;
- You will use the Services in accordance with these Terms;
- if You will use the Services on behalf of somebody else You have their consent and You will inform them of these Terms;
- You will not use the Services for commercial purposes;
- all information supplied by You to Rent Rabbit is true, accurate and complete; and
- You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
You acknowledge and agree that:
- The Services are made available to You for Your personal, non-commercial use, and unless agreed between You and Rent Rabbit, is free of charge.
- Rent Rabbit does not guarantee that access to the Services will always be available, uninterrupted secure or free from bugs of viruses, nor that the Services will be free from errors or omissions. Rent Rabbit shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond its control such as a failure of public or private telecommunications networks.
- Rent Rabbit reserves the right to suspend, discontinue, withdraw or change all or any part of the Services without notice to you.
- You must not attempt to gain unauthorised access to the Services or any server, computer or database connected to the Services including by way of attacking the Services.
- Rent Rabbit has sole discretion to deny access to You to our Services for any reason, including for a breach of these Terms.
- As a user of the Services, You are responsible for any of Your Content.
You must ensure that Your Content does not:
- contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- promote sexually explicit, pornographic material or violence;
- contain anything discriminatory;
- contain advertising disguised as a review;
- contain material that is not objective or is intentionally untrue;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- contain material which is likely to deceive any person;
- promote illegal activity or unlawful acts;
- impersonate any person, or misrepresent your identity or affiliation with any person or organisation; or
- give the impression that You are endorsed by Rent Rabbit or any other person or entity, if this is not the case.
You must not:
- misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is technologically harmful or malicious.
- monitor or copy any content or information of Rent Rabbit, the Site or the Rent Rabbit Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- violate the restrictions on the Site or Rent Rabbit Platform or bypass or circumvent other measures employed to prevent or limit access to the Site or Rent Rabbit Platform.
- If Your content is a review, You represent and warrant that You are the sole author of that review; the review reflects an actual experience that You had; You were not paid or otherwise remunerated in connection with Your authoring or posting of the review; and You had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of Your honest opinion.
- You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable. While Rent Rabbit reserve’s the right to remove content, it does not control actions or content posted by its users and does not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not Rent Rabbit.
INTELLECTUAL PROPERTY RIGHTS
- Rent Rabbit is the sole and exclusive owner of the copyrights, trademarks, service marks, logos, trade names, trade dress and all other intellectual and proprietary rightouts throughout the world (“IP Rights”) associated with the Services and Rent Rabbit Content, (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- You agree and acknowledge that the Services and the Rent Rabbit Content may contain information which is confidential and that You shall not disclose such information without Rent Rabbit’s prior written approval.
- You agree to protect Rent Rabbit’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Rent Rabbit or its suppliers and licensors of content or otherwise.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Rent Rabbit, or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s).
By submitting or Uploading Your Content to the Site or the Rent Rabbit Platform You are:
- authorising Rent Rabbit to use Your Content (including, where applicable, Your name, image and likeness); and
- granting Rent Rabbit an unlimited, non-exclusive, worldwide, royalty-free, transferable, sub-licensable, irrevocable right and licence to copy, use, distribute, reproduce, modify, display, adapt, perform, create derivative works form, store, publish, translate and otherwise use Your Content, in any media known now or in the future including for the purposes of marketing and advertising.
- Rent Rabbit grants you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You may use information made available to You through the Services for your personal and non-commercial use only. You must not use the Services for any illegal purpose or any manner inconsistent with these Terms.
- You agree not to copy, use, distribute, reproduce, modify, display, adapt, perform, create derivative works form, store, publish, translate and otherwise use any Rent Rabbit Content in whole or in part except as expressly authorised by Rent Rabbit.
- Rent Rabbit does not grant You any other express or implied rights or licenses to the Services, Rent Rabbit Content or its IP Rights.
RENT RABBIT’S LIABILITY IS LIMITED
To the fullest extent permitted by law, and subject to these terms:
- Rent Rabbit makes no representation or warranty about the suitability of the Content displayed on the Site or the Rent Rabbit Platform and disclaims all warranties and conditions with regard the any Content or any other information provided on the Site or the Rent Rabbit Platform, including (to the extent permitted by law) all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. All Content provided on the Site or the Rent Rabbit Platform are provided “as is”.
- Rent Rabbit disclaims all warranties and conditions that the Site or the Rent Rabbit Platform, the Services, its servers or any email sent from Rent Rabbit is from viruses or other harmful components.
- Rent Rabbit is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of users or third parties including for injuries, death, property damage, or other damages or expenses resulting therefrom. Rent Rabbit does not accept responsibility for the uninterrupted accessibility to its Services and may carry out technical or maintenance work on the Services at any of its choosing.
- To the fullest extent permitted by law, and subject to these terms, Rent Rabbit shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, Your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, Your reliance upon opinions appearing on the Site or the Rent Rabbit Platform; any computer viruses, information, software, linked sites, products and services obtaining through the Site or the Rent Rabbit Platform; or otherwise arising out of the access to, display of or use of the Site or the Rent Rabbit Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Rent Rabbit has been advised of the possibility of such damages.
- Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth).
You will indemnify and hold Rent Rabbit harmless against any claim brought against Rent Rabbit by a third party arising from or related to:
- use of the Service by You or Your agents in breach of these Terms;
- Your Content;
- matters which You have expressly agreed to be responsible pursuant to these Terms.
- Rent Rabbit is neutral platform which solely provides a means of communications between users including tenants and potential tenants, property owners and their representatives and real estate agents. Reviews or ratings made by users do not reflect the opinion of Rent Rabbit and solely reflect the views and opinions of the user making the review or rating. Each and every review posed on Rent Rabbit is the personal opinion of the user only.
- Rent Rabbit does not arbitrate disputes between users. If a user identifies a review that it does not consider to be true, that user can post a public response in order to address any misunderstanding. Furthermore, if, in the opinion of a user, another user’s review has violated any of Rent Rabbit’s policies, the user may write to Rent Rabbit at firstname.lastname@example.org and bring the claimed violation to Rent Rabbit’s attention. Rent Rabbit may, in its sole discretion, elect to remove the user’s review if it is in violation of the Terms, or other policies of Rent Rabbit or is otherwise harmful to the Services or its users
You warrant to Rent Rabbit that you have read, understood, and agreed to its Code of Conduct. Rent Rabbit reserves the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or its users in its sole discretion. Subject to the requirements of applicable law, it is not obligated to return any of Your Content to You under any circumstances.
THIRD PARTY CONTENT AND LINKS TO AND FROM THE SITE AND/OR PLATFORM
- The Services may contain content that includes materials or links to materials that belong to third parties. Your use of any third party services will not be covered by these Terms, but rather will be covered by the terms of service and policies applicable to the corresponding third party, which we suggest You read carefully before you visit any such website.
- We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
- Third Party Content, including content posted by our users, does not reflect Rent Rabbit’s views or that of its parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such Third Party Content. Rent Rabbit assumes no responsibility or liability for any of Your Content or any Third Party Content.
- You acknowledge and agree that Rent Rabbit is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, Rent Rabbit expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
CHANGES TO TERMS
Rent Rabbit may, in its absolute discretion, vary, amend, change or update these Terms without notice to You. You are responsible for keeping up to date with these Terms from time to time to ensure continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as Your express acceptance to such amended/changed terms and You also agree to be bound by such changed/amended Terms.
ASSIGNMENT AND ENTIRE AGREEMENT
- You may not, directly or indirectly, by operation of law or otherwise, transfer, assign or novate all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Rent Rabbit’s prior written consent.
- Rent Rabbit may, without Your consent, transfer, assign or novate Your Agreement with You to any related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) or in connection with any merger or change of control of Rent Rabbit or the sale of all or substantially all of Rent Rabbit’s assets provided that any such successor agrees to fulfil its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
- These Terms, together with any other Rent Rabbit policies that are incorporated into these Terms, constitute the entire agreement, and supersede any and all prior agreements between the parties with regard to the subject matter hereof.
- Rent Rabbit’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court to the minimum extent required, and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
COMPLAINTS, QUERIES AND DISPUTE RESOLUTION
- Any dispute concerning these Terms which cannot be resolved by the parties will be submitted to arbitration before an arbitrator agreed upon by the parties or, if parties cannot agree upon an arbitrator within 30 days after the expiry of the Resolution Period, to an arbitrator appointed by the Chairman of the Queensland Law Society.
- Arbitration will be in the state of Victoria and the arbitration will be conducted under the rules then prevailing of the Institute of Arbitrators Australia for the arbitration of commercial disputes.
- The arbitrator may award costs as part of his award. The award of the arbitrator will be binding and the award of the arbitrator may be entered as a judgement in any court of competent jurisdiction. The costs of the arbitrator are to be borne by You and Rent Rabbit equally.
Clauses 4 to 6 shall survive any termination of these Terms. Termination shall not limit either parties' liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
- All notices to a party may be delivered in writing by mail or electronic mail to the address provided in the relevant Agreement by that party from time to time.
The addresses for notices of the parties are set out below:
||Rent Rabbit Pty Ltd.|
Suite No. 1164, 17 Gould Road, Herston 4006
||As provided to Rent Rabbit
All notices shall be deemed to have been received:
- if sent by electronic mail, immediately upon delivery; and
- if sent by post, within three business days after the date of posting (if posted within Australia) and 10 business days after posting (if posted to an address outside of Australia).
These Terms are governed by the law of Queensland, Australia and the parties submit to the jurisdiction of the Courts of that State.