Tenant Options General Terms of Service

These General Terms of Service apply to the supply of online rental application and smart referencing services (Services) and associated products by Tenant Options Pty Ltd (Tenant Options, we, us, our) via the Tenant Options website (www.tenantoptions.com.au) (Website). 

If you are an individual who submits a rental application through the Website, please refer to the terms set out in Parts A and C.

If you are a property agent who receives rental applications from Tenant Options’ account holders, please refer to the terms set out in Parts B and C. 

These General Terms of Service should be read together with our Website Terms and Privacy Policy. All references to “personal information” in these General Terms of Service means personal information as that term is defined in the Privacy Act 1988 (Cth).

PART A: Terms applicable to individuals who submit rental applications through the Website 

By creating a renter profile and submitting rental applications via the Website, you agree to the terms set out in this Part A.

  1. Creating a renter profile
    1. In order to submit rental applications via the Website, you must create a renter profile and be at least 18 years of age.
    2. In order to create a renter profile, you are required to provide certain personal information which we collect, use and disclose in accordance with our Privacy Policy. 
    3. You represent and warrant that all information you submit as part of your renter profile (and any subsequent rental application) is accurate, up to date and not misleading.
    4. You can delete your renter profile at any time, however this means you will not be able to submit rental applications via the Website.
    5. We may delete your renter profile and immediately suspend or terminate your access to our Services if we reasonably consider that you are using our Services in breach of applicable laws or regulations, or for any improper purpose.
  2. Submitting a rental application
    1. You acknowledge and agree that:
      1. Tenant Options is not the agent or property manager. Any rental application submitted by you is subject to the property owner’s approval;
      2. if your rental application is accepted by the property owner, you will be required to enter into a separate rental agreement with the property owner or his/her agent. You should carefully review the applicable rental terms and get independent advice if you do not understand them.
  3. Privacy
    1. Any personal information you provide to us is collected, used and disclosed in accordance with our Privacy Policy.
    2. You acknowledge and agree that information (including personal information) included in any rental application submitted by you will be shared with the relevant property agent to enable them to assess and process your rental application.
    3. If you have any questions regarding how a property agent may use or disclose your personal information, you should check their privacy policy.
    4. If any rental application submitted by you contains personal information about an individual other than yourself, you represent and warrant that you have obtained all necessary consents to enable that personal information to be used and disclosed by us in accordance with our Privacy Policy.
  4. Reference checking
    1. Each rental application requires you to nominate one or more referees for reference checking purposes.
    2. You acknowledge and agree that:
      1. information provided by your referees may be collected and used by Tenant Options and the property agent for the purpose of assessing your rental application; and
      2. you will be able to check the response status of your referees, however any information provided by your nominated referees is confidential and will not be disclosed to you without the referee’s prior written consent.
    3. Referee responses are valid for up to twelve weeks for all properties you apply for. If you apply for a property after twelve weeks following submission of your referee’s response, you will be required to resend your reference requests to your referees.
  5. Utility Connections
    1. When you submit a rental application you will be asked if you would like to be contacted by a utility broker to assist you with connecting your utilities upon moving into your new property. If you agree to this, we will disclose your name and contact details to the property manager’s utility broker. You should note that the utility broker and property agent may receive a commission from certain utility service providers.

PART B: Terms applicable to property agents who receive rental applications via the Website

If you receive or access rental applications via our Website, you agree to the terms set out in this Part B.

  1. Creating a property agent account
    1. Before you can receive rental applications via the Website, you must create a property agent account and pay the applicable access fee (see clause 4 below).
  2. Using the Website
    1. You acknowledge and agree that:
      1. you are only permitted to use the Website and information contained in a rental application for the purpose of assessing and responding to rental applications;
      2. you must not collect, use, disclose or store any personal information obtained from us or through the Website for any purpose other than assessing and responding to rental applications;
      3. you will not disclose any personal information received from us or through the Website without first obtaining the express consent of the relevant individual;
      4. references are confidential and must not be disclosed without the referee’s prior written consent.
  3. Privacy
    1. You acknowledge and agree that:
      1. you will comply (and will ensure that all of your personnel comply) with all applicable privacy laws (including the Privacy Act 1988 (Cth) and Australian Privacy Principles) when collecting, using, storing and disclosing any personal information obtained via the Website;
      2. you will take all necessary steps to ensure that all personal information collected by you via the Website is securely stored and protected against unauthorized access, modification, disclosure, misuse, interference or loss;
      3. where you provide us with personal information about an individual, you must obtain consent from that individual for their personal information be used and disclosed to us in accordance with our Privacy Policy and by providing the personal information to us you warrant that you have obtained such consent; 
      4. you will immediately notify Tenant Options if you become aware of:
        1. any errors or omissions in personal information obtained via the Website;
        2. any actual or suspected unauthorized access, modification, disclosure, misuse, interference or loss of any personal information obtained via the Website; 
        3. any request, complaint or enquiry made by a regulatory authority or data subject in relation to the handling of personal information by you; (each a Privacy Incident);
      5. you will cooperate with and do all things reasonably required by us in relation to a Privacy Incident.
    2. Your obligations under this clause 3 will survive any termination of your account with us.
  4. Access Fees
    1. In order to access and use our Services, you must pay to Tenant Options a monthly access fee. The amount of the access fee is calculated by reference to the number of properties you manage and is charged monthly in arrears. 
    2. You will be notified of the amount of the access fee when you register your account with us.
    3. Unless specified otherwise, all access fees shown on our Website are exclusive of GST. 
    4. We reserve the right to change our access fees from time to time. If we change the access fee, you will be given at least 30 days prior written notice. If you do not accept the revised access fee, you may terminate your account with us.
  5. Payment terms
    1. You must pay the monthly access fee within 10 days of receipt of a tax invoice from us.
    2. We reserve the right to charge interest on late payments at the Cash Rate Target set by the Reserve Bank of Australia plus 2%.
  6. Suspension or termination
    1. You may terminate your account with us at any time by contacting sales@tenantoptions.com.au. If you do this, your final access fee will be charged on a pro rata basis for Services provided up to the date of termination.
    2. Without limiting any of our other rights:
      1. we may terminate or suspend your account with us for any reason by giving you at least 30 days prior written notice;
      2. we may immediately terminate or suspend your account with us if:
        1. we reasonably consider you to be in breach of clause 2 or 3 of these General Terms of Service; or
        2. you breach any other provision in these General Terms of Service and fail to rectify that breach within 7 days of us giving you notice of the breach and requiring that it be remedied; or
        3. we reasonably consider that your use of the Website is unlawful, violates the rights of another person or is likely to bring us or our business into disrepute.

PART C: General terms applicable in all cases

  1. Liability
    1. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. This includes a guarantee that our Services will be provided with acceptable care and skill, be fit for any purpose that we have agreed with you, and be delivered within a reasonable time when there is no agreed end date.
    2. Nothing in these General Terms of Service limits or excludes our liability for:
      1. any guarantees, warranties, representations or conditions implied or imposed by law, including consumer guarantees imposed under the Australian Consumer Law, which by law may not be limited or excluded;
      2. fraud; or
      3. wilful misconduct.
    3. Subject to clause 1.2 above, and to the maximum extent permitted by law, we:
        1. do not provide any warranty in relation to your use of or access to the Website or our Services. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these General Terms of Service are excluded;
        2. will not be liable for any direct, indirect, special, or consequential loss or damage, loss of profit or opportunity, loss of data, or damage to goodwill arising out of or in connection with your use of the Website or our Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise;
        3. limit our liability for breach of any guarantee, warranty or condition that cannot be lawfully excluded to, at our option:
          1. in the case of services supplied or offered by us, the resupply of the services to you or the payment of the cost of having those services resupplied; 
          2. in the case of goods supplied or offered by us:
            1. the replacement of the goods or the supply of equivalent goods; 
            2. the repair of the goods;
            3. the payment of the cost of having the goods replaced; or
            4. the payment of the cost of having the goods repaired.
  2. Indemnity
    1. You indemnify us (and each of our agents, directors, officers and employees) against any loss, damage, liability, claim, expense or cost (including reasonable legal fees) arising out of or in connection with any breach of these General Terms of Service (including breach of any warranty) by you.
  3. Governing law and jurisdiction
    1. These General Terms of Service are governed by the laws of South Australia, Australia. In the event of a dispute arising out of these General Terms of Service, the parties submit to the exclusive jurisdiction of the Courts of South Australia, Australia.
  4. Amendment
    1. We may amend these General Terms of Service at any time by publishing new terms on our Website. If we amend these General Terms of Service in a way that is likely to materially disadvantage you, we will give you at least 30 days’ notice.  If you do not wish to be bound by the modified terms, you should cease using our Services.
  5. Assignment
    1. We may assign or otherwise transfer these General Terms of Service at any time. If we do so, we will provide you with notice.
  6. Severance
    1. If any term of these General Terms of Service is declared void, unenforceable or illegal by a court of competent jurisdiction, that term shall be severed and all remaining terms shall continue with full force and effect.
  7. Waiver
    1. No delay or failure by us to enforce any provision of these General Terms of Service will be deemed a waiver. No waiver by us will be effective unless in writing and signed by us.

Last updated August 2020