Tenant Options Website Terms of Use
About the Website
Welcome to www.tenantoptions.com.au (Website), an online rental application process to help provide efficiencies to the residential real estate market.
The Website is owned and operated by Tenant Options Pty Ltd (ABN 32 608 151 533) (Tenant Options, we, us, our). Access to and use of the Website, or any of its associated products or services, is provided by Tenant Options. Please read these terms and conditions (Website Terms) carefully.
These Website Terms and our Privacy Policy form the basis on which you may view, access and use our Website. Our Privacy Policy explains how we collect, use, store and handle your personal information.
If you would like to access or subscribe to any of our rental application or smart referencing services or associated products available through the Website (Services), you will also need to review and accept our General Terms of Service.
By using, browsing and/or accessing the Website, you agree to be bound by these Website Terms. If you do not agree with the Website Terms, you must cease using the Website.
We reserve the right to review and change any of these Website Terms from time to time by updating this page. Any changes to the Website Terms take immediate effect from the date of their publication. Your continued use of the Website will constitute your acceptance of any modified terms. Before you continue, we recommend you keep a copy of the Website Terms for your records.
Account set up
Some parts of the Website require you to create an account with us. You must be at least 18 years of age to create an account with us.
You have sole responsibility for protecting the confidentiality of your password and account login details. You should notify us immediately of any breach of security or actual or suspected unauthorised access of your account.
You agree and warrant that any information you give to us in the course of completing the account set up process is accurate, correct and up to date.
You can cancel your account at any time by visiting the “My Account Settings” page and selecting the option to delete your account.
Right to use Website content
You acknowledge and agree that:
- you may not access or use the Website in any way that could or is intended to damage, impair or interfere with the Website or any server or network underlying the Website;
- you will not use the Website in breach of applicable laws;
- you will not use the Website for any illegal, unlawful or unauthorised purpose. This includes collecting email addresses of individuals by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice; and
- any automated use of the Website is prohibited.
Copyright and Intellectual Property
The Website and its related content are protected by applicable intellectual property laws, including copyright. Unless otherwise indicated, all rights (including copyright) in the Website and its content are owned or licensed by us.
Except as expressly permitted by us:
- you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Website content to any third party;
- you must not use this Website or any of its content for commercial purposes.
All trade marks, service marks and trade names displayed on the Website are owned or licensed by Tenant Options. Nothing contained on the Website should be construed as granting any licence or right to use any trade mark, service mark or trade name displayed on the Website without the written permission of Tenant Options or the relevant third party licensor.
Third party content and links to other websites
The Website may contain links to other websites operated, controlled or produced by third parties. We do not control, endorse or approve any such third party websites and do not provide any warranty or take any responsibility for any third party content or information that may be accessed via a link from this Website.
Any personal information that you submit whilst on a linked site will not be collected or controlled by us but will be subject to the privacy policy of the linked site.
Linking to the Website
You must not link to the Website from any other website (or authorise any other person to do so) without our prior written consent. To seek approval, please contact us at info@tenantoptions.com.au.
Disclaimer
While we endeavour to keep the Website accurate and up to date, inaccuracies may occur. We do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content.
We do not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website.
You acknowledge and agree that the Website content is subject to change at any time without notice to you. You are responsible for making reasonable enquiries to ensure the accuracy and currency of the material or information you seek to rely on.
Limitation of liability
To the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind (including indirect, special and consequential loss, loss of profits, loss of goodwill and loss of data) arising out of or in connection with your use of the Website except to the extent that such loss or damage is directly caused by our fraud or wilful misconduct.
Where the law implies a warranty or guarantee into these Website Terms which may not be lawfully excluded, then (provided it is fair and reasonable to do so) our liability for breach of such warranty or guarantee will be limited, at our option, to:
- 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 re-supplied;
- in the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
Indemnity
You agree to indemnify Tenant Options and its affiliates (and each of their directors, employees, agents, officers, partners, third party content providers and licensors) for any loss, damage, liability, claim or demand (including reasonable legal fees) arising out of or in connection with any breach of these Website Terms by you.
Governing law and jurisdiction
These Website Terms shall be construed in accordance with and governed by the laws of South Australia, Australia. In the event of a dispute which arises under these Website Terms, you consent to the exclusive jurisdiction of the courts of South Australia.
Severance
If any part of these Website Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Website Terms shall remain in force.
Last updated August 2020