Terms and Conditions
Last updated: 3 September 2019
Please read these Terms and Conditions carefully before using our Service.
These Terms and Conditions ("Terms") apply to the use of the online service at www.ausrental.com and any inspection booking services and associated products ordered through it ("Service") operated by Ausrental Pty Ltd (ABN 69 632 470 761) ("us", "we", or "our").
Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the Service.
You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access the Service.
If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card details, your billing address and your shipping information.
You represent and warrant that:
you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that
the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.
Rights upon Purchase
Once payment has been processed and confirmed for any product or service (“Purchase”), you obtain a one-time, revocable and non-exclusive licence (“Licence”) to the benefit of that Purchase, and the various information and intellectual property provided through that Purchase, pursuant to these Terms.
The Licence authorises you to use the information and intellectual property provided for the sole purpose of you considering the rental of a residential property (“Purpose”).
The Licence does not authorise you to copy, alter, use, recreate, decompile, reverse-engineer or otherwise deal in our logos, videos, report material without our prior written consent for anything but the Purpose, including but not limited to using the Service for alternate personal or commercial purposes.
The Licence is not assignable by you.
All content provided to you under the Licence in furtherance of the Service remains our intellectual property, including but not limited to any source code, analytical and statistical information, ideas, enhancements, feature requests, suggestions or other information provided by you with respect to the Service.
Upon termination of the Licence you undertake to destroy all our property, including intellectual property, obtained by you during the term of the Licence.
The Licence is non-exclusive. This means we may, at our absolute discretion, be engaged by more than one customer for the provision of services that are similar or the same as those to be provided to you under the Licence. We make no representations that you will be prioritised or that other customers won’t be prioritised, in the process of us providing the Services.
While we will always endeavour to communicate with you on any information relevant to a property’s availability, we cannot guarantee the ongoing availability of any property recommended or subject of your interest and to which we devote our Service. If a property you direct us to inspect becomes unavailable after our inspection, you will remain liable for the fee paid for the Service.
Specific Product entitlements
Our Full Relocation Package comprises:
a list of properties compiled by us for you to choose from, based on your responses to our specially designed questionnaire, as well as any properties you are already interested in
inspection and video report for up to three properties, plus a written report regarding considerations of importance such as local area schools, public transport, etc.
completion of up to three tenancy applications on your behalf when you nominate your preferred property/ies.
If requested, execution of the tenancy document under the power of attorney granted by you if you’re successful in a tenancy application.
Our Video Inspection comprises:
inspection and video report for one property nominated by you, including all necessary liaison with the advertising agent.
When you make a Purchase from the Service, you must provide us information that is accurate, complete, and current at all times. This includes updating your account with any relevant changes to the required information immediately upon becoming aware of that change. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Licence.
Disclaimer of Service Quality
You acknowledge and agree that you use the Service at your own risk.
As a consumer, you have certain rights, such as the consumer guarantees under the Competition and Consumer Act 2010, which cannot by law be excluded (Non-Excludable Condition). This clause is subject to those Non-Excludable Conditions.
You agree that all implied guarantees, conditions and warranties that may otherwise be implied are excluded from these Terms, except any Non-Excludable Conditions.
Subject to the application of any applicable Non-Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with these Terms or the Service, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded.
Subject to the application of any Non-Excludable Condition, we will not, under any circumstances, be liable to you for any Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
To the extent permitted by law, our liability for breach of any Non-Excludable Condition is restricted to the re-supply of the Service subject of the Licence or payment of the cost of re-supply of the Service subject of the Licence.
You agree that to the fullest extent available under the law, the limitation and indemnity clauses, to the extent that they are applicable, apply to any website (such as www.ausrental.com) that you use to access or use the Service.
Lease Execution and Power of Attorney
We are not obliged to execute any lease under a Power of Attorney without you:
confirming in writing your instructions for us to do so; and
transferring any required monies for bond or security required by the property owner to the managing agent’s trust account in advance.
By executing a Power of Attorney, you agree to provide us, our agents and assigns all powers necessary to commit you to a residential tenancy for a property nominated by you.
You agree that we are not engaged to, nor do we make any assessment of, your ability to meet your obligations under the residential tenancy.
We may terminate or suspend your Licence immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your Licence will immediately cease. If you wish to terminate your Licence, you may simply advise us in writing.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, our right to charge fees for the Service, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If the applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by sending a communication to any address (email or otherwise) that we have for you in our records.
Contests, Sweepstakes and Promotions
Please read our current Refund Policy, which outlines our money back guarantee.
Liability Limitation for Use of Our Service
You acknowledge that you use the Service at your own risk.
You agree that we shall not be liable for any damages suffered as a result of you using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if we have been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading statements made and/or incorporated into the Service that are provided by third parties, such as real estate agents. It is your sole responsibility to ensure the accuracy of the data entered.
Without limiting this prohibition, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnity section survives the expiration of your Licence and applies to claims arising both before and after the Licence ends.
Availability, Errors and Inaccuracies
We are constantly updating our product and service offerings on the Service. The products or services available on our Service may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
The content of this website is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Links to Other Web Sites
The Service may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable to you, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such links to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
The relationship between us and you under any agreement arising from these Terms does not form a joint venture or partnership.
No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Any agreement arising under these Terms will be governed by the laws of the state of Victoria. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there.
Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
Any agreement arising from these Terms is part of an e-commerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed and validly entered into electronically in accordance with the Electronic Transactions Act 1999.
We may, at any time and at our discretion, vary or update these Terms by publishing the amended Terms on our Service. We recommend you check our Service regularly to ensure you are aware of our current Terms. Changes to these Terms are effective when they are posted on this page. If we make any material changes to these Terms, we will make every reasonable effort to notify you either through the email address you have provided us or by placing a prominent notice on our website.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.