1.1 In this Agreement the following terms have the following meanings;
2.1 The Services are accessed on the Site, which is owned and operated by RENT. The Agent's access to the Services is conditional upon acceptance and compliance with these Terms and Conditions and this Agreement.
2.2 The Agreement is between the Agent and RENT.
2.3 The use of the Services, including the posting of Property Listings, is limited to the Agent and End Users associated with the relevant Office.
2.4 If an Agent uploads Content to the Site from more than one Office, then each Office must enter into a separate Agreement with RENT and only End Users who are employed at or conduct business from an Office that has entered into an Agreement with RENT are entitled to use the Services.
2.5 End Users may only use the Services for the business purposes of the Agent.
3.1 To the extent that these Terms and Conditions conflict with any other conditions that RENT may publish from time-to-time on the Site for providing to the Agent the Services (including the Use of Site Conditions), these Terms and Conditions will prevail.
3.2 Despite clause 3.1, to the extent that any conditions on the Application Form, including Prices, conflict with these Terms and Conditions the conditions on the Application form will prevail.
4.1 The Agent must complete the appropriate Application Form or forms and provide all information stipulated by RENT from time-to-time relating to the Services selected by the Agent.
5.1 This Agreement comes into effect immediately upon RENT notifying the Agent that it will provide the Services to the Agent and remains in effect until terminated.
5.2 The Agent or RENT may terminate this Agreement without reason by one party giving a minimum 30 days' prior written notice to the other party, unless the relevant Application Form provides a fixed term for the Agreement (Fixed Term Period).
5.3 If a Fixed Term Period applies to the Agreement, the Agreement may be terminated before the expiration of the Fixed Term Period:
5.4 If the Agreement is terminated prior to the end of the Fixed Term Period, the Agent is obliged to pay all Prices chargeable for the Services prior to termination.
5.5 On the expiration of the Fixed Term Period, the Agreement will continue on a periodic basis, terminable by either the Agent or RENT giving a minimum of 30 days' prior written notice to the other party.
6.1 The Agent may only use the Services, including the Add-On Services, if the Agent holds a Plan.
6.2 Each Plan is comprised of a bundle of Services. The Agent may purchase additional Services that are not included in the Agent's Plan as Add-On Services.
6.3 Agents may purchase Add-On Services at any time by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
6.4 All Add-On Services are available to agents who hold the Smart Plan or a Feature Plan. These Add-On Services include the Exclusive Top Listing Service, Agent Highlight Listings, Agent Spotlight Listings, the RentQuotes Service, RentReports and the RentCheck Service.
6.5 The following Add-On Services are not available to Agents who have only the Basic Plan:
7.1 There is no Price for the Basic Plan.
8.1 The Smart Plan has no monthly Price. However, an Agent who holds the Smart Plan must pay a Price for each Tenanted Property (Success Fee).
8.2 An Agent's obligation to pay the Success Fee arises even when the relevant property becomes a Tenanted Property after the Agreement is terminated or the property has been withdrawn from the Site.
9.1 There is a monthly Price for the Feature Plans.
10.1 An Agent who holds a Basic Plan may upgrade their Plan to the Smart Plan, Feature 3 Plan or Feature 6 Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
10.2 An Agent who holds a Feature 3 Plan may upgrade their Plan to the Feature 6 Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
10.3 An Agent who holds Smart Plan may change their Plan to a Feature Plan at any time by contacting RENT on the agent administration centre on the Site, completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
10.4 An Agent who holds a Feature Plan may change their Plan to a Smart Plan at any time by contacting RENT on the agent administration centre on the Site and completing the Application Form stipulated by RENT from time-to-time.
10.5 An Agent may hold the Smart Plan in addition to a Feature Plan.
11.1 Each Property Listing on the Site must be associated with a particular suburb and, to that end, the Agent must stipulate when placing a Property Listing the suburb in which the property is located.
11.2 When a search is conducted on the Site, or a User browses the Site, Property Listings falling within the parameters of that search/browse and associated with the suburb searched/browed will appear in the following order:
12.1 Each Agent Listing on the Site must be associated with a particular suburb or suburbs.
12.2 Agents who hold the Smart Plan are entitled to one Agent Listing to be associated with one suburb, being the suburb in which the Agent's Office is located. RENT may, at its sole discretion, provide the Agent with an Agent Listing in one or more additional suburbs in respect of which the Agent has a Property Listing. The Agent may also select additional suburbs to be associated with their Agent Listing by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
12.3 Agents who hold a Basic Plan are not entitled to have an Agent Listing but RENT may, at its sole discretion, provide the Agent with an Agent Listing in one or more of the suburbs in respect of which the Agent has a Property Listing.
12.4 When a search is conducted on the Site, or a User browses the Site, Agent Listings falling within the parameters of that search/browse and associated with the suburb searched/browsed will appear in the following order:
13.1 Subject to clause 6.5, Agents may purchase Agent Spotlight Listings or Agent Highlight Listings as Add-On Services by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
13.2 Agent Spotlight Listings are limited to a maximum of one per suburb. Priority is determined by the order in which an Agent requests the Agent Spotlight Listing.
13.3 Agent Highlight Listings are limited to a maximum of two per suburb. Priority is determined by the order in which Agents have requested the Agent Highlight Listing.
13.4 Agent Spotlight Listings and Agent Highlight Listings are available for a minimum term of 1 month.
13.5 Agent Spotlight Listings and Agent Highlight Listings will automatically renew for successive 1 month periods at the end of the period for which they are initially selected but, after the expiration of that initial period, may be terminated by either the Agent or RENT giving the other party a minimum of 30 days' prior written notice.
14.1 An Agent may upgrade any Property Listing from a Basic Listing or Enhanced Listing to a Feature Listing using a Feature Listing Upgrade.
14.2 An Agent may purchase one or more Feature Listing Upgrades as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
14.3 If the Agent has a Basic Plan or Feature 3 Plan, Feature Listings will automatically revert to Basic Listings after the expiration of 30 days. If the property the subject of a Feature Listing is removed from the Site during that 30 day period the Feature Listing Upgrade will expire.
14.4 If the Agent has a Smart Plan or Feature 6 Plan, Feature Listings will automatically revert to Enhanced Listings after the expiration of 30 days. If the property the subject of a Feature Listing is removed from the Site in that 30 day period the Feature Listing Upgrade will expire.
14.5 If the Agent holds a Basic Plan or Feature 3 Plan, the Agent may purchase one or more Enhanced Listing Upgrades as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
14.6 Enhanced Listing Upgrades will expire at the earlier of the expiration of 30 days or the removal of the property the subject of the Enhanced Listing from the Site, at which point the property will revert to a Basic Listing.
14.7 Unused Enhanced Listing Upgrades will expire at the earliest of 12 months after they are issued or termination of this Agreement pursuant to clause 5.
15.1 Subject to clause 6.5, the Agent may purchase the Enhance All Listings Service as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
15.2 The Enhance All Listings Service cannot be transferred to another Office once selected.
15.3 The Enhance All Listings Service can be terminated at any time by the Agent or RENT providing a minimum of 30 days' written notice to the other party.
16 Exclusive Top Listing Service
16.1 Subject to clause 6.5, the Agent may purchase the Exclusive Top Listing Service as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
16.2 Only one Exclusive Top Listings Service is available per suburb. Priority is determined by the order in which Agents have requested the Exclusive Top Listing Service.
16.3 Exclusive Top Listings cannot be transferred to another suburb or Office once selected.
16.4 The Exclusive Top Listing Service is available for a minimum term of 1 month.
16.5 Exclusive Top Listings will automatically renew for successive 1 month periods at the end of the period for which they are initially selected but, after the expiration of that initial period, may be terminated by either the Agent or RENT giving the other party a minimum of 30 days' prior written notice.
17.1 Subject to clause 6.5 and 17.2, the Agent may purchase RentQuote Credits as an Add-On Service by completing the Application Form nominated by RENT from time-to-time and agreeing to pay the relevant Price.
17.2 In order to participate in RentQuotes, the Agent must have an Agent Listing.
17.3 When a prospective landlord makes an enquiry through RentQuotes on the Site in respect of a property located in one of the suburbs associated with the Agent's Agent Listing, the Agent will be sent a RentQuote Lead setting out the details of that prospective landlord's enquiry.
17.4 The Agent will be deducted one RentQuote Credit for each RentQuote Lead sent to the Agent.
17.5 RentQuote Credits may only be purchased in sets of a minimum 10 RentQuote Credits at a time.
17.6 Once the Agent who has agreed to participate in RentQuotes has used all RentQuote Credits, the Agent will automatically be supplied with, and charged for, another 10 RentQuote Credits.
17.7 The Agent may cancel RentQuotes at any time through the Site.
18.1 The Agent may purchase the RentCheck Service as an Add-On Service by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
19.1 Agents who hold a Basic Plan or a Feature 3 Plan may purchase RentReports as an Add-On Service by completing the Application Form stipulated by RENT from time-to-time and agreeing to pay the relevant Price.
19.2 Agents who hold the Smart Plan or Feature 6 Plan receive unlimited RentReports as part of their Plan.
20.1 The Agent must not place any Content on the Site, including in relation to Property Listings or Agent Listings, that relates to the sale of properties.
21.1 The Agent must be validly appointed pursuant to Management Authorities to manage all properties in respect of which the Agent places a Property Listing on the Site.
21.2 Unless instructed otherwise by the property owner, the Agent must create Property Listings on the Site for all properties in respect of which the Agent has a signed authority to lease or manage the property.
22.1 All Content entered on the Site by the Agent must be accurate and kept up-to-date, including all links. The Agent must notify RENT immediately at Rent's Email Address if Content supplied by the Agent and uploaded to the Site becomes out of date.
22.2 The Agent must ensure that all properties are listed in the correct suburb; i.e. the listing suburb must be as per the “Statements” section of the Certificate of Title labelled “PROPERTY STREET ADDRESS”, or, if no suburb is stated on the Certificate of Title then the local authority address for the property, unless it can be proven to RENT's satisfaction to be incorrect.
22.3 The Agent must not enter or cause to be entered any html tags or coding onto or into any descriptions of any properties on the Site.
22.4 The Agent must not engage in Scraping, reproduction of content, Database Mining or Deep Linking or in any way using rent.com.au format, information or material on any other site.
22.5 The Agent must not engage in spamming, personal abuse or illegal behaviour.
22.6 The Agent must not knowingly transmit viruses, malware or similar malicious code or scripts.
22.7 The Agent must not assist or allow other agents or private sellers to advertise properties on the Site using the Services.
22.8 The Agent must not cause or allow duplicate Property Listings to appear on the Site.
22.9 The Agent must not permit any Property Listing, Agent Listing, Business Profile Page or other posting on the Site to contain any material deemed by RENT in its absolute discretion to be offensive, likely to offend or be in contravention of any Applicable Law.
22.10 The Agent acknowledges that:
22.11 RENT does not monitor or exercise editorial control over Content placed on the Site by Users, including the Agent, but reserves the right to:
22.12 RENT may suspend the Services without notice to the Agent in the following circumstances:
23.1 The Agent must not knowingly engage in misleading or deceptive conduct; any conduct that is misleading or deceptive or is likely to be misleading or deceptive including, but not limited to, the following conduct:
24.1 By uploading or otherwise providing any Content to the Site, the Agent grants a perpetual, irrevocable, royalty–free, non-exclusive licence throughout the world to RENT to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute, perform and display, whether in whole or in part, all Content uploaded by the Agent to the SITE.
24.2 The Agent warrants that, in relation to all Content uploaded or otherwise provided to the website by that Agent:
25.1 The Agent will pay RENT the Price for the Services selected by the Agent.
25.2 The Price will be payable on RENT's acceptance of this Agreement and is payable monthly.
25.3 The first payment will be payable in arrears or in advance, depending on RENT's regular billings cycle. The Price payable in subsequent months will be payable according to the invoices sent by RENT to the Agent. For the avoidance of doubt, unless the relevant invoice states otherwise, all invoices must be paid by the Agent within 7 days after the date of the invoice.
25.4 Any payment disputes made by an Agent must be made in writing to RENT within 14 days from the date upon which the cause of the dispute first arises.
25.5 Any Credit Terms applicable to the Agent will apply to all payments made by the Agent.
26.1 RENT reserves the right to add or withdraw any of its Services, and modify or otherwise alter the Services without notice.
26.2 RENT reserves the right to change or alter:
26.3 RENT will use its best efforts to provide 3 months' notice in advance of the effective date of the changes set out in clauses 26.1 and 26.2.
26.4 If any changes made by RENT pursuant to clauses 26.1 and 26.2 amount to a substantive alteration to the Services selected by the Agent, the Agent may terminate the Agreement on 30 days' notice to RENT, PROVIDED THAT such notice is given within 30 days of RENT providing notice of those changes as stipulated in sub-clauses (i) and (ii). Otherwise, continued use by the Agent of the Services is taken as acceptance of any changes made pursuant to clauses 26.1 and 26.2.
27.1 The RENT Content is owned and/or controlled by RENT, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The RENT Content is protected by Australian and international copyright and trademark laws. The Agent must not commit or permit any act or omission by it or its consultants, agents, employees or any third party which will impair the copyright or other proprietary rights to the RENT Content, including but not limited to copying, reproducing, republishing, reframing, uploading to a third party, posting, transmitting or distributing the RENT Content in any way except as expressly provided for on the Site.
27.2 Without limiting the generality of the subclause 27.1, no RENT Content will be copied or transferred to another file, where access to the Services permits the Agent to print data in machine readable form (using commands designated for this purpose) and the Agent agrees:
28.1 The Services and the RENT Content is made available on the understanding that RENT is not rendering professional advice. While RENT has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, RENT does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. RENT accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the Service.
28.2 End Users and Agents must exercise their own skill and care with respect to the use of any information provided by RENT, and before relying on the information, that End Users and Agents must carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Services may be subject to Privacy Legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. RENT takes no responsibility for any breaches of Privacy Legislation by any person in relation to the Services.
29 Limitation upon RENT's obligations and Representations
29.1 All terms, conditions, representations, warranties, guarantees and indemnities by RENT (Representations), not expressly contained in this Agreement, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of it, RENT makes no Representations as to the completeness or accuracy of the data comprised in the Services or as to its fitness for use for any purpose.
30.1 The Agent warrants, as a continuing warranty through the duration of this Agreement that:
31.1 RENT will not be liable to the Agent for any loss of profit, or earnings, or any damages suffered (including to goodwill) by any person arising directly or indirectly out of the provision of the Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence or wilful act or omission of RENT, its consultants, contractors, agents or employees or from any other cause.
31.2 Under no circumstances will RENT or any related corporation or their respective officers, consultants, contractors, agents or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site, the Services or any RENT Content.
31.3 RENT's liability of any nature or kind including, without limitation, negligence with respect to the subject matter of this Agreement, or for non-compliance with or breach of any Representations which cannot be excluded by Agreement, is limited to, at RENT's option, providing the Agent with Services to replace the Services in respect to which the breach or non-compliance arose, or refunding the Price paid for those Services.
32.1 The Agent indemnifies and holds RENT and officers, consultants, contractors, agents and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Agent's use of or access to the Services and Site and the Agents input of material into the Site. The obligations imposed by this clause benefit RENT and its officers, consultants, contractors, agents and employees jointly and severally.
33.1 If there is a breach of any of the Terms and Conditions of this Agreement by the Agent and RENT has given 7 days' notice of breach then:
34.1 RENT may transfer all or any part of its rights, interests, obligations or liabilities under this Agreement by assignment or by novation to any related third party (including any related body corporate of RENT) without prior notice to the Agent. If RENT elects to do so, the Agent must upon request by RENT execute any deed, agreement or notice of assignment acknowledging and agreeing to such assignment by RENT, or an agreement or deed of novation (in a form prepared by RENT), substituting a third party in RENT's place under this Agreement.
34.2 The Agent may only transfer its rights, interests, obligations or liabilities under this Agreement to another party with the prior written consent of RENT, which consent will not be unreasonably withheld.
35.1 Subject to clause 3, this Agreement, including notices of other Conditions provided to the Agent in any printed form or otherwise published by RENT, including revisions of them constitute the entire agreement between the parties on this subject matter.
36.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.
37.1 The Agent agrees to do whatever is reasonably requested by RENT to maintain security for the Services and to ensure that the Services are not used by people who are not permitted to use it under this Agreement.
38.1 This Agreement and all matters arising from the relationship of RENT and the Agent will be interpreted and governed in accordance with the laws of the State of Western Australia. The Agent submits to the exclusive jurisdiction of the Courts of Western Australia.