Terms & Conditions - Rate The Rental

Rate The Rental Terms of Use

Introduction. These Terms of Use and the Privacy Policy set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). All policies and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. We may update these Terms at any time.

The Services are currently provided to you by Rate The Rental, operating under Rental Ratings Australia, ABN 14603861735, also referred to below as “Rate The Rental”, “we”, “our” or “us”.

Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”), and other associated contact information. The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

If you believe your Account has been compromised or misused, you should immediately change your password, along with the password of any other associated personal services you use which utilise that same password. You may also contact us at privacy@ratetherental.com.au if you have trouble doing this for our Services specifically. You may also provide information to us relating to any action which has hence violated these Terms of Use which you believe was not your fault, and request we take action to remediate the result of this. This may include but is not limited to; removing any false or misleading rental property review, removing any false or misleading Landlord reply to a rental property review, pausing or terminating a user account, or pausing or terminating a Landlord account. We reserve the right to take this action, or not – whichever we choose as necessary to maintain these Terms of Use.

Using Rate The Rental. To use the Services, you must be over 18 years old. You agree that you will only post reviews on rental properties in Australia which you have resided in under a legal and valid tenancy agreement in that respective state or territory and you agree that you will not do any of the following bad things:

violate any laws;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading;
infringe any third-party right;
distribute or send communications that contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Rate The Rental, the Services or the interests or property of Rate The Rental users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
copy, modify, or distribute any other person’s content without their consent;
use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent
bypass measures used to prevent or restrict access to the Services

A legal and valid tenancy agreement may also be in the form of a month-to-month arrangement between the tenant and the landlord, and for the purposes of enforcing these Terms of Use, will be judged to be valid if either party is requested to, and can supply evidence related to this.

Abusing Rate The Rental Services. Rate The Rental and the Rate The Rental community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the email address: privacy@ratetherental.com.au . You are solely responsible for all information that you give to Rate The Rental and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.

For Landlords. If you are a Landlord and would like to comment on a review of your property, or feel that a review of your property is false or misleading in some way – you have the option to do the following:

Sign up for a free account and claim ownership of your property from the review screen. We ask that you provide evidence proving your ownership, including but not limited to a copy of the property/land title document in your respective state or territory (which is publicly available), along with a copy of your drivers license or other state or federal ID. We do not retain your documents in any way following verification. Please read our Privacy Policy for more information. Once approved you may reply to the review from the review screen after logging in. In doing this your reply will be publicly viewable.
If you feel that the review is blatantly false, misleading or defamatory you may contact us with evidence supporting your claim and we will endeavour, to the best of our ability, to make a judgement on whether the review(s) in question are in fact false, misleading or defamatory. Evidence you provide may be in the form of photographic evidence or other documents proving that content in the alleged offending review is false, misleading or defamatory. We may elect to contact the reviewer in question, after which they will have 10 calendar days to respond. After such review has taken place we may elect to either edit or remove the alleged offending review, or maintain the review in its current state on our Services.

If we elect to maintain the review in its current state, and you cannot provide us with any further evidence proving its falsity, you may elect to pursue other avenues related to defamation as a result of the review or reviews in question. This may or may not include legal advice related your position, or other action resulting in a legal request to us to alter or remove a potentially false, misleading or defamatory review of your rental property. Where such action occurs, we will, to the best of our ability, endeavour to comply with this legal request under applicable Australian Law without exposing the personal information of our users. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Rate The Rental is not under any obligation to monitor any data or content which is submitted to or available on the Services.

Fees and Services. Using the Services is generally free. We may in future charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees, when applicable, will be quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site as well as in these Terms & Conditions. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the fee is paid. If your payment method fails, we reserve the right to cancel your service or subscription for the time period it relates to. In this scenario you would be free to pay for our services via another method. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Rate The Rental to comply with our obligations under applicable Australian law.

Content. Rate The Rental Services contain content from us, you, and other users. We are protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). We reserve the right to remove user content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Limitation of Liability. Nothing in these Terms of Use (including this clause 8) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

Services are provided “as is” and “as available”. You agree not to hold us legally responsible for things other users post or do, including posting potentially misleading, false or defamatory reviews. As most of the content on the Services comes from other users, we do not guarantee the accuracy of rental property reviews or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Rate The Rental’s liability to you for any failure by Rate The Rental to comply with any statutory guarantee under the Australian Consumer Law is limited to Rate The Rental supplying the Services again.

Rate The Rental excludes any liability to you for any loss or damage suffered by you as a result of us failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by us.

Indemnification. You will indemnify and hold harmless Rate The Rental and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release. If you have a dispute with one or more Rate The Rental users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in Australia as further described in our Privacy Policy.

Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, state or territory, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

General. These Terms of Use and the other policies posted on the Services set out the entire agreement between Rate The Rental and you, overriding any prior agreements. This agreement is governed by the laws of New South Wales, Australia. We both submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Your notices to us must be sent by email to: privacy@ratetherental.com.au

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

Send questions, comments or complaints to privacy@ratetherental.com.au