Customer Terms and Conditions

Definitions

“Agreement” has the meaning given to it in clause 2.1.

“AMS” means the 1form.com Agent Management System.

“Approved Purpose” means assessing rental applications, populating leases, conducting tenancy checks, generating rental tenancy agreements and any other purpose expressly permissible within the Service.

“Tenant Verification Report” means the report we offer to tenants using 1form to verify their identity, rental records, and legal records via a third-party information services provider, based on the tenant’s driver’s licence or passport information.

“personal information” has the meaning given to it in the Privacy Act 1988 (Cth).

“Platform” means 1form.com and any of the websites, including any subdomains of those websites, mobile sites, and apps operated in connection with 1form.com.

“Reports” means any report generated using our Listing Presentation Tool product.

“Service” means the service or services provided through the AMS.

“We/ our/ us” means realestate.com.au Pty Ltd ABN 21 080 195 535.

“You/ your” means you, the Customer.

General

  1. These Customer Terms and Conditions regulate your use of the Platform, the AMS and the Service. By using the Platform, the AMS and/or the Service, you agree that you have accepted these Customer Terms and Conditions, the 1form Privacy Policy and the 1form Website Terms of Use. (Agreement).
  2. This Agreement comprises the entire agreement between us about its subject matter. The Agreement supersedes all prior understandings, agreements or representation and you may not rely on any representations or warranties about the subject matter of the Agreement except as expressly provided in this Agreement.
  3. To the extent that the Website Terms of Use are inconsistent with these Customer Terms and Conditions, these Customer Terms and Conditions will prevail.

Your warranties and representations

You represent and warrant that:

  1. you hold any required licensing or accreditation required to receive, assess and respond to an applicant’s property rental application; and
  2. you will comply with your obligations set out in the ‘Your Obligations’ section below.

Your acknowledgements

You acknowledge that at all times during the term of the Agreement:

  1. you have read, agree to be bound by, and will comply with this Agreement, our Privacy Policy and our Website Terms of Use;
  2. we may change this Agreement in a non-material manner at any time by giving you 30 days’ prior written notice;
  3. where we publish on the Platform a version of this Agreement amended in accordance with paragraph 2 above your continued use of the Platform constitutes written notice of the relevant changes;
  4. where we use or link to the services of third parties through the AMS, you agree that to the extent permitted by law, we are not liable for any loss, damage, costs or other expenses incurred by you or any other person in relation to the services of the third party, including as a result of any failure of the third party to perform its function;
  5. if we refer to a third party website, or display content or other material created by a third party, we are not endorsing or recommending the website, content or any goods or services referred to in those third party materials;
  6. subject to us complying with our contractual and legal obligations, all 1form features and products are subject to change, development and discontinuation (we will endeavour to notify you when this happens);
  7. we cannot guarantee the continuous or fault-free operation of the Platform or AMS and, without limitation, systems or technological failure or delay may impede or prevent access to the Platform and other services;
  8. we offer a number of different products and the availability of these products and any special terms applying to them is at our discretion;
  9. applicant information provided by users submitting rental applications through 1form’s online rental application form includes personal information within the meaning of the Privacy Act 1988;
  10. Listing Presentation Reports and Tenant Verification Reports (reports) are of a general nature only and should not be regarded as advice or relied upon by you or any other person. Where applicable, you agree to notify any person to whom you allow access to reports of this;
  11. in providing reports, we do not act as an agent for you or any real estate professional involved in preparation of the reports;
  12. we do not warrant the accuracy, completeness of the reports and to the fullest extent permitted by law, we exclude liability in contract, tort or otherwise for any loss or damage sustained by you or any other person arising from or in connection with the supply or use of the whole or any part of a Report;
  13. you must not commercialise Reports or otherwise use, reference or quote Reports for promotional purposes; and
  14. we may (and you authorise us to) contact you from time to time in relation to products and services offered by us or our business partners and you authorise us to contact you via email, text message, phone and other electronic media unless you explicitly request us not to contact you via these media;
  15. in providing the Tenant Verification Reports, we rely on the information provided to us by third parties, which we do not independently validate. We do not warrant the accuracy, completeness or suitability of the reports and you should evaluate the usefulness of the report for yourself;
  16. you understand that you are responsible for assessing the value of the report and the commercial decisions that you make whether they are in reliance on the content of the report or otherwise;
  17. you understand that you are responsible for assessing whether you seek additional supporting information from an individual you as part of a tenancy application, including seeking further evidence of an individual’s identity or tenancy history.

Your obligations

Your obligations to us are as follows:

  1. you must only collect, use, disclose and store personal information obtained through AMS or the Platform generally for the sole purpose of providing services requested in the applicant’s property rental application or as otherwise expressly allowed by our Platform or the applicant or as necessary to assess and respond to the applicant’s property rental application;
  2. where you provide us with personal information of an individual other than you, you must obtain consent from that individual for their personal information to be used and disclosed by us in accordance with our Privacy Policy and by providing the personal information you warrant that you have obtained such consent;
  3. you must only use the Service and AMS for the Approved Purpose;
  4. a Tenant Verification Report is only valid for the period specified on the report and you must only use it for the Approved Purpose and during the validity period;
  5. you must pay the cost of all telecommunications and internet access charges incurred when using the Platform, whether or not such access has been arranged by us;
  6. if you choose to integrate or change a preferred leads service provider in your 1form application platform you must notify us as soon as possible after creating your AMS account;
  7. you will comply with all applicable laws, including without limitation the Competition and Consumer Act 2010, the Spam Act 2003, local fair trading laws and any other applicable standards and regulation including the Privacy Act 1988 and the regulations and Australian Privacy Principles made thereunder (as amended from time to time);
  8. to the extent permitted by law, we will not be liable for the AMS or the Service being unavailable, incorrect, not functioning correctly, sending information incorrectly or failing;
  9. you will ensure that all usernames and passwords used by you and all of your employees, officers or agents for accessing AMS are kept secure at all times and are only disclosed to persons authorised by you to access the AMS or incur charges on your behalf; and
  10. you are responsible for all use by any person (whether authorised by you or not) of the AMS using a username and/or password connected with your account and, without limitation, you are liable to us for any loss or damage caused to us as a result of such use, including paying to us on demand any charges incurred as a result of that use.

Limitation of liability and indemnity

  1. Consumers are protected by the consumer guarantees contained in the Competition and Consumer Act 2010 (Cth)) which cannot be excluded by law. To the extent permitted by law, connection with your use of the AMS and/or the Platform, we:
    1. exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
    2. limit our liability for breach of any condition or warranty that we cannot exclude to (at our option) resupplying the Service or paying the cost of having the Service resupplied; and
    3. limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based on contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you caused or contributed to the loss or damage the subject of the claim.
  2. Each party must take all reasonable steps to minimise any loss the other party suffers or may suffer in connection with a claim that one party has or may have against the other party under this Agreement.
  3. To the extent permitted by law, we will not be liable to you under this Agreement to the extent that the liability is caused by:
    1. any breach of your obligations under this Agreement or a negligent act or omission by you or your employees, officers or agents; or
    2. any delay in performance, or breach, by us of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, cyber attack, fraud, other defects or failure of the server hosting on our Platform.
  4. You indemnify us against any direct or consequential losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by us in connection with your breach of this Agreement.

Termination

  1. You may terminate this agreement immediately for any reason by deleting your 1form Customer Account.
  2. We may suspend or terminate this Agreement at any time by giving you no less than 30 days’ written notice of termination.
  3. Notwithstanding clause 7.2 and without limiting our other rights, we may immediately terminate this Agreement or suspend or temporarily remove your access to the AMS if:
    1. we reasonably consider you are in breach of any of your warranties or representations in clause 3, your acknowledgements in clause 4 or your obligations under clause 5;
    2. you breach any other part of this Agreement and fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied; or
    3. we reasonably believe that any statement you make, or any content or material you supply, to us (including material uploaded by you to our Platform) is false or misleading.

Assignment

  1. You must not assign this Agreement without our prior written consent (which must not be unreasonably withheld).
  2. We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.

Notices

We will send all notices and other communications to you at the contact email address you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email.

General provisions relating to rights and remedies

  1. No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by us will be effective unless it is in writing and signed by us.
  2. If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.

Governing Law

  1. The laws of Victoria, Australia, govern this Agreement.
  2. The parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia.

© REA Group

December 2018