Terms and Conditions of Use

Terms and Conditions of Use

This website http://flatmates.com.au (Website) (including all subsidiaries), is owned, operated and maintained by Flatmates.com.au Pty Ltd (Flatmates.com.au). Flatmates.com.au provides an online community that enables:

  1. People with accommodation looking for a tenant or co-tenant to
:

    a. Create a Listing for their rental properties by uploading Content; and


    b. Search Listings for people who are seeking to rent accommodation as a tenant or co-tenant; and

  2. People seeking to rent accommodation to:


    a. create a Listing for themselves by uploading Content; and

    b. search for rental properties and to get in contact with people who have accommodation to rent; (the Services).

By accessing, registering on and/or using the Website, or using the Services, you agree to be bound by these Terms and Conditions of Use.

Flatmates.com.au may, in its sole discretion, modify, vary, amend or revise these Terms and Conditions of Use (including, without limitation, any Services provided under these Terms and Conditions of Use) at any time, and you agree to be bound by those varied Terms and Conditions of Use. While Flatmates.com.au will endeavour to notify you of any major changes to these Terms and Conditions of Use from time to time, you agree that you will periodically review the most up-to-date version of these Terms and Conditions of Use.

In these Terms and Conditions of Use:

  • “Content” means graphics, photos, text, videos and location data relating to either available accommodation or a user who is seeking accommodation;
  • “Intellectual Property Rights” means copyright, patents, trade marks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation;
  • “Listing” means an online advertisement or promotion either: (a) promoting or offering rental properties or other accommodation for rent; or (b) seeking available accommodation to rent; and “Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).
  • “Upgraded Services” include one of the following plans: Basic, Full, Pro-30 or Pro-12 month.

1. LISTINGS

1.1 Users uploading Listings

a. If you upload Content and/or create a Listing:

i. you must ensure that such Content and Listings are true, correct and not duplicated;
ii. you must ensure that such Content and Listings are up-to-date at the time they are uploaded and are kept up-to-date for the duration of the time they are available on the Website;
iii. you must remove any Content and Listings as soon as reasonably practicable after either:

A. the accommodation the subject of the Listing has been withdrawn from rent or after you have filled the vacancy for that accommodation, whichever is earlier; or

B. the person identified in the Listing that is seeking accommodation has found accommodation and no longer needs to seek accommodation or no longer needs accommodation for whatever reason, whichever is earlier;
iv. you are solely responsible for making your own assessment of any user who contacts you in relation to any Listing and their suitability for the vacancy the subject of the Listing or the suitability of the accommodation (as applicable). Flatmates.com.au will not provide any information about any such users or assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users; and
v. you must ensure that any proposed rental agreement between you and another person for accommodation abides by any Local, State, or Commonwealth laws relating to the provision or use of rental accommodation, including residential tenancy law, strata by-laws, and local government planning laws.

b. If you use the Services in a way that breaches these Terms and Conditions of Use or we deem any Content or Listing on the Website to be unacceptable, Flatmates may take action remedy this, including but not limited to, amending or deleting the Content or Listing, adjusting access to your Account, terminating your Account or any other action that we determine appropriate in our sole and absolute discretion.

c. If Flatmates.com.au determines that any Content or Listing has been inactive for 7 days or longer, it may remove that Content or Listing in its sole and absolute discretion.

d.Discretion is granted to Flatmates.com.au to delete, deactivate or edit any Content or Listings that are duplicated, breach our Terms and Conditions or are found to be inappropriate.

e.Flatmates.com.au does not make any representation or provide any warranty in respect of any user of the Website including, without limitation, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of a user as a tenant or prospective tenant of any accommodation the subject of a Listing.

1.2 Users of the Website

a. If you use the Website to browse or search Listings seeking accommodation or a prospective tenant to fill vacant accommodation:

i. you are solely responsible for making your own assessment of the accommodation or user in any Listing or any user who has uploaded the Listing and their suitability for your needs. Flatmates.com.au will not provide any information about any users who have uploaded a Listing and will not assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users;
ii.you should inspect the accommodation that is the subject of any Listing and meet with any prospective tenants or co-tenants who are the subject of any Listing (as applicable) and/or the prospective landlord before making a decision whether or not to apply to rent or sub-rent any such accommodation; and
iii. you must ensure that any proposed rental agreement between you and another person for accommodation abides by any Local, State, or Commonwealth laws relating to the provision or use of rental accommodation, including residential tenancy law, strata by-laws, and local government planning laws.

b. Flatmates.com.au does not make any representation or provide any warranty in respect of the Content of any Listing, of any user of the Website or any accommodation or users the subject of a Listing including, without limitation, any representation or warranty in respect of the suitability or behavioural characteristics of a user as a landlord, co-tenant or prospective landlord or co-tenant of any accommodation the subject of a Listing or the condition of any such accommodation.

c.Flatmates.com.au does not inspect any accommodation that is the subject of a Listing.

d. Flatmates.com.au does not vet, question, or check any person who creates an Account on the Website. Flatmates.com.au does not conduct any identity or personal checks on any person who creates an Account on the Website.

e. Flatmates.com.au does not vet, question, or check any person who is the subject of a Listing. Flatmates.com.au does not conduct any identity or personal checks on any person who is the subject of a Listing.

f.Flatmates.com.au does not vet, question, or check any person who creates a Listing offering accommodation, or any person who uploads Content for offering accommodation. Flatmates.com.au does not conduct any identity or personal checks on any person who creates a Listing offering accommodation, or any person who uploads Content for offering accommodation.

g. Flatmates.com.au does not check, either by itself or through an independent third party, the truth, accuracy or completeness of any Content or the accuracy of any location details available in respect of a Listing including, without limitation, location details provided by use of Google’s Google Maps service. Your use of Google Maps is subject to the Google Maps Terms of Service and Google Privacy Policy.

2. ACCOUNTS

2.1 Registration

a. To publish Content, you must register with Flatmates.com.au by providing certain information to Flatmates.com.au including your name, email address and your mobile telephone number (Account).

b. After creating an Account but before publishing Content, you must enter an activation code sent by Flatmates.com.au to your mobile telephone number.

c. You represent and warrant that you are the account holder for the mobile telephone number provided to Flatmates.com.au when registering your Account.

d. You must:

i. be 18 years or older or over the age of majority in the jurisdiction from which you access the Website; or
ii. if you are under 18 years or under the age of majority in the jurisdiction from which you access the Website, have the permission or consent of one of your parents or legal guardians, to register an Account and/or upload Content to the Website and you represent and warrant at the time of registering your Account that you are 18 years or older, over the age of majority in that jurisdiction or otherwise have the permission or consent of one of your parents or legal guardians.

e. You represent and warrant that the information you provide to Flatmates.com.au to open an Account is true and correct. If, at any time during the term of your Account, any of that information ceases to be true and correct, you undertake to notify Flatmates.com.au of the change to that information as soon as is reasonably practicable.

f. Any personal information you provide to Flatmates.com.au will be treated in accordance Flatmates.com.au’s Privacy Policy available here: info.flatmates.com.au/privacy.

g. You may not use another user’s Account, or allow anyone else to use your Account, without Flatmates.com.au’s express prior written permission.

h. You are solely responsible for any activity which occurs on your Account.

i. You must keep your Account details, including your password, Facebook login details and other other verification details, secure at all time and must immediately notify Flatmates.com.au of any breach, or any suspected breach, of the security of or unauthorised access to your Account.

2.2 Termination

Flatmates.com.au may, in its absolute discretion, suspend or terminate your Account if:

a. you breach or violate any term or condition of these Terms and Conditions of Use; or

b. in Flatmates.com.au’s sole opinion, your ongoing use of the Service will bring, or may bring, the reputation of Flatmates.com.au into disrepute or cause Flatmates to be in breach of an applicable law.

3. WEBSITE AND SERVICES

3.1 Use of Website and Services

You must not, and must not attempt to:

a. use the Website for any purpose other than for the purpose of offering to rent accommodation or seeking to rent accommodation;

b. use the Website or the Services in any way that causes, or is likely to cause the Website or access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Website;

c.authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights or us, our licensors or third parties;

d. reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Website;

e.capture or copy any software on the Website for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);

f. hack, infiltrate or otherwise do anything which may compromise the Website;

g. cause Flatmates.com.au to lose (in whole or in part) the services of Flatmates.com.au’s internet service providers (ISPs) or other suppliers;

h. introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;

i. prevent or restrict us from complying with any applicable law, industry code or court order;

j. use the Website or any of the Services for any improper or unlawful purpose, causing a nuisance or causing the operation of any of the Services to be jeopardised or impaired;

k. use the Website or any of the Services to provide, to aid, abet, procure, counsel or assist another person to provide, or to encourage, solicit or entice the provision of, any services of a sexual nature for monetary or non-monetary consideration;

l. use the Website or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed, sex or gender, or sexual preference;

m. use the Website or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;

n. use the Website or any of the Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;

o.use the Website or any of the Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trade mark, patent, trade secret or other intellectual property rights) of any other party;

p. use the Website or any of the Services to create, host or transmit unsolicited advertising material to other users;

q. use the Website or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;

r. use the Website or any of the Services for any activity which adversely affects the ability of other people or systems to use the Website or any of the Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or

s. at any time while you are using the Website or any of the Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.

3.2 Access to Website and Services

Flatmates.com.au will attempt to make the Website and Services available for use 24 hours a day, 7 days a week. However, it will be necessary for Flatmates.com.au to take-down the Website and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond Flatmates.com.au’s control exist, such as problems preventing access to internet or webhosting services. In such circumstances Flatmates.com.au will incur no liability to you for such interruption or cessation of Services no matter how such liability would otherwise arise.

3.3 No advice

From time to time, Flatmates.com.au will make available on the Website articles and other material setting out information relevant to seeking accommodation or renting accommodation, such as articles relating to tenants’ rights as tenants (Informative Content). Any Informative Content on the Website is of a general nature only and does not consider your personal objectives, financial situation or particular needs. You should not regard Informative Content as advice and you should seek professional legal, property, accounting or other advice for your specific circumstances. You should not rely on any Informative Content as the basis for taking any legal action, negotiating or entering any agreement, or incurring any financial liabilities.

3.4 Upgrade Services

a. In addition to the Free Services, Flatmates.com.au provides Upgraded Services which allow users to contact other users who have Listings within the “early-bird period” (the first 14 days from activation). Users of the Upgraded Service (provided they are mobile verified) can also access mobile numbers where available.

b. Flatmates.com.au provides the following packages for Free and Upgraded Services:

i. a free service, which permits a user to list a maximum of 1 active property listing at any one time;
ii. a Basic Upgraded Service, which provides access to the Upgraded Services for 10 days from and including the date of registration for the Upgraded Service and permits a user to list 1-2 active property listings for a period of 10 days;
iii. a Full Upgraded Service, which provides access to the Upgraded Services for 30 days from and including the date of registration for the Upgraded Service and permits a user to list 1-2 active property listings for a period of 30 days;
iv. a Pro-30 day Upgraded Service, which provides access to the Upgraded Services for 30 days from and including the date of registration for the Upgraded Service and permits users to list 3 or more active property listings and
v. a Pro-12 month Upgraded Service, which provides access to the Upgraded Services for 12 months from and including the date of registration for the Upgraded Service and permits users to list 3 or more active property listings

c. If you upgrade to a Full Upgraded Service and you do not find suitable accommodation from a Listing or a suitable tenant from a Listing for available accommodation, provide that your account is active you will automatically receive a further 30 days of use of the Upgraded Service provided that you:

i. have at least one live Listing for the duration of the term of the Full Upgraded Service.
If your account is inactive, you must apply to Flatmates for the guarantee within 7 days of your account expiring at support@flatmates.com.au.

d. All payments for access to Upgraded Services are processed by Stripe or Braintree (a PayPal company). Flatmates.com.au does not store credit card details.

e. Once a payment for access to Upgraded Services is complete, you will get immediate access to the Upgraded Services and Flatmates.com.au will not refund any such payment under any circumstances including, without limitation, if Flatmates.com.au terminates your Access to the Website or the Services for breaching these Terms and Conditions of Use. However, a user may be eligible for a discount on any future Upgrade Service in accordance with clause 3.4(h).

f. Flatmates.com.au does not guarantee that you will find accommodation to live in if you are searching for accommodation, or find a tenant or co-tenant if you are offering accommodation, by virtue of access to an Upgraded Service.

g. Flatmates will notify a user 48 hours before an Upgrade Service is due to expire. If the user does not purchase a new Upgrade Service by the expiry date, the user will only be able to list the most recently activated Listing on Flatmates.

h. If a user upgrades to another plan during their original service, Flatmates will apply a “pay the difference” feature. For example if a user moves from a Basic Upgraded Service to a Pro-30 day Upgraded Service the remaining value of the Basic Upgraded Service will be applied as a discount to the new Pro-30 day Upgraded Service.

i. Flatmates.com.au may allow users to pause or suspend their Upgraded Services in its absolute discretion.

Clause 3.5 – Boost Services

a. In addition to the free and Upgraded Services, Flatmates.com.au offers Boost Services which rank a user’s boosted property listing in one of the top eight spots of its suburb room search results for seven days from and including the date of registration for the boost for a fee (Boost Services).

b. Only members listing a property with an Upgraded Service are eligible to purchase Boost