App Terms of Use

Tenapp is a platform, operated by Real Estate Data Services Pty Ltd (trading as Tenapp), which facilitates the exchange of information between potential tenants and real estate agents, lessors and third party service providers of various home services in Australia.

I, the Applicant, acknowledge that I have read the Privacy Statement and the Privacy Policy. Further I authorise the Real Estate Agency and the Agent to collect information about me from:

1. My previous letting agents, landlords, current and previous employers.

2. My personal referees.

3. The Agency or Agent may use one or more of the following residential tenancy databases (RTDs) to check my tenancy history for the purpose of deciding whether the landlord should enter into a tenancy agreement with me: a. The landlord may use: NTD 1300 563 826 ntd.net.au TICA 1902 220 346 tica.com.au RPDATA 1300 734 318 rpdata.com BARCLAY MIS 1300 883 916 barclaysmis.com.au TRA 02 9363 9244 tradingreference.com b. You may contact an RTD about personal information held about you by using the contact details provided above.

4. Personal information collected about me to the owner of the property even if the owner is a resident outside Australia.

5. Personal information collected about me to any third parties – valuers, contractors, sales people, insurance companies, bodies corporate, other agents and tenancy default databases to which it is reasonably necessary to disclose in relation to the tenancy arrangement.

As your information may be emailed or stored in the cloud, we cannot ensure that overseas recipients to whom your information is disclosed will not breach the Australian Privacy Principles in relation to your information. Acknowledging that this is so, you consent to your information being emailed and stored in the cloud.

You can contact us via the contact us form on our website located at Tenapp.com.au.

By using Tenapp you also agree to the following:

 

1.1

Subject to and in accordance with these terms, Real Estate Data Services Pty Ltd (we, our or us) grant you a royalty free, revocable and non-transferrable licence to install and use one copy of Tenapp on your personal mobile device in machine executable object code.

2.1

By creating a profile on Tenapp you agree:

2.2

Any personal information submitted by you will be collected, held and used as contemplated by these terms, the privacy collection statement and our Privacy Policy.

3.1

You ackknowledge and understand that:

We may, from time to time, without notice, modify, change or update Tenapp. In the event of any such modification, change or update, we do not represent that any feature or functionality of the App will remain.

All intellectual property rights, including copyright, in Tenapp and any content on Tenapp, is owned by or licensed to us. You must not copy, modify or transmit any part of Tenapp or the Tenapp content.

We may, at any time, deny all or part of your access to Tenapp where you fail to comply with these terms or otherwise suspend your access to Tenapp for any reason (including due to your breach or alleged breach of these terms) in our sole discretion and without prior notice to you.

You will fully indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law(including negligence) or under statute, in connection with any of the following:

9.1

If a dispute arises out of or relates to these terms or your use of Tenapp you must provide us with written notice of the dispute specifying the nature of the dispute (Dispute Notice).

9.2

During the period of 21 days after delivery of the Dispute Notice, or any longer period agreed to in writing between us, we must undertake genuine negotiations with a view to resolving the dispute.

9.3

You may not commence legal proceedings in relation to the dispute unless you have complied with the obligations under this clause 10.

These terms are governed by the laws of the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of these terms.

Each clause of these terms in severable from the others and no severance of a clause will affect any other clause.

  1. Licence

  2. User Profile

    1. that you are over 18 years of age;

    2. that the information you provide in your profile is true and correct at the time you provide that information;

    3. that you will not share, disclose or permit disclosure of the password to your profile or permit anyone else to use your profile;

    4. that you will obtain consent from your emergency contact(s), professional advisors, employer, referees and prospective co-tenants before providing their name and contact details to us through Tenapp and advise them as to where they can find a copy of our Privacy Policy

    5. that you may receive emails from us about your profile and/or emails containing marketing material from time to time;

    6. that you may opt-out of receiving marketing material from us at any time; and

    7. that if you opt-in to receive information from third party service providers, you may be added to external mailing lists which are not controlled by Tenapp.

  3. Your relationship with third parties

    1. We are not a party to any lease that you might enter with a lessor through a real estate agent;

    2. We are in no way responsible for the outcome of any application you make to lease a property;

    3. We make no warranties about the availability of rental properties and we are not responsible for the conduct of real estate agents or lessors including any representations or warranties that they might make about rental properties;

    4. We are not responsible for the compliance of real estate agents, lessors or third party service providers with the Privacy Act 1988 (Cth) or other laws; and

    5. We are not a party to any agreement you might enter with a third party service provider and are not responsible for the conduct of any third party service provider, including any representations or marketing claims that might be made by such third party service about their products or services.

  4. Modification of the App

  5. Intellectual Property Rights

  6. Limitation of Liability and Exclusion of warranties

    1. Subject to the consumer guarantees provided for in the Australian Consumer Law:

      1. we do not warrant that you will have continuous, uninterrupted or error free access to and use of Tenapp;

      2. we will not be liable if Tenapp is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise;

    2. We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers and electronic communications are vulnerable to interception by third parties.

    3. We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across Tenapp and do not accept responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

    4. Subject to clause 6(e), any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

    5. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

    6. We will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the losses or damage is caused by or relates to breach of contract, tort - including negligence, statute or otherwise) arising in connection with your use of Tenapp, the content on Tenapp, all links to or from Tenapp.

  7. Suspending or Terminating Access to Tenapp

  8. Indemnity

    1. any breach of these terms by you;

    2. your use of Tenapp; and/or

    3. any third party use of Tenapp through your profile.

  9. Dispute Resolution

  10. Juristiction and governing law

  11. Severability
    Each clause of these terms in severable from the others and no severance of a clause will affect any other clause.