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Terms and Conditions

Rent With Pets – ABN 29 340 884 330

 

Terms and Conditions

Introduction

 

1.         These terms and conditions of use (“Terms & Conditions”), along with the Rents With Pets ABN 29 340 884 330 (“RWP”)  privacy policy (“Privacy Policy”) and other notices on our website (“Notices”) at www.rentwithpets.com.au (the “Website”), form the basis on which you may access and use our Website. By accessing our Website you agree to be bound by these Terms & Conditions of use.

 

2.         RWP reserve the right to change the Terms & Conditions at any time, and your continued use of our Website means you agree to be bound by the latest version. You should therefore check the Terms & Conditions each time you propose to use the Website and only proceed to access and use the information and features on our Website if you accept these Terms & Conditions.

 

3.         Our Website is an open-access online community where users are able to advertise pet friendly accommodation listings and post user profiles.  RWP provides a medium through which information about advertised properties is made available to users so that the users may communicate directly with you.

 

Consideration

4.         In consideration of RWP providing the advertising services on the Website you agree to pay the fees payable under clause 11, and to comply with all other clauses, of these Terms & Conditions.

 

User Warranties

5.         You represent and warrant that:

a.         the information you supply on registration is accurate in all respects;

b.         if any of that information changes you will promptly notify RWP in writing of the changes;

c.         your use of the Website will comply at all times with the Terms & Conditions and any Notices published from time to time on the Website;

d.         you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;

e.         you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to RWP;

f.          you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise RWP to display your contributions to the Website; and

g.         you will not refer in your advertising on the Website to any other business entity that is unrelated to you.

 

Third Party Content Submitted by Users

 

6.         You are solely responsible for all information that you submit to the site and any consequences that may result from your post. You agree to indemnify RWP for any injury or damage arising from any information you submit to the Website which results in a claim or action against RWP or liability of RWP.

 

7.         RWP is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website ("Third Party Content"). For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Website simply by facilitating others to post, transmit or other make material available.  RWP does not have a practice of monitoring, verifying the accuracy, or making inquiries about Third Party Content. Furthermore, RWP does not endorse, adopt or concur with any opinion, advice or statement made by any person on the Website other than those expressly made by RWP. You rely on Third Party Content completely at your own risk.

 

8.         RWP reserves in its absolute discretion the right (but has no obligation) to refuse, modify, reject or delete any material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms & Conditions or otherwise has the potential to harm, endanger or violate the rights of any person.  RWP does not accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, libellous, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

 

Links to Other Websites and Third Party Information

 

9.         RWP has provided on its Website links to other websites and information on those websites for your convenience. This does not imply sponsorship, endorsement, or approval or arrangement between RWP and the owners of those websites. RWP takes no responsibility for any of the content found on the linked websites. Our Website may contain information provided by third parties. RWP accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

 

10.       If you make postings to the site with false information or impersonate another party we reserve the right to pass your details, correspondence and IP address on to any law enforcement agency or any aggrieved third party, or their representatives.

 

Costs and Fees

11.       You agree to pay the fees of RWP, in advance, for any services provided by RWP to you, including via the Website, at the rates and according to

a.         the trading terms as specified on the Website from time to time for the services, or category of services, provided to you;

b.         These Terms & Condtions; and

c.         If applicable, further special terms and conditions (“Special Conditions”) additional to the template Terms & Conditions, at Schedule 1.

12.       You will pay your own costs relating to the performance of this document.

RWP Website Services

 

13.       RWP is committed to providing exceptional customer service and quality services.

 

14.       RWP endeavours to make sure that all services listed on the Website are correct in every way and pricing is true.

 

15.       RWP reserves the right to change the pricing for any chargeable service or feature on the of the Website at any time without providing notice to you.

 

Refund Policy

 

16.       RWP aims to deliver a high quality rental property advertising service. During the purchase process RWP will provide you with all of the information required to make an informed decision.

 

17.       RWP recommends that you check your purchases carefully before finalizing payment as all purchases are bound by our refund policy detailed in these Terms & Conditions.  A preview of your property advertisement is made available to customers prior to finalizing payment. Therefore under most circumstances RWP is unable to provide a refund should you change your mind or make a wrong decision.

 

18.       RWP may provide a refund to you if, in RWP’s reasonable belief your:

a.         Advertisement on the Website is corrupted due to technical reasons due to the act or omission of RWP;

b.         the advertisement on the Website is significantly different from the advertisement as promised in the preview provided by RWP due to the act or omission of RWP;

c.         if RWP are unable to provide the promised services due to technical reasons that are the responsibility of RWP; and/or

d.         The advertisement does not appear on the Website for reasons beyond the control of RWP..

 

19.       To request a refund according to the requirements in these Terms & Conditions you must send a written request for a refund to RWP. For example you may email RWP at email: This email address is being protected from spambots. You need JavaScript enabled to view it. or such other email address in a Notice on the Website from time to time.

            RWP does not offer refunds for part months or unused accounts.  However RWP may offer a credit for future purchases at the absolute discretion of RWP.

 

Termination

 

20.       You may terminate your RWP and/or Website account at any time by logging into “My account” and selecting the “Admin menu” on the Website. Once you are on the Admin page, follow the instructions to close your account. 

 

 

21.       RWP may immediately and without liability terminate the supply of the RWP services to you effective from the date of service of a notice to you (or with effect from such later date as we may specify in such notice) if

a.         you default in the payment of any subscription fee or other fee payable by you by the due date and fail to remedy such default within 7 days of written notice from us;

b.         you default in the performance or observance of any other obligation under these terms and conditions and, in the case of a breach capable of remedy, you fail to correct that breach within 14 days of written notice from us;

c.         we reasonably suspect fraud or misuse of the RWP service on your part; or it is necessary for us to do so to comply with any law or an order, instruction or request of a government body or agency.

 

22.       RWP may cancel your registration with the Website and/or other RWP services if you do not visit the Website for an extended period of time.

 

23.       You may terminate your RWP and/or Website registration at any time by logging into “My account” and selecting the “Admin menu”. Once you are on the Admin page, follow the instructions to close your account. 

 

24.       When your registration with RWP or the Website is cancelled, you may no longer have access to content you have posted to, or which you keep on or via the Website, and we may delete such material at the absolute discretion of RWP.

 

Copyright

 

25.       All materials appearing on the Website are protected by copyright and are either the property of:

a.         RWP exclusively;

b.         jointly the property of RWP and the poster of the information on our Website; or

c.         a licensor to RWP;

 

as the case may be.

 

26.       You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Website except with RWP’s express written consent.

 

27.       RWP encourages direct links to the Website and encourages attribution of RWP as the source of the content where a hyperlink or other reference device points to our Website content.

 

Limitation of Liability

 

28.       Certain rights and remedies may be available under the Competition and Consumer Act 2010 or similar legislation and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, RWP excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

a.         the re-supply of services or payment of the cost of re-supply of services; or

b.         the replacement or repair of goods or payment of the cost of replacement or repair.

 

29.       RWP does not accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, loss of data, loss of use of data, loss of goodwill, loss of customers, loss or damage to reputation, loss of revenue, loss of capital, or loss of profits arising out of or in connection with the viewing, use or performance of the Website or its contents.

 

30.       The pages on the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. RWP accepts neither responsibility for keeping the information in these pages up to date nor liability for any failure to do so.

 

31.       RWP reserves the right to change or discontinue any website, feature or service (or part thereof) at any time. RWP does not warrant that the site and its services will be uninterrupted, secure, timely or error-free or that defects in the service will be corrected. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

 

32.       RWP cannot guarantee or warrant that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

 

33.       RWP disclaims, to the extent possible under law, liability for any error or omission in information on these websites, or for any damages, losses or expenses that may occur while accessing this site, or any linked site, or the inability to access these sites or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or similar or system failure."

Entire Understanding

34.       This document contains the entire agreement between the RWP and you. All representations or agreements, whether oral or in writing made prior to the date of this document and relating to any matter dealt with in this document are merged in this document and do not have any effect from the date of this document.

Waiver

35.       A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy arising from a breach of or default under this document, does not result in a waiver of that right, power, authority, discretion or remedy.

36.       You are not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of this document or default under this document as constituting a waiver of that right, power, authority, discretion or remedy.

Severance

37.       lf any provision of these Terms & Condtions is void or voidable or unenforceable in accordance with its terms, but would not be void, voidable, unenforceable or illegal if it were read down and it is capable of being read down, such provision shall be read down accordingly.

 

38.       lf,notwithstanding the preceding clause, a provision is still void, voidable, unenforceable or illegal:

 

a.         lf the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are hereby severed; and

b.         ln any other case, the whole provision is hereby severed,

 

and the balance of these Terms & Conditions shall remain in full force and effect.

Governing Law

39.       This document is governed by the law of New South Wales, Australia.

40.       You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and waive any objection to the venue of any legal process on the basis that the process has been brought in any inconvenient forum.

 

END