tenant connect Terms and Conditions

In these terms and conditions, “Company”, “we” “us” and “our” refers to InspectingSmart Pty Limited (ABN 70 668 971 024).

We reserve the right to amend this Terms and Conditions at any time and your use of the Tenant Connect App (including the software application and any of our Websites) following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you use the Tenant Connect App or view our website you read this terms and conditions.

You must discontinue using the Tenant Connect App if you do not accept this terms and conditions. Your continued use of the Tenant Connect App will signify your acceptance to the terms and conditions including any of the changes.

Definition

Agent means a third party who is authorised by a Landlord Account User to manage their Property on the Landlord’s behalf, including without limitation, Property Managers, Real Estate Agents or any third party Property Management business or service.

Application/App means the software program provided by the Company downloaded by You on any electronic device, named Tenant Connect.

Account means a unique account created for Users to access our Service or parts of our Service and refers to both Landlord and Tenant Accounts collectively.

Country refers to the country the User of the App resides per these Terms.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Fees means the Tenant Connect fees payable by the Landlord when using the Service.

Landlord Account means an Account registered as a landlord and includes references to “Landlord”.

Prohibited Conduct refers to any inappropriate or illegal conduct as referred to in clause 58.

Property means any property information, including address and features, listed by a Landlord Account onto the Application.

Service refers to the Application services for providing a remote property inspection Application service for Landlords and Tenants and generating inspection reports.

State refers to the relevant State or region of the Country that the User resides.

Tenant Account means an Account registered as a Tenant and includes references to “Tenant”.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

User refers to any user who downloads and uses the App and Services and who is bound by these Terms and Conditions and includes references to “You” and “Your”.

Website refers to the Tenant Connect website at https://tenantconnect.com.au/.

Registration

1.  In order to access the Services provided by Tenant Connect Users must register an Account. Tenant Connect reserves the right to restrict some of its Services to only those Users who have registered an Account through our App or Website.

2.  To create an Account Users must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for additional information relating to our collection, storage and use of the details you provide on registration.

3.  Our services may upgrade or change from time to time, please refer to our website or app user manual for further information.

4.  Users may directly register as a Landlord Account onto the App. Tenant Accounts are registered by referral link from a Landlord Account and linked to that Landlord Account.

5.  Users agree to ensure that their registration details are true and accurate at all times and undertake to update their registration details from time to time when they change.

6.  On registration, Users create their own password. Users must keep their password confidential and private and not disclose or share it with any other person. If a User has lost or forgotten their password or have reason to suspect any unauthorised use of their password Users must immediately reset their password on the login page of our App or Website.

7.  On registration Users will be provided with a security code to verify registration and access their Account. Users must ensure they provide a valid phone number and email address for the purpose of receiving the security code.

8.  Users agree to keep their payment and registration information accurate, confidential and current at all time.

9.  Unless otherwise specified, each Tenant Connect Account or membership may only be used to support one person on two Devices only. The Tenant Connect Account or any subscription service is not transferrable. You are not allowed to transfer, sell or share any Tenant Connect Account or subscription. Notwithstanding the above, if you do share your Tenant Connect Account, you take all responsibility and indemnify Us on all potential liability and losses due to the sharing, including but not limited to leakage of confidential information, loss of privacy and business records, loss of financial information including billing and credit card information and deletion of the account or any data in relation to the account.

10.  By downloading our App from the Google Play Store or Apple Store, you agree to Google’s or Apple’s App Stores end user license agreement and any usage rule set in the respective terms and conditions including the licenses agreement provided by Apple, Android or Google.

Our Services 

11. Our services are provided to adults over the age of eighteen (18) years. By proceeding to access the Tenant Connect App or Website, you acknowledge that you are over 18 years of age.

12. If you are a User located in Australia, our prices are listed in AUD. If you are a User located overseas, including the US, our prices are listed in USD. All prices are exclusive of GST or Sales Tax unless otherwise noted on our App or Website.

13. You are required to ensure that you have the latest update of the Tenant Connect App and compatible operating system in order for all Tenant Connect App features to be operational. If you do not have the latest update of the Tenant Connect App, you accept that some of our functions may not perform as expected, may be having a lower level of security and you may be at risk from losing your data.

14. This App requires access to your Device’s camera function in order to access the Tenant Connect Services including entering Property information and conducting inspection calls. The features of this App are substantially limited if you do not allow access to the camera function. Tenant Connect do not warrant that this App and the Tenant Connect Services will perform as intended if you do not allow the App to connect to your Device’s camera.

15. This App requires an active internet connection via Wi-Fi or mobile data network to your Device. The features of this App are substantially limited if the Device does not have an active or stable internet connection. Tenant Connect do not warrant that this App and the Tenant Connect Services will perform as intended if your Device does not have a stable Wi-Fi or mobile data network connection.

16. We endeavour to ensure that our Fees list is current. Our Fees list can be accessed via the Tenant Connect App or Website.

17. We, in our sole discretion and at any time, may modify our Fees. Any Fee change will become effective at the end of the then-current billing period. Your continued use of our Service after the Fee change comes into effect constitutes Your agreement to pay the updated Fee amount.

LANDLORD SERVICES

27. Landlord Accounts can supply a prospective Tenant an access code to download and register the app as a Tenant Account once the first remote inspection is scheduled on the App. Tenant Accounts are linked to a primary Landlord Account and will receive a Tenant access code and password.

28. By downloading the app and completing the Tenant Account registration process, the Tenant User agrees to be bound by these Terms and Conditions.

29. The Tenant warrants that the personal information they supply to Tenant Connect when registering their account is accurate. Tenant Connect is not responsible for incorrect or fraudulent information entered onto the App by the Tenant.

Payments 

30. Tenant Connect is a pay per use Service. Users must pay all Fees specified for the Service as agreed between Tenant Connect and the User. Current Fees, including minimum costs and durations for inspection calls, are located on our price list from the App or Website.

31. When a Landlord Account User schedules their first inspection on the App, the App will request that the Landlord enter their credit card information. All credit card information is securely stored as a Stripe Token and is not able to be viewed by Tenant Connect.

32. Inspection calls are a paid service and are charged per our Fees schedule. Upon completion of the inspection call the User’s credit card is automatically charged.

33. By entering their credit card information on the App the User authorises and directs Tenant Connect to charge the User’s nominated credit card upon completion of the inspection call in accordance with these Terms.

34. Before a remote inspection commences the App will verify the validity of the Stripe Token to ensure that the associated credit card information is accurate and functional. Users must ensure they provide valid credit card information or the remote inspection will be unable to proceed.

35. Where inspections involve multiple inspection calls, the overall Fees are calculated by combining the status of all calls. The total Fees are calculated once the inspection status transitions to “inspection complete”.

36. The Fees for our Tenant Connect services can be accessed on our App’s Fee page and our Website. Tenant Connect reserves the right to update its Fee page and price list at any time.

37. Payment processing is performed through Stripe, a third-party service provider, and we do not retain any of our User’s personal information provided to the third-party service provider for the payment or transaction. Please refer to the terms and conditions, and the privacy policy of the third-party service provider for further information.

38. Receipts for the Fees paid and statements setting out the Fees and any GST or Sales Tax paid will be securely stored and may be accessed by you from your Account.

39. Except as otherwise provided in these Terms, all Fees paid are non-refundable.

Access

40. When you visit our Website or install our App, we give you a limited licence to access and use that information for personal use. This limited licence extends to any accompanying documentation. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by these Terms.

41. You are permitted to download a copy of the information on the Tenant Connect App or Website to your computer or Device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

42. Except as permitted under the Copyright Act 1968 (Cth) Australia, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this App or our Website without our prior written permission. Copyright is subject to the rights afforded by the Berne Convention and Users hereby agree that they are bound by the Copyright laws of Australia when agreeing to these Terms.

43. The licence to access and use the information on our App or Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our App or Website.

Hyperlinks and other linking technologies 

44. The Tenant Connect App may from time to time contain reference or link to other third party Apps and Websites. Such references or links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our App or Website to another App or Website does not imply our endorsement, support, or sponsorship of that third-party nor of the information and/or products which they provide.

45. Except where registering Tenant Accounts to our App, any other linking our App or Website is not permitted without our written permission. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

46. The copyright to all content on our App and Website including applets, graphics, images, layouts and, text belongs to us or we have a licence to use those materials.

47. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Providing User access does not license you to use those marks in any commercial way without our prior written permission.

48. When Users upload photos or video to the Tenant Connect App they guarantee that they are the copyright owner of the contents or have the right to do so.

49. Users hereby expressly grant Tenant Connect a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use all data, information, images, and / or files uploaded to our App and agree to sign any documentation to that effect if required to do so.

50. Users acknowledge that the Tenant Connect App is not a security service and any information transmitted over the internet through the Tenant Connect App may not be encrypted. Further, the level of security over the data transmitted during use of the Tenant Connect App depends on the security level of the internet that you are using, which we have no control over. We take no responsibility for any losses due to insecure internet connection at the User’s end. Users must not upload any confidential or sensitive contents to the Tenant Connect App.

Suspension or Termination 

51. We reserve the right to terminate, restrict, or suspend User’s Accounts at any time at our discretion. We will take into consideration of the circumstances including but not limited to requests by law enforcement, any breach of these Terms, or any Prohibited Conduct or unlawful activities.

52. Termination pursuant to this clause will not affect any rights or remedies which Tenant Connect may have.

53. You may voluntarily select to deactivate your Account or to delete your account. When you deactivate your account, your account will be locked. We will provide no further Service to you. No other User can access your Account or create a profile with the same User ID.

54. Users may delete your account at any time, you will lose all the data and content in that account, including Property listings and photos. If a User changes their mind, you will not be able to recover this data once the account is deleted.

55. We may, in our sole discretion and without notice, restrict, deny, terminate User Accounts at any time, in whole or in part, if we determine that your use of the Services: (i) violates these Terms; (ii) is against any law or regulatory requirement; (iii) is in a manner not contemplated by this terms and conditions; (iv) is Prohibited Conduct or differs from what would be reasonably considered normal use by other Users; Any exceedance in such limitations will be advised. (v) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; (vi) to protect the integrity or availability of our Services or systems and comply with any applicable policy; (vii) if we are not able to contact you through the electronic address which you provided; or (viii) or if your use of the Services conflicts with our interests or those of another User of the Services.

56. Accounts may also be terminated in the following circumstances:

• if you, being a corporation, becomes the subject of insolvency proceedings or are appointed an external administrator;
• if you, being a natural person, become bankrupt; and
• if you, being a firm or partnership, are dissolved.

57. Users will be allocated a limited amount of storage for storing your Property data, listings and any recordings of inspections. Once your storage amount is reached, you will not be able to upload further content to the Tenant Connect App. We will notify you if your limit has reached. You have an option to delete some of your own contents, or not upload further contents to the Tenant Connect App.

58. Users acknowledge that it is your responsibility to keep a separate hard and electronic copy of any condition reports, inspection reports and communications with Tenants as required by any legislation, regulation or your State’s fair trading guidelines.

Prohibited Conduct

Prohibited Conduct includes, without limitation, the following behaviour:

• Anything that would constitute a breach of an individual’s privacy or other legal rights;
• Anything that would breach legislation, any State fair trading body’s rules and guidelines, or any other zoning and strata regulations;
• Using our App to harass, threaten, or defame or offend any other person;
• Tampering with or modifying our App such as by transmitting viruses or other disabling features, using trojan horses or other piracy or programming routines that may damage or interfere with a User's use of the App;
• As a Landlord Account User listing Property or uploading content such as images or features fraudulently or with intent to mislead Tenants;
• any conduct which would breach a Landlord’s responsibilities under residential tenancy laws;
• Misusing our App in any way to circumvent payment of the Fees;
• Facilitating any third-party to perform any of the above acts.

60. Users acknowledge and agree that our staff may review, edit, or remove any Property listings, images and data you upload to our Website or Tenant Connect App at any time.

61. Users hereby warrant that all the data, images, and / or files which they upload to our App will not breach any law, and we reserve the right to remove any unlawful data, images, and / or files in our sole discretion. Users acknowledge and agree that we shall not decline any legal request issued by any governmental institutions or organisations to access your information, data, images, and / or files.

Disclaimers 

62. You understand and agree that this App and the Tenant Connect Services are an online platform designed to facilitate and complete live, remote inspections only, and that our responsibilities are limited to facilitating the User functionality and availability of the Services. We are not a party to any contractual relationship between Users.

63. We are not a real estate agent, property manager, or property investment firm and all Landlords, Tenants and Property Managers are independent third parties, not our employees, contractors, partners or agents. We are not party to any residential tenancy agreement between the parties.

64. Any data, images or contents on our Website or Tenant Connect App is information only and not intended as legal or financial advice and should not be relied on as such.

65. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

66. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

67. We also take all due care in ensuring that our App and Website are free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your Device which arises in connection with your use of our App or any linked Website.

Statutory Guarantees and Warranties to Consumers 

68. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

69. If you are a User located in Australia, Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to Users, and as a consumer the C&C Act gives you statutory guarantees.

70. If a User is a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give Users a warranty that at the time of supply of any of our goods or services to you, if they are defective then:-

• Provide again or rectify any goods or services or part of them that are defective; or
• Wholly or partly recompense you if they are defective.

Limitation of Liability 

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the Fees paid by the User in the previous 30 days.

Users acknowledge that we will not be liable for any damage or loss, due to:

• Incompatibility of the Tenant Connect App with any of your equipment, software or telecommunications links;
• Technical problems including errors on, or interruptions to usage of the Tenant Connect App;
• Unsuitability or unreliability of the Tenant Connect App;
• Inadequacy of the Tenant Connect App to meet your requirements or the requirement of any organisations;
• Viruses or other computer bugs or malfunctions acquired by you from the use of the Internet, or the Tenant Connect App;
• Loss of function or reliability in the App resulting from a user’s loss of access to a secure and stable internet connection by wi-fi or mobile service data.
• quality, accuracy, reliability, relevance, up-to-dateness and completeness of data, information, documents, or images uploaded to or generated by the Tenant Connect App;
• Any breach or implied breach of any tenancy, lease or rental agreement to which Tenant Connect is not a party to, including any breakdown in relations between Tenant and Landlord resulting from use of the Tenant Connect App and Services;
• Our Modification or withdrawal, temporarily or permanently, of any material (or any part) of the Tenant Connect App or our Website without notice to you, and you confirm that we shall not be liable to you for any modification to, or withdrawal of, the Tenant Connect App, our Website, or its contents.
• To the full extent permitted by law, any loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data or images, pure economic loss or any consequential losses, indirect, incidental damages, special or punitive damages whatsoever that arise out of or are related to the Tenant Connect App or materials you uploaded to our system, or any loss of stored data, images, and information for any reason.
• To the full extent permitted by law, any loss whatsoever including consequential loss suffered by Users such as loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of savings, loss of use or corruption of data, whether under legislation, contract, equity, tort (including negligence) or otherwise.

73. Nothing in these terms and conditions implies any relation between Tenant Connect, a Landlord and a Tenant beyond that of a third-party Service provider. Tenant Connect expressly exclude any liability for any dispute which may arise resulting from breaches of any tenancy, rental or lease Agreement between the Landlord, Tenant or any Property Manager and Agent.

74. We do not accept liability for anything contained in the post of a User or in any form of communication which originates with a User and not with us.

75. This Agreement is between you and us, and not Apple, Inc. or Google Inc (jointly and separately referred to as “Marketplaces”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Marketplaces has the right to enforce this Agreement against you. Apple, Inc. or Google Inc are not responsible for the App and its content.

76. Users must bear the risk associated with the use of the internet. Whilst we will try to ensure that material included on the Tenant Connect App or our Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Tenant Connect App or Website. If we are informed of any inaccuracies in the material on the Tenant Connect App or Website we will attempt to correct this as soon as reasonably possible.

77. Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the limitations in this Terms and Conditions may not apply. In these States, each party's liability will be limited to the greatest extent permitted by law.

Indemnity 

78. The Tenant Connect App is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. Users hereby acknowledge, agree and understand that they use the Tenant Connect App at their own risk.

79. Users acknowledge that they will not authorise a third party to access their own personal account. Users hereby indemnify Tenant Connect and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with unauthorised access to a User’s Account.

80. By accessing or using the Tenant Connect App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any goods and services provided to you by a third-party service provider, or a third party software or system, including but not limited to processing online payments, storage and access to personal or financial information.

81. By accessing or using the Tenant Connect App, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising as a result of (i) your action or omission in relation to the Tenant Connect App; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the App or material uploaded to the App caused damage to a third party.

82. You hereby indemnify Tenant Connect and acknowledge and agree that, in no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data or images, loss of profits, goodwill, bargain or opportunity, loss of anticipated rental income, breakdown in relationship with Tenants or Landlords, damage to Property or any other similar or analogous loss resulting from a user’s access to, or use of, or inability to use the Tenant Connect App or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

83. Users acknowledge that Tenant Connect may be required to release personal information or User submitted data to authorities or upon request by a Court or Tribunal in the event of a Rental dispute. Tenant Connect cannot and will not provide you with any protection, representation, or documentation for any investigations or proceedings except by lawful direction by the Courts or a State Tribunal. Users hereby indemnify and agree to compensate Tenant Connect for any costs, claims and expenses which may be incurred should Tenant Connect be required to comply with any lawful direction by a Tribunal including but not limited to costs to appear as witness or to provide User information due to subpoena, notice to produce or other discovery procedure.

Survival clauses

84. It is intended that clauses 61 to 82 will survive any Account termination or suspension and termination of these Terms.

European Union

85. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Jurisdiction

86. You agree to use all reasonable endeavours to resolve any dispute in relation to the Tenant Connect App, including contacting us and trying to resolve the matter before issuing any proceedings against us.

87. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in exclusively New South Wales, Australia and you agree to submit to the exclusive jurisdiction of those Courts.

88. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

89. We undertake to take all due care with any information which Users may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which Users may provide to us. Information Users transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

90. User acknowledge that by downloading the App and subsequently registering an Account that you are providing the App with personal information. By providing personal information to use, you consent to use collecting, holding, using and disclosing information in accordance with our Privacy Policy.

91. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the Tenant Connect App or Website. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Tenant Connect App, our Website and any information provided to by you.

Updates and Patches

92. Please make sure you always export and download ALL your images and data prior to applying updates or patches on your Device or any software.

93. Use of these Services may be affected by the updates or patches you applied on your Device or software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your Device and telecommunications provider.

94. You understand that once you apply an update or patches on your Device or software including the Tenant Connect App, you may NOT be able to revert back to a prior update version of the same or similar data or images.

95. Any updates or patches provided are on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data or images and information, from any connected Device. To the maximum extent permitted by law, you acknowledge and agree that all use of any updates is at your sole risk.

96. The User is required to refer back to the Tenant Connect App, the App store or contact Tenant Connect support, for information on the latest applicable software required on their Devices and computers in order for all features to be operational.