Residential Tenancy Agreement SA

The rentstreet.com.au website (referred to in these Terms of Access as the “Website“) is owned and operated by “Rent Steet” and is referred to as  “Rent Steet” or “us” or “our” or “we” in these Terms and Conditions.

Rent Steet requires that for all properties listed on this website the Vendor appoints Rent Steet as its marketing agents and signs a compliant authority with Rent Steet directly.

1. The material on the Website is the copyright of Rent Steet and/or other copyright owners.
2. The Listing fees advertised on the Website are charged once and include all administration charges in creating a property profile for you, including creating online advertising campaigns. All Charges are in Australian Dollars and are Inclusive of GST. Once a profile has been created our fee has been earned.
3. The Website is available for you to access conditional on your acceptance without alteration of these Terms of Access. By continuing to access the Website you are agreeing to these terms and our Privacy Policy.
4. We reserve the right to change the Terms of Access at any time by publishing the new terms on the Website. Your use of the Website constitutes your acceptance of those terms. Should you object to any of our terms of access, your sole option is to immediately cease using the Website.
5. Information on the Website may not be regarded as a substitute for professional legal, financial or real estate advice and we recommend that as purchaser or vendor of real estate, that you should obtain professional advice prior to entering into any binding transaction.
6. Rent Steet reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
7. The Website contains links to sites on the Internet, owned and operated by third parties and which are not under the control of Rent Steet. In relation to the other sites on the Internet, which are linked to the Website, Rent Steet:
   1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Rent Steet of the linked site; and
   2. is not responsible for the material contained on those linked sites.
8. Rent Steet does not warrant guarantee or make any representation that:
   1. the Website or the server that makes the site available on the Internet are free of software viruses;
   2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
   3. errors and defects in the Website will be corrected.
9. Rent Steet is not liable to you for:
   1. errors or omissions in the Website, or linked sites on the Internet; or
   2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites, whether caused through negligence of Rent Steet, its employees, agents or independent contractors, or through any other cause. For example, our arrangement with third party websites on which your property is advertised may change which may make it impossible or unviable for us to continue advertising your property on those websites in which case we reserve the right to discontinue such advertising and you agree that you may have no claim against us in this regard.
10. Rent Steet may terminate access to the Website or any third party website at any time without giving any explanation or justification for the termination of access, and Rent Steet has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website or any third party website.
11. You will at all times indemnify and keep indemnified Rent Steet and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by Rent Steet arising from any claim, demand, suit, action or proceeding by any person against Rent Steet where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you; and publication of or distribution of information supplied by you.
12. By uploading, transmitting, posting or otherwise making available any information (including all information and photos of your property being sold or leased) on or via the Website “INFO”, you:
    1. give us permission to upload your property listing, together with photos to the various websites to which we publish;
    2. warrant that you have the right to grant the abovementioned licences; In this regard, you will submit/upload a rates notice or copy of the title and a photo ID identifying you as the owner of the property being advertised. If you are not the owner of that property you will need to explain to Rent Steet satisfaction your relationship to that property.
    3. warrant that the INFO does not breach any laws; and
    4. Understand that the content of the advert including all wording and photos is listed under the Rent Steet license and as such  Rent Steet has the final say as to what content is displayed and how it will be displayed. We reserve the right to amend and change the advert without your approval or consent if this is needed for your advertisement to comply with the Acceptable Use Policy of the various websites to which we publish.
13. We reserve the right (but have no obligation) to:
    1. review, modify, reformat, reject or remove any information 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 of Access or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms of Access or for the purposes of any police investigation or governmental request.
14. Any property advertised for rent via the Website must be removed:
    1. Within 48 hours after the property has been sold or leased ( In this regard you agree to notify Rent Steet when the property is sold or leased).
    2. We don’t allow short-term (less than 3 months) “For Lease” adverts. If a tenant is found the advert must be removed. We reserve the right to remove any advert that suggests that the lease is a short-term lease.
15. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
16. These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
17. Limitation of services. You hereby further acknowledge that:
    1. Rent Steet assists you to conduct a private rental of your property by providing marketing services and does not act on behalf of you in relation to the lease transaction.
    2. For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) and in all cases Rent Steet does not act on behalf of the owner in relation to the lease and therefore will not conduct a preliminary physical inspection of the property.
    3. You are the owner of the property that you are using the services of Rent Steet to list or if you are not the owner, you have legal permission (to the satisfaction of Rent Steet) to list the property on behalf of the owner. You will be required to give a written and signed General Marketing Authority to Rent Steet to market the property and understand that your property will not be listed until Rent Steet is satisfied as to your relationship to the property and your compliance of all these terms. For clarification, we check that the registered owner who is renting out the property has given Rent Steet the required authority to list the property. We Check the address of the property against the title and other online mapping services and will only list a property with the address and suburb as displayed on these documents.
18. Rent Steet is not responsible for listings, information or any other listing data that may be published on other third-party websites (not included as a part of our service) such as onthehouse.com.au, oldlistings.com.au and alike. These websites are aggregator or historical data websites that scrape information from Real Estate portals such as realestate.com.au to provide their users with comparable sales data and other information. If you wish to have your property removed from these third-party websites, you must contact the website directly and ask them to have it removed.
19. You agree to the jurisdiction of the courts of the State of Victoria, Australia, to determine any dispute arising out of your use of the Website and/or these Terms of Access.