Terms & Conditions
These terms and conditions (Terms & Conditions) apply to all Unrent Services provided to any person by Coposit Pty Limited (ACN 635 371 630) t/as Unrent ('Unrent, We, Us or Our') including any Associate of Unrent as defined by section 9 of the Corporations Act 2001 (Cth).
Welcome to unrent.coposit.com.au ('Unrent Website'). The Unrent Website is owned and operated by Us.
Please read and consider these Terms & Conditions carefully before choosing whether to use the services offered by Unrent via the Unrent Website ('Unrent Services').
Your use of all information, data files, written text, computer software, music, audio files or other sounds, photographs, graphics, video, images and materials which You may have access to as part of, or through Your use of the Unrent Website ('Content') is governed by these Terms & Conditions and any other written agreement You enter into with Unrent.
In the event that You do not agree with any of the Terms & Conditions, please discontinue use of the Unrent Website immediately.
Acceptance of Terms & Conditions
- These Terms & Conditions apply to You in addition to:
- any other terms and conditions to which You may be subject to when using, registering for, or participating in the Unrent Services, including but not limited to:
- Unrent's Privacy Policy; or
- any other written agreement; and
- any and all relevant third party terms and conditions for associated websites and for any other websites linked to and referred to within the Unrent Services ('Linked Websites') are included in these Terms & Conditions.
(collectively 'Other Terms')
- any other terms and conditions to which You may be subject to when using, registering for, or participating in the Unrent Services, including but not limited to:
- In the event of any inconsistency between these Terms & Conditions and the Other Terms, these Terms & Conditions will prevail to the extent of the inconsistency.
- By accessing or using the Unrent Services, You accept and agree to be bound by these Terms & Conditions as updated from time to time without any limitation or qualification. These Terms & Conditions constitute a legally binding agreement between You and Us.
- You warrant to Us that You have the authority to enter into these Terms & Conditions. You agree that Unrent may change and update these Terms & Conditions from time to time and that the most recent version of the Terms & Conditions posted on Unrent's Website will apply and legally bind You. We recommend that You review the Terms & Conditions regularly at unrent.coposit.com.au. The Unrent Services offered by Unrent are hosted in Australia.
Your use of the Unrent Services and Your privacy rights
- You may browse the Unrent Website without creating a user login. We will collect and use Your personal information in accordance with these Terms & Conditions and Unrent's Privacy Policy (which is accessible at unrent.coposit.com.au/privacy-policy).
- Unrent undertakes to comply with the Australian Privacy Principles and Notifiable Data Breaches Scheme as set out in the Privacy Act 1988 (Cth) in respect of personal information provided by You, information collected by Unrent or the Unrent Services and information regarding the way You access the Unrent Services.
- You must not provide any false information to Unrent.
- Unrent endeavours to use reasonable security measures to protect against unauthorised access to the personal information You provide. Unrent cannot, however, guarantee absolute security of the personal information You provide, and We cannot promise that Our security measures will prevent third party hackers from illegally accessing the Unrent Services. You accept all risk of unauthorised access to the Content You upload or authorise to be uploaded to the Unrent Services.
- You must not abuse, harass, threaten, impersonate or intimidate other Unrent Services users.
- You must not create or submit unwanted email, spam or comments to any user of the Unrent Services.
- You must not use the Unrent Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
- You must respect the rights of third party property owners in accordance with these Terms & Conditions and the Other Terms or as otherwise required by law.
- You agree that Unrent may access and disclose the information You have given to Unrent or that has been collected by the Unrent Services if Unrent is required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
- comply with the law;
- enforce these Terms & Conditions;
- respond to claims that any Content violates the rights of third parties;
- respond to Your requests for customer service; and/or
- protect the rights, property or personal safety of Unrent and its customers.
Unrent's Intellectual Property Rights and other rights
- Unrent owns, or is licensed to use, the Intellectual Property Rights in the Unrent Services and the Unrent Material. You agree that You do not own or have any interest or claim to any Intellectual Property Rights in the Unrent Services or the Unrent Material.
- You must not infringe upon Unrent's Intellectual Property Rights in the Unrent Services and the Unrent Material. In particular, You must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent or lease any Unrent Material or any data generated by the Unrent Services.
- You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble or incorporate any of the Unrent Material in whole or in part in any other software or product, or develop derivative works of the Unrent Material or allow others to do so or upload or re-post the Unrent Material to any other site on the internet without obtaining Unrent's prior written consent.
- You must not:
- use or reproduce Unrent's name or logo without the prior written permission of Unrent;
- interfere with or disrupt the integrity, functionality or performance of the Unrent Services;
- circumvent, alter or modify disabling mechanisms which may be resident in the Unrent Services or mechanisms that control access to use of the Unrent Services;
- gain or attempt to gain unauthorised access to the Unrent Services or related systems or networks;
- incorporate or use the Unrent Services in whole or in part in any other software, service or product;
- access (or attempt to access) the Unrent Services or Content on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
- attempt to disguise the origin of any access (or attempted access) to the Unrent Services; and/or
- use the Unrent Services for commercial gain by anyone.
Expression of Interest Payment
- By paying an Expression of Interest Payment, You acknowledge and agree that:
- the Expression of Interest Payment is paid to secure Your priority position for access to properties available via the Unrent Services and does not guarantee availability of any particular property, service or outcome;
- the Expression of Interest Payment will be held by Unrent until it is either:
- applied towards the payment of a deposit pursuant to a contract for sale of a property between You and a vendor; or
- refunded to You in accordance with these Terms & Conditions;
- if You decide not to proceed with the purchase of a property as facilitated via the Unrent Services, You may request a full refund of the Expression of Interest Payment by notifying Unrent in writing at unrent@coposit.com.au; and
- Unrent will process any refund of the Expression of Interest Payment within fourteen (14) business days of receiving Your written or verbal request.
- Unrent reserves the right to verify Your identity and payment details before processing any refund of the Expression of Interest Payment.
- The Expression of Interest Payment does not accrue interest and Unrent is not obligated to pay You any interest on the Expression of Interest Payment.
Payments
- Any payment of the Expression of Interest Payment by You is to be completed via the Unrent Website.
- You agree that all notices or any other communications in relation to the Unrent Services will be received in electronic form.
- We may conduct checks on Your credit score via third party credit reporting bodies. You acknowledge that You consent to credit checks being conducted by these third party credit reporting bodies on our behalf. We note, however, that the credit checks conducted will not impact your credit score.
Unrent's liability
- You agree that You use the Unrent Services at Your own risk. Unrent does not guarantee the accuracy, integrity or quality of Content.
- The Unrent Services are provided to You "as is" and without warranty as to suitability or fitness for purpose or with any implied warranties. Unrent does not warrant or guarantee or make any representation:
- that Your use of the Unrent Services is legal;
- as to the performance of the Unrent Services;
- that the Unrent Services or any part of it will operate uninterrupted or are error-free;
- that errors and defects in the Unrent Services will be corrected;
- geographical information in the Unrent Services is accurate, up to date and current; or
- that the Unrent Services will be updated.
- While Unrent has taken reasonable steps to ensure the information it provides via the Unrent Services is accurate and up to date, Unrent does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Unrent Services. You must rely solely on You own assessments and verification of the Content.
- You acknowledge that Unrent cannot guarantee uninterrupted access to and use of the Unrent Services at all times.
- While Unrent will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Unrent cannot, and does not, warrant, guarantee or make any representation that the Unrent Services, or the server that makes the Unrent Services available online, are free of software viruses, trojans or any malicious code.
- You are responsible for making sure that Your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable You to use the Unrent Services.
- You are responsible for all telecommunications and data costs (including roaming costs) associated with Your use of the Unrent Services.
- Unrent and its respective officers, employees, contractors and agents have no liability for costs, losses or damages of any kind, which You or anyone else may incur, arising directly or indirectly in connection with Your use of the Unrent Services.
- Unrent is not liable to You or anyone else for:
- any loss, expenses or costs to You associated with Your use of the Unrent Services (including any data charges incurred by You);
- loss of any Content;
- errors or omissions in the Unrent Services, Other Terms or Linked Websites on the Unrent Services;
- delays to, interruptions of or cessation of the services provided in the Unrent Services, or Linked Websites; and/or
- defamatory, offensive or illegal conduct of any user of the Unrent Services, whether caused through negligence of the Unrent Services, its officers, employees or contractors, or through any other cause.
- You agree that You will bear the full cost of any necessary repair, correction and maintenance of any of Your smartphone or computer software or hardware, which may be necessary as a consequence of You installing or using the Unrent Services.
- You agree to at all times indemnify and keep indemnified Unrent and its respective officers, employees, contractors and agents (each a 'Unrent Officer') from and against any loss (including reasonable legal costs and expenses) or liability incurred (including consequential or indirect loss) by any Unrent Officer arising from any claim, demand, suit, action or proceeding by any person against any Unrent Officer where such loss or liability arose out of, in connection with or in respect of any of the following:
- a breach of these Terms & Conditions by You;
- Your use or misuse of the Unrent Services; or
- publication of or distribution of information supplied by You.
- The Unrent Services may provide links to Linked Websites, other internet sites or resources or services provided by third parties. Unrent is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. It is Your responsibility to make Yourself aware of the terms and conditions on the Linked Websites, other internet sites or resources or services provided by third parties.
Termination of access
- Unrent may terminate or suspend Your access to the Unrent Services at any time without giving You any explanation or justification for the termination of Your access.
- Unrent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Unrent Services or any portion thereof with or without notice.
- You agree that Unrent has no liability for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Unrent Services.
Australian Consumer Law
- The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Where those consumer rights and remedies apply to the provision of the Unrent Services to You and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms & Conditions but only to the extent of and duration of the inconsistency.
- Where You are entitled to a statutory right or term that Unrent is not able to exclude but Unrent is entitled to limit Your remedy for a breach of that right or term, then Unrent's liability for breach of that right or term is limited to (at Unrent's election):
- in the case of goods Unrent supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of repairing or replacing the goods or supplying substitute goods); or
- in the case of services Unrent supplies, the supply of the services again, or the payment of the cost of having the services supplied again.
General
- You acknowledge that Unrent may assign its interest in the Unrent Services at any time.
- If any part of these Terms & Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms & Conditions will be governed by and interpreted in accordance with the law of the New South Wales and You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms & Conditions.
- If You access the Unrent Services in a place outside New South Wales You agree to comply with all laws in force in that place in addition to the Terms & Conditions and all laws in New South Wales.
Definitions
- In these Terms & Conditions:
- Intellectual Property Rights means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
- Expression of Interest Payment means a refundable deposit paid by You to Unrent to secure Your priority position for access to properties available via the Unrent Services.
- Related Bodies Corporate has the meaning given to it in section 50 of the Corporations Act.
- Unrent Material means all:
- content, data, agreement, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Unrent includes in the Unrent Services, or which is made accessible via the Unrent Services; and
- software forming part of, or used in connection with, the Unrent Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes.
Interpretation
- In these Terms & Conditions, unless the context otherwise indicates:
- headings are for convenience only and do not affect interpretation;
- a reference to legislation or a provision of legislation includes all regulations, orders or instructions issued under that legislation or provision and any modification, consolidation, amendments, re-enactment, replacement or codification of such legislation;
- the singular includes the plural and vice versa;
- a reference to a person includes a natural person, partnership, body corporate, association, governmental or legal authority or agency or other entity; and
- a reference to "include", "including" and "for example", and similar expressions when introducing a list of items, does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.