website usage

Terms and conditions

1. General

Elechris Pty Ltd trading as Urban Renters Agent

These terms and conditions (Terms) govern your use of the Urban Renters Agent’s software application for use with compatible smartphone and tablet devices (the App), your use of WWW.URBANRENTERS.COM.AU (Website), and/or our services (unless otherwise dealt with under our Renter’s Agent Agreement) (Services) (together, the Platform) of Elechris Pty Ltd (ACN 625 350 450) trading as Urban Renters Agent or its Related Entities (as defined in the Corporations Act 2001 (Cth)) (us/we).
By using the Platform you agree to be bound by the Terms. Any disregard by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.
We reserve the right to vary any of the Terms, or any other policy or guideline regarding Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the App or the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Platform constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Platform.
In the event of any inconsistency between these Terms and any other document which you receive from us, you agree that these Terms will prevail to the extent of such inconsistency unless the other document is the Renter’s Agent Agreement.
Notwithstanding clause 1(4) you agree that your entitlement to use the App is conditional on these Terms as well as the terms of any platform on which the App is hosted (including but not limited to the Apple App Store and the Google Play Store), and that, in this regard, breach of the terms of such platform constitute a breach of these Terms, irrespective of whether such breach is consistent with, or contemplated by, these Terms.

2. You

By using the Platform, you, at all times:

warrant that your use of the Platform does not violate any applicable laws and/or any other requirements;
confirm that you have elected to use the Platform of your own free will;
will use the Platform, in a respectful, inoffensive and courteous manner;
will use the Platform at your own risk;
warrant that your use of the Platform are for your own purposes;
acknowledge that your use of the Platform may give access to, and interaction with, third parties and their content, messages, images, or other materials;
you agree and acknowledge that we, in order to power and maintain the Platform, may use third party suppliers, and you agree that we are not responsible for, and release us from any liability regarding the third party supplier’s maintenance and background use of the App or Website or product or service offered or made available to you via the Platform;
agree and acknowledge that we are not in any way responsible for, and cannot be held liable for your use of the Platform that is provided to you, and you agree to release us from any liability in this regard;
agree and acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;
1. using the App or Website in accordance with these Terms may allow you to have access to, purchase, and receive the Services. You will be able to purchase and receive the Services upon completing our Online Requirements Form available here and agreeing to the terms in our Renter’s Agent Agreement which will be made available to you via the App, our Website or by other means. The App will also allow you to share your Social Media (defined below at clause 2(10.4)) when using the App;
2. agree and acknowledge that we may obtain information from your smartphone, tablet device or other associated cloud service, to connect you with, or provide information with respect to our Services. Furthermore, you agree and acknowledge that we may from time to time, disclose your contact details to or our other third party suppliers in connection with the Platform;
3. agree to provide accurate, current and complete information about yourself as prompted by any registration forms on the App or Website, including the requirement to provide and enter your email address, mobile phone number to receive SMS verifications to receive notices from us, and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;
4. agree and acknowledge that registration to use our App through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”, “Pinterest” and/or “Instagram” (Social Media) will allow us to have access to your Social Media content, including the connections you may have with other people on Social Media, subject to any content that is private and/or limited to that specific Social Media application; and
5. acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall be governed by our privacy policy (Privacy Policy).

3. Users

In order to use the App and/or the Website you might be required to create an individual account which must comply with the account establishment protocols which are in use from time to time, including but not limited to providing and confirming your name, mobile number, email address, , and residential preferences (User Profile). This information will be handled in accordance with our Privacy Policy.
If you elect to engage our Services, you might be required to provide us with further information (such as personal information) to include in your User Profile and/or in our electronic or physical records. This information will be handled in accordance with our Privacy Policy.
Your User Profile is not transferrable to any other entity or person. You are the sole owner of your User Profile and only you can retain, access and use your User Profile. Your User Profile is your full responsibility and you must keep your User Profile in good, proper and fit-for-use condition.
You agree to maintain the security of your password and to keep your User Profile details correct and updated.

4. The App

Using the App in accordance with these Terms will allow you to have access to the Services.
You may be required to download the App from the appropriate application store on your smartphone or tablet device, and you will be required to update the App from time to time, in order to ensure that you have a current and working version.
The App may access information regarding your location when the App is in use by various means, including but not limited to third party application programming interfaces (APIs) and the App may access information regarding your previous activity and location on the App. The App may use the information regarding your location to offer location relevant information to you, including but not limited to which Services are available and who may provide them to you. This location is stored in your User Profile (if any), and you may, at your discretion choose to provide different locations at any time.
The App may send you push notifications, which are notification alerts that arise on your smartphone or tablet device (Push Notifications) or in App notifications. The Push Notifications provide alerts including but not limited to, updates on the date and time that you are receiving or providing the Services, what marketing proposals we provide you with, advertisements and/or information, and any other notifications which we deem appropriate in our sole discretion, for your use. You may choose to disable the Push Notification function in the settings of your smartphone or tablet device, however, we take no responsibility for, and you release us from any liability in regards to, your failure to receive notifications from us, as a result of your actions in disabling the Push Notifications.
We may contact you via the email address or the mobile number that you provided in your User Profile.

5. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.

A copy of the Privacy Policy can be accessed here, and is also available on the Website and App.

6. Representations

You agree and acknowledge that:

no representations have been made to you as to the fitness or suitability of the Platform for any purpose; and
you have not made any representations to us regarding the purpose for which you intend to use the Platform.

7. Your Content

Your use of the App and/or the Website and/or any other digital platforms associated with the App and/or the Website or us, may enable you to upload, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, Social Media and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:

grant us and our Related Entities (as defined in the Corporations Act 2001 (Cth)) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
represent and warrant that:
1. you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the App and/or the Website;
2. Your Content is accurate and not misleading; and
3. your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity;
grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
agree that we may use Your Content, in whole or in part, for our own commercial purposes subject to our Privacy Policy;
acknowledge that certain third party suppliers may access encrypted and anonymous information associated with you, as a consequence of your use of the App and/or the Website, for the purposes of setting up your User Profile, including but not limited to your mobile phone number, mobile application data, non-precise location information and other non-precise information; and
acknowledge that the third party suppliers may allow you to opt out of providing the information referred to in clause 7(4), subject to the third party supplier’s own terms and conditions, and you release us from any liability regarding the third party supplier’s use and access to the information referred to in clause 7(4).

8. Restrictions

When accessing or using the App and/or the Website, you must not, at any time:

use the App and/or the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
use the App and/or the Website and/or Social Media in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined below);
use or attempt to use another user’s account in any circumstances;
harass, abuse, intimidate, bully, or otherwise offend any other user of the Website or App or our Social Media;
violate any legislative, common law or equitable rights of any third parties;
send any of Your Content which:
1. contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
2. impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
3. encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
4. is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
5. contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
6. contains viruses, corrupted data or other harmful, disruptive or destructive files; or
7. in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website or the App or our Social Media, or which may expose us or our Related Entities or its users to any harm or liability of any type.

9. Us

You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
1. modify, discontinue, temporarily or permanently, your access, in whole or in part, to the App and/or the Website in whole or in part;
2. assign our interests outlined in these Terms;
3. run advertisements and promotions on the App and/or the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these aadvertisements or promotions; and/or
4. freeze or terminate your access to the App and/or the Website without prior notice to you.
You agree and acknowledge that the effect of the actions in clause 9(1) might be that the functionality or provision of the Services is substantially reduced or removed, and/or that additional payments, by you, might be required for certain or all functionality.

10. Our Content

Except as otherwise expressly indicated by us in writing, the App and/or the Website, our Social Media and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the App and/or the Website and/or our Social Media, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The App, the Website and all of Our Content is copyrighted – (c) 2021 Elechris Pty Ltd trading as Urban Renters Agent, All Rights Reserved.
We own all intellectual property rights in relation to the App, the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, Services, brands, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

11. Limited Licence

We hereby grant you a non-exclusive, limited, non-sublicensable licence to access the App, the Website and Our Content (the Limited Licence), strictly in accordance with these Terms. This Limited Licence is revocable at any time by us in our sole discretion. In using this Limited Licence, you must not:
1. use Our Content other than for its intended purpose;
2. distribute or display Our Content without our prior permission;
3. modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
4. use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
5. use Our Content for any commercial use; or
6. copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the App and/or the Website, including all page headers, custom graphics, button icons and scripts.
To request permission for use of Our Content not included in the Limited Licence, you must contact us by email to: hello@urbanrenters.com.au.
You agree not to reverse engineer any part of the Platform, or decompile any part of the software of the Platform.

12. Copyright Complaint Policy

Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address: hello@urbanrenters.com.au.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.

13. Repeat Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the App and/or the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Termination

You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the Limited Licence contained in these Terms immediately and without notice to you.

15. Warranty Disclaimer

Except as expressly provided to the contrary in writing by us, or the App or the Website or our Social Media, the materials contained therein (including Our Content) and the Services are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of due care and skill, fitness for a particular purpose, time of supply of Services, content and materials on the App and/or the Website to the extent permitted by law. We do not represent or warrant that materials in the App or the Website or our Social Media are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform and /or our Social Media, and/or any portion thereof.
We are not responsible for typographical errors or omissions relating to the Platform, availability, pricing, text or imagery. In the event that any information displayed on the App, the Website, or our Social Media or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, features or other information, you agree that we may fix the error at our discretion.
While we attempt to make your access to and use of the App and/or the Website safe, we cannot and do not represent or warrant that the App and/or the Website or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry-recognised website browsers and/or app software to detect and disinfect viruses from any download or use of the App and/or the Website.
We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third party suppliers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
We do not make any warranties as to the information or representations made by third parties. We are not responsible for, and will not be held liable for, any misrepresentations or false information that a third party provides to you. However, if you notify us by sending an email to hello@urbanrenters.com.au of any concerns you may have and the information or representations that they have made to you, we may, at our discretion, investigate the contents of your email and the misinformation and misrepresentations outlined.

16. Information Disclaimer

All of Our Content, including but not limited to the information relating to Services, is provided in summary form and is in no way intended to constitute advice. Before relying upon this information or using our Services, you must first consider whether the Services are suitable to you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation of these Terms.

17. Limitation Of Liability

You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their or our respective directors, officers, employees or agents arising out of or in any way relating to your engagement of the Services, your use of the Platform, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Platform or its consent or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the App and/or the Website. You use the App and/or the Website at your own risk and proceed with the Services at your own risk.
Without limitation of the foregoing, neither we nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Services, the use of the Platform, Our Content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Platform, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or other theory, arising out of or relating to the use of Platform exceed any amount that you pay to us, if any, for the Services.
We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive Platform, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, or real property that may result from your use of our Platform.
We take no responsibility and assume no liability for any Services, advertisements, In-App purchases, content or communication that you may receive from any third party supplier.

18. Indemnity

You agree to indemnify us and our agents, directors and employees and our Related Entities and their agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.

19. Applicable Law And Venue

The App and the Website (excluding third party websites or apps) are hosted by us. The App and the Website our Social Media are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform or in relation to these Terms will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the App or the Website or the Services will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access Platform from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.

20. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

21. Notices

You agree that we have the right to send you certain information in connection with the Platform. We may send you this and any other information in SMS to the mobile number you provided for your User Profile, or we may send you an e-mail to the address you provided for your User Profile, or we may send Push Notifications to the App. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the App. Notices provided to you via SMS, e-mail and/or Push Notifications will be deemed given and received on the transmission date of the SMS, e-mail and the Push Notification. As long as you access and use the App and/or the Website, you agree that you will have, or have access to, the necessary App or Website and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the App and/or the Website.

You may contact us through the email addresses provided under these Terms. In the event you are unable to contact us my electronic means, you may also contact us by telephone at +61 #insert.

22. Waiver

You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.

23. Questions And Comments

If you have any questions regarding these Terms, the Services, privacy or your use of the App or the Website, please submit them to us, using the email address, hello@urbanrenters.com.au