DIY Property Management Terms & Conditions

Conditions of Use

General

You may access and use this Website on the Conditions set out below and on the Website for the purpose of managing a residential rental property in Australia on a non-commercial basis.

You acknowledge that We are not acting for You in the capacity of a real estate agent.

The information provided on the Website is not a personal professional advice and you not regard it as a substitute for that advice. You should seek relevant professional advice including legal, accounting and financial while using the Website or the Documents.

Interpretation

In these Conditions, unless the context required otherwise, the following terms shall have the following meanings:-

“Advice” means the email advice given to a Registered User who is a subscriber;

“Conditions” means the terms and conditions contained in this document;

“Documents” means the templates and other documents published on the website by Us for use by You as registered user;

“Material” means the information in whatever form put onto the website by You;

“Private Use” means the private and non-commercial use of the Website and Documents by a Registered User with respect to property owned by them.

“Registered User” means a person who has created a login on the Website and who has a paid up Subscription;

“Subscription” means a person who has created a login on the Website and has paid for an access;

“Us”, “We”, “Our” means Tommo Pty Ltd atf the Peter Wundersitz Real Estate trust trading as DIY Property Management and Our officers, employees, contractors and agents;

“You”, “Your” or any grammatical derivation of this means the creator of the username and password provided to create a login account on Our website;

“Website” means the website www.DIYPropertyManagement.com.au and any other website owned and managed by Us, but not including any third party websites;

These Conditions are governed by the law of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.

In the interpretation of these Conditions:

References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

Grammatical forms of defined words or phrases have corresponding meanings;

Parties must perform their obligations on the dates and times fixed by reference to South Australia;

Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

References to a party are intended to bind their executors, administrators and permitted transferees;

Obligations under these Conditions affecting more than one party bind them jointly and each of them severally.

Availability of service

We do not guarantee that this Website will be accessible by You at all times as We rely on communications links and networks over which We have no control. However, We will use Our best endeavours to have the Website network running continuously.

We do not warrant that Your access will be uninterrupted, timely, secure or error-free.

Access to the Website may be suspended either with or without notice should We need to maintain or repair the website or there is a system failure.

We have the right to change or discontinue the Website, the Documents and any price, service or feature found on it at any time.

Accuracy of Information

As a Registered User You warrant that any information You put onto (upload) the Website is:-

  • Complete and accurate
  • Up to date
  • Not misleading
  • Not defamatory
  • That You are authorised to put the information on the Website

Privacy and Data Protection requirements

The Website is for Your Private Use only and You must not use it for any commercial purpose.

You must not use the Website:

  • For any unlawful purpose
  • To undertake any activity that would breach the Privacy Act 1988 (Cth) even if that Act does not apply to You
  • To undertake any activity that would breach the Spam Act 2003 (Cth)
  • To impersonate any person or entity
  • To solicit any money, personal information, passwords,
  • To cause offence or harm any person or to harass or bully any person
  • To defame a person
  • To conduct surveys, contests, pyramid schemes or chain letters on the Site
  • To introduce any form of malicious software into the Site or Services; or
  • To collect information about others on the Site without their consent.

You consent to Us contacting You through the Website.

Advertising

You may choose to use the advertising service advertised through the Website.

If You do, We will upload your information to third party websites.

You are solely responsible for the content of your listings and any errors or omissions in your listings – our role is one of publisher;

We may, at our discretion, remove or amend some or all of your listings if you are, in our reasonable opinion, in breach of your obligations

Categorisation of rental properties

DIY Property Management will only list residential rentals. Only properties available for vacant possession are to be listed under residential rentals. We do not advertise shared rooms or holiday rental properties.

The following listings may be listed under residential rentals:

  • individual rooms within a multi-room complex that are rented on a separate tenancy basis (even if access to common areas is shared with other individual tenants); and
  • individual rooms within a student accommodation complex. Each listing must be tailored to the room being advertised. We will not allow use of a generic template for listings of multiple rooms.

Listing holiday rental properties under residential rentals is not permited. We will have discretion to determine whether a listing is for a holiday rental listing for this purpose. Without limiting that discretion, we may deem a rental listing for duration of 3 months or less to be a holiday listing.

Termination or suspension of advertisement by us

Without limiting our other rights, we may immediately terminate, suspend or temporarily remove any of your listings if:

  • any of your warranties or representations are incorrect;
  • you are in material breach of your obligations under this Agreement

Tenant Checking System

You may choose to use the tenant Checking system service on Our the Website.

You must not use the Tenant Checking System unless you have a signed application form from the tenant in your possession or control giving you permission to contact references and do a database check.

Documents and eBooks

Documents available on the Website are designed for use for the State for which they are indicated in the Document.

You must not use Documents:

  • for any State other than that indicated or
  • for any purpose other than for Your Private Use or
  • for any reason other than as described on the document.
  • You may access and use the Documents at any time whilst You are a Registered User.
  • without Our written consent alter, copy, distribute, display, reproduce, publish, sell or license the Documents.

You acknowledge that they may contain inaccuracies, errors or mistakes. You should carefully review any Document accessed or created through the Website before use to ensure that it contains no mistakes, inaccuracies or errors and is appropriate to your circumstances.

All documents will be in English;

Use of the Documents is affected by factors outside of our control, including the software on your computer. You will require one of the following versions, in order to use the Documents:

  • For Windows: MS Word documents and spreadsheets: MS Word 2007 or later
  • Excel spreadsheeds: Microsoft Excel 2007 or later
  • For Macs: OS X: Microsoft Office 2011 for Mac
  • Mac OS: Micorsoft Office 2001
  • For Android: MS Office 16 or later (Android KitKat or later)
  • For iOS: MS Office 1.1 or later (iOS 7 or later)
  • PDF Documents: the latest version of Adobe Acrobat Reader or similar PDF reader software

Customer Support

We are not accountants or lawyers and we will not provide you with, accounting advice, legal advice, legal representation, advice on tenancy tribunal procedures or outcomes. It is your responsibility to seek professional advice from your own legal and accounting advisers.

We will use Our best endeavours to respond to Your request for support within one business day of receipt of Your query.

Advice will be current for the State in which the property You are managing is located.

If We ask you for any additional information so that we can provide you with Advice, you must provide this You must provide Us with any additional information We ask for within a reasonable time.

Intellectual Property

Copyright in the Website and all the Documents on it belong to Us. Apart from fair dealing as permitted by the Copyright Act 1968 We grant to You the right to download and use the Documents for the sole purpose of private property management by You. We own the trade marks.

Personal and Confidential Information

You consent to us providing information, including personal information and Confidential Information, to (i) our related bodies corporate to provide information, products and services to you, and to (ii) third parties, including the agents, contractors and sub-contractors, who assist us in providing information, products and services to you.

We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

These obligations do not apply to Confidential Information that:

  • is authorised to be disclosed;
  • is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
  • is received from a third party, except where there has been a breach of confidence; or
  • must be disclosed by law or by a regulatory authority including under subpoena.

The obligations under this clause will survive termination of these Terms and Conditions.

Third Party Websites

The Website may contain links to third party websites. These websites do not form part of the Website and You acknowledge that We have no control over or responsibility for those websites.

When You leave the Website, to link to a third party website You do so entirely at Your own risk. We disclaim all responsibility for the accuracy or reliability of the website or the services or information that may be contained on that third party website. We will not be liable to You for any direct or indirect loss or damage that You may suffer as a result of accessing or relying on such third party websites.

Display advertising on the Website whether or not such advertising contains a link to a third party website does not mean that We endorse or recommend the service of product being advertised.

Restricting Access

We reserve the right to restrict or terminate your access to the Website and any of our services at any time without notice.

Competitors

Competitors including businesses offering online tenancy management services or documents of any kind for the purpose of allowing landlords to manage properties are not permitted to access or use any Documents and are not permitted to use our Website.

Liability

To the extent permitted by law, We exclude all express or implied representations, conditions, warranties and terms relating to the Website and the Documents or the Advice except to the extent set out in these Conditions.

We will not be liable to You or anyone else for any claim, expense, loss or damage You may suffer or incur at all as a consequence of using the Website, the Documents, the Advice or any third party website including for any that claim, expense, loss or damage is direct, indirect, consequential or incidental.

To the extent We are not able to exclude Our liability, Our total liability to You for any loss or damage You may suffer or incur will be limited to the re-supply of the services to You or at Our option to Us refunding the amount You have paid Us for the services in the previous 12 month period.

Miscellaneous

You indemnify Us against any claim, expense, loss or damage whatever incurred by Us directly or indirectly, as a result of a breach by You, or other person or corporation using or relying on the Website and Documents if Your login has been used.

You cannot assign Your rights and obligations under these Conditions.

You warrant that You have relied entirely Your own enquiries in Subscribing to the Website and no oral or written communication by Us.

Any provision of these Conditions which is unlawful and unenforceable will be severed and the remainder of the provisions will remain in force.

Any notice or other communication to You or Us must be in writing and delivered by email to the email address last notified and that email it will be treated as received when it enters the recipient’s information system.

We may alter these terms and conditions at any time. Should you object to any of our terms of use or other notices on our platform your sole option is to immediately cease your use of our platform. Your acceptance of the varied Conditions will be indicated by Your continued use of the Website.

Breaching this policy

If you use the Service in a way that breaches this terms and conditions policy, you are in breach of a material obligation in your agreement with DIYPropertyManagement.com.au for your use of the Service.

Breaching this Policy may result in us taking action to remedy the breach. This might include: terminating or suspending your service; deleting a specific listing, not permitting a listing to be uploaded to the real estate sites in the first place or any other action that we are permitted to take under our agreement with you and according to law.

If We believe that you are acting contrary to the spirit of the Website, or are using the Website or the Documents for commercial gain or in a manner which could damage our business or reputation, we reserve the right to suspend any advertisement or deny access to database searches.

If We cancel your rental advertisement we will be under no obligation to refund any money paid by you to Us

© DIY Property Management

Last update August 2017