:Different Terms Of Service

The Different website www.different.com.au and any associated apps or blog (Platform) and services that we provide through the Platform ( Services) are operated by Different Technologies Pty Ltd ACN 615 060 118 trading as Different ( Different,weour or us).

Your access to and use of the Platform is subject to these terms and conditions and the Different Privacy Policy ( Terms). Your access and use of the Platform and Services indicates your acceptance of the Terms. If you do not agree to the Terms, you must not use the Platform or the Services.

We may change or update the Terms from time to time at our sole and absolute discretion with or without prior notice to you, provided they do not materially affect your access to the Platform or use of the Services. Such changes will be effective immediately and incorporated into these Terms. You should review these Terms regularly for any changes and your continued use of the Platform and Services will be deemed to be your acceptance of the modified Terms.

Platform and Services

  1. Different provides the following property agent services through the Platform:
  2. By using the Platform you consent to us contacting you through the Platform and any other means including email, telephone, social media, and SMS.

Registration process

  1. Tenants and owners can create a user account to use the Platform ( Account) by following the steps included in an invitation we send to you by email or SMS.
  2. You must provide such verification documentation as Different may request. All documents provided to Different must be certified by a person who is authorised to certify documents https://www.legislation.gov.au/Details/F2016C00590. Different may request certified copies of your passport, drivers licence, birth certificate, citizenship certificate, other photographic identification, council rates notices, pay slips or other evidence of employment, a written reference verifying an association with a financial body of at least 12 months, Medicare card, Land Titles Office records, public utility records (such as phone, internet, water, gas or electricity bills), bank records, or documents from a licensed real estate agent (such as a previous lease/rent agreement, receipts or a confirmation letter). If a document is not in English it must be accompanied by a certified translation.
  3. Different may use tools to verify your identity and references ( Verification Tools). Verification Tools may include mobile phone verification technology, or verification of payment information.
  4. To receive the Services from us:
  5. When you create your Account you will create a password to access the Platform and use the Services. You must not disclose your password or username to any third party. You must contact us immediately at hello@different.com.au if you believe that your password or username have been compromised or disclosed to a third party. You are solely responsible for any use of your username and password.
  6. You may also access your Account and the Platform using biometric data where this is made available by Different.

Your use

  1. As a condition of your use of the Platform, you must:
  2. You must ensure that any information you provide is accurate and complete, and will not be misleading, deceptive or likely to mislead or deceive. You will be solely responsible for all costs, losses or expenses suffered or incurred by Different as a result of inaccurate, incorrect, incomplete or unlawful information.
  3. You must comply with all applicable laws.
  4. You must not, and must not permit, direct or encourage or assist any third party to:
  5. You must arrange and pay for any method through which you access the Platform.

Maintenance and repair work

  1. These Terms will, where the context requires, apply to any Contractor who has been asked to provide quotes for, or who provides or performs, any maintenance, repair or other work ( Work).
  2. Different does not guarantee that a maintenance request lodged by a tenant will be responded to or acted upon.
  3. Contractors asked to provide quotes for Work:
  4. Different does not guarantee the performance, quality or cost of any Work undertaken by contractors.
  5. Contractors who are engaged to provide Work must:
  6. If, after completion of the Works, there is any defect in the Work, Different may give the contractor notice within a reasonable time in its absolute discretion a direction to either re-supply the non-conforming or defective Work, or provide Different with a refund or credit in respect of the non-conforming or defective Work.
  7. These Terms supersede any other terms in relation to a contractor's Work to the extent of any inconsistency.
  8. The terms of payment for any maintenance or repairs will be as communicated to you from time to time.

Tenant payments and communications

  1. Tenants must pay rent and other amounts payable under their residential tenancy agreement to Different as the landlord's agent and must do so by either direct debit or credit card only, unless otherwise agreed in writing.
  2. Any communications from and to the tenant:

Intellectual property and content

  1. With respect to the content, photos, videos, images, trademarks, logos, brands, commentary, feedback, testimonials or other materials you provide to Different, through the Platform or otherwise, ( Content), you:
  2. If any Content contains your name, voice, image or likeness, or the name, image, voice or likeness of a third party, you:
  3. All images, information and material provided by Different on the Platform or as part of the Services are owned by Different or its licensors. You must not copy, modify, distribute, prepare derivative works of, display, publish, or adapt any images, information and material on the Platform or provided as part of the Services without obtaining Different's prior written consent.
  4. All images, information and material provided by Different on the Platform or as part of the Services are owned by Different or its licensors. You must not copy, modify, distribute, prepare derivative works of, display, publish, or adapt any images, information and material on the Platform or provided as part of the Services without obtaining Different's prior written consent.
  5. Information provided from a calculator or other automated generation of information made available on the Platform is not:
  6. Provision of the Services may include photographs and videos being generated by us or other users which may include the faces, voices and other personal information of you and any other person and you consent to such media being used for the purpose of providing and marketing the Services.

Additional Terms and website links

  1. Some areas of the Platform, and some types of services may have additional terms and conditions. We may make special offers available to new and existing users from time to time, including where new users have been referred to us. Additional terms and conditions will apply to those special offers. Where additional terms apply, we will make them available for you to read. By using those areas of the Platform, those services, or accepting special offers, you agree to the additional terms.
  2. The Platform may contain links to sites not owned or operated by Different. These links are not referrals, sponsorships or endorsements of the linked sites by Different. We are not responsible for any linked websites. You should familiarise yourself with the terms and conditions and privacy policy of any site to which you link. We may receive fees, commissions or other reward from third parties for introductions to a third party site.
  3. You may put links on your site pointing to our Platform provided that all links must comply with these Terms. If directed by Different, you agree to immediately remove any links from your site if Different deems the links to be misrepresentative of its brand, image and reputation in any way, or for any other reason in Different's sole discretion.

Complaints

  1. If you have a complaint about the Platform or the Services please contact us at hello@different.com.au. You must attempt to resolve any dispute with us in good faith, prior to commencing any form of litigation or legal proceedings.

Termination

  1. We may terminate or suspend your use of the Platform and/or your Account where you have, or we reasonably suspect that you may have, breached any of the Terms, your Agency Agreement, your Tenancy Agreement, or where required by law.
  2. Your access to and use of the Platform will automatically cease 12 months after termination of your Agency Agreement or Tenancy Agreement, unless the context otherwise requires.
  3. Upon termination of your Account or your access to the Platform or Services for any reason, we will permanently delete your Account after two months.
  4. Unless otherwise agreed with us or stated in these Terms, we are not liable to you or any third party for any damages, liabilities, losses that a user or any other third party may incur, as a result of any termination or suspension of your access to the Platform, use of the Services or your Account under these Terms.
  5. Any terms which by their nature should continue to apply will survive any termination or expiration of these Terms.

Indemnity

  1. You agree to defend and fully indemnify and hold us and our affiliated companies (and our officers, directors, employees, consultants, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including without limitation legal costs and expenses on a full indemnity basis), including without limitation in tort, contract or negligence, arising out of or connected to:

Limitation of liability

  1. To the extent permitted by law:
  2. Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) (CCA) including without limitation the Australian Consumer Law.
  3. To the extent permitted by applicable law, Different will not be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss, damage or claim including: loss of profits; data loss or breach; loss of goodwill; damage to reputation; loss of revenue, contract, business or anticipated savings.
  4. If we are not able to exclude liability, to the extent permitted by law our aggregate liability for all claims relating to the Platform and the Services will not exceed fifty Australian dollars (or equivalent).

General

  1. If any part of the Terms is unenforceable the enforceability of any other part of the Terms will not be affected. All other terms will remain in full force and effect.
  2. No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms. In particular you have no authority to bind Different, its related entities or affiliates in any way whatsoever.
  3. No waiver of any term of this Terms will be deemed a further or continuing waiver of that term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision
  4. These Terms may be assigned or novated by us to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms.
  5. The use of "including", "such as" and similar words or phrases are not words or phrases of limitation.
  6. These Terms are to be construed in accordance with the laws of New South Wales, Australia, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.