: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, we, our or us).
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.
1. Platform and Services
1.1 Different provides the following property agent services through the Platform:
(a) letting residential properties, including through:
(ii) assessing tenant applications; and
(iii) arranging agreement signing and premises handover;
(b) managing residential properties, including:
(i) collecting rental payments from tenants and on-paying such payments to landlords;
(ii) collection, lodgement and release of rental bonds;
(iii) management of receipt and payment of bills, rates and taxes;
(iv) receiving notification of repairs and maintenance requested by tenants, organising approval or rejection of such repairs and maintenance by landlords, organising completion and checking of such repairs and maintenance;
(v) monitoring lease compliance; and
(vi) managing disputes relating to a property managed by Different; and
(c) organising and carrying out end of tenancy tasks.
1.2 By using the Platform you consent to us contacting you through the Platform and any other means including email, telephone, social media, and SMS.
2. Registration process
2.1 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.
2.2 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.
2.3 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.
2.4 To receive the Services from us:
(a) landlords must sign, return to us, and comply with, a management agency agreement (Agency Agreement), which will be the primary document if there is any conflict with these Terms; and
(b) tenants must sign, return to us, and comply with, a residential tenancy agreement (Tenancy Agreement), which will be the primary document if there is any conflict with these Terms.
2.5 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 email@example.com 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.
2.6 You may also access your Account and the Platform using biometric data where this is made available by Different.
3. Your use
3.1 As a condition of your use of the Platform, you must:
(a) be at least 16 years of age; and
(b) use the Platform and the Services only in accordance with these Terms, and, where applicable, your Agency Agreement or Tenancy Agreement.
3.2 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.
3.3 You must comply with all applicable laws.
3.4 You must not, and must not permit, direct or encourage or assist any third party to:
(a) pretend to be someone else;
(b) engage in any unlawful practices or procedures;
(c) provide any information that:
(i) is false, inaccurate, unauthorised, illegal, incomplete, fraudulent, unlawful, threatening, defamatory, libellous, obscene, indecent, inappropriate, harmful, abusive, racist, inflammatory, pornographic material or any material that;
(ii) infringes any third party's rights (such as intellectual property, privacy, publicity or contractual rights); or
(iii) could give rise to civil or criminal proceedings.
(d) restrict anyone else from using the Services or the Platform;
(e) upload or transmit any malware, virus or other disabling or destructive feature;
(f) interfere with, disrupt, or create an undue burden on the Platform or any associated systems;
(g) frame or mirror any part of the Platform, or engage in any screen scraping or data acquisition or consolidation, without our prior written approval;
(h) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
(i) use or attempt to use any engines, software, tools, or other mechanisms (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the commonly recognised search engine and agents, and other than generally available third party web browsers.
3.5 You must arrange and pay for any method through which you access the Platform.
4. Maintenance and repair work
4.1 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).
4.2 Different does not guarantee that a maintenance request lodged by a tenant will be responded to or acted upon.
4.3 Contractors asked to provide quotes for Work:
(a) must make all reasonable enquiries about the nature of the Work, and if any failure to make such enquiries results in additional time or expenditure on the part of the contractor in completing the Work, the contractor must bear that expense; and
(b) acknowledge that any information in relation to the fault or damage has not been created by Different and Different does not warrant the accuracy or completeness of that information.
4.4 Different does not guarantee the performance, quality or cost of any Work undertaken by contractors.
4.5 Contractors who are engaged to provide Work must:
(a) use all reasonable endeavours to:
(i) start and complete the Work within agreed timeframes;
(ii) notify Different as soon as they become aware of any delays;
(b) ensure that Work is completed:
(i) in accordance with the agreed quote and scope of Work;
(ii) in a good and workmanlike manner;
(iii) using new materials of merchantable quality and which are fit for their purpose;
(c) comply with all applicable laws;
(d) comply with the reasonable directions of Different;
(e) warrant that they have appropriate experience to provide the Work;
(f) maintain, and upon request provided evidence of, current policies of insurance sufficient to cover all damages, liabilities and obligations arising in connection with the Work undertaken by those contractors at our request, including public liability insurance, product liability insurance and workers compensation insurance; and
(g) provide such information, photos and other documentation as Different may require from time.
4.6 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.
4.7 These Terms supersede any other terms in relation to a contractor's Work to the extent of any inconsistency.
4.8 The terms of payment for any maintenance or repairs will be as communicated to you from time to time.
5. Tenant payments and communications
5.1 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.
5.2 Any communications from and to the tenant:
(a) may be viewed by the owner of the relevant property; and
(b) in relation to maintenance may be viewed by one or more service providers approved by Different.
6. Intellectual property and content
6.1 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:
(a) are solely responsible for that Content;
(b) must ensure that you have all necessary rights to provide that Content, and that your provision of such Content does not breach any laws or third party rights; and
(c) grant to Different a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, distribute, store, modify and otherwise use your Content in connection with the Platform and/or the Services, including by using any part of the Content and your first name to promote Different.
6.2 If any Content contains your name, voice, image or likeness, or the name, image, voice or likeness of a third party, you:
(a) warrant that you have all necessary authorisations and consents from those third parties; and
(b) indemnify and will keep indemnified Different from all costs, claims, expenses and liability made by you or any third party in relation to Different's use of such name, image, voice or likeness.
6.3 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.
6.4 Information made available on the Platform, including recommendations and advice and any calculators, is for general information purposes, is indicative only, and does not take into account your specific circumstances. Any reliance you place on such information is at your own risk, and we are not responsible for it. Before acting on any information provided on the Platform it is your responsibility to:
(a) consider whether it is appropriate for your purposes;
(b) carry out your own research; and
(c) seek additional advice where necessary.
6.5 Information provided from a calculator or other automated generation of information made available on the Platform is not:
(a) financial, legal, real estate, insurance or business advice; and
(b) a quote or guarantee from, or binding on, us.
6.6 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.
7. Additional Terms and website links
7.1 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.
7.3 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.
8. Optional First Year Free Landlord’s Insurance and Rent Guarantee Service
8.1 We are able to provide an optional First Year Free Landlord’s Insurance (Landlord’s Insurance) to landlords who qualify and agree to the terms and conditions relating to this Landlord’s Insurance contained in Schedule B to these Terms.
8.2 We are able to offer an optional rent guarantee service (Rent Guarantee Service) in addition to those services set out in paragraph 1.1 above to landlords who meet the qualifications contained in Schedule A to these Terms (Qualifying Landlords).
8.3 Qualifying Landlords must have an Agency Agreement and a Tenancy Agreement with a qualifying tenant (Qualifying Tenant) for their respective property in place in order to qualify for the Rent Guarantee Service.
8.4 The Rent Guarantee Service is an optional service where we will cover the rental payments for a specific period of time as a result of a Qualifying Tenant failing to pay rent under a qualifying tenancy agreement (Qualifying Tenancy Agreement).
8.5 The terms and conditions relating to this Rent Guarantee Service are contained in Schedule A to these Terms. The Rent Guarantee Service is independent and separate from the insurance cover required by a Qualifying Landlord and is not a separate insurance policy. The Rent Guarantee Service is a contractual agreement between us and a Qualifying Landlord.
8.6 The terms set out in bold print in this paragraph 8 are more fully defined and explained in the Schedule A to these Terms.
9.1 If you have a complaint about the Platform or the Services please contact us at firstname.lastname@example.org. You must attempt to resolve any dispute with us in good faith, prior to commencing any form of litigation or legal proceedings.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 Any terms which by their nature should continue to apply will survive any termination or expiration of these Terms.
11.1 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:
(a) your use of or access to the Platform or the Services;
(b) your reliance on any information provided through the Platform;
(c) any breach by you of these Terms; or
(d) any wilful, unlawful or negligent act or omission by you or any third party who obtained access to the Platform or Services through you.
12. Limitation of liability
12.1 To the extent permitted by law:
(a) the Platform is provided "as is";
(b) Different does not guarantee, warrant or represent that the Platform or the Services will meet your requirements, be fit for purpose, or be free from, without limitation, interruption, loss, corruption, technologically harmful material, errors, or omissions;
(c) Different excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights; and
(d) Different excludes all liability for any advice or recommendations provided by it, including in relation to contractors engaged to carry out maintenance work on premises.
12.2 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.
12.3 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.
12.4 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).
13.1 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.
13.2 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.
13.3 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
13.4 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.
13.5 The use of "including", "such as" and similar words or phrases are not words or phrases of limitation.
13.6 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.
14.1 By entering into the Agency Agreement, I confirm that:
14.1.1 I agree and accept the Terms; and
14.1.3 there is no existing dispute, issue or problem which has occurred or is currently ongoing at the property to be managed by Different; and
14.1.4 the rent and all other payments to be made by the tenant under the tenancy agreement entered into with a tenant of the property to be managed by Different is currently up to date and not in arrears; and
14.1.5 the tenant has paid in full and the landlord has received under a tenancy agreement relating to the property to be managed by Different a bond for a sum being the equivalent of four (4) weeks rent under that tenancy agreement; or
14.1.6 if there is no existing tenant for the property to be managed by Different, I understand that a four (4) week bond must be collected under any future tenancy agreement for the property.