The guidelines that govern your use of Smart RentHub's property management services
These Terms of Service ("Terms") govern your use of the online property management services ("Services") provided by Smart RentHub ("Platform", "we", "us", or "our"). By registering, logging in, or otherwise accessing or using the Services, you ("User" or "you") agree to be legally bound by these Terms.
If you are entering into these Terms on behalf of an entity, such as your employer, you represent and warrant that:
In such cases, "you" and "User" refer to that entity.
If you do not agree to be bound by these Terms, you must not register, log in, or access or use the Services.
1.1 These Terms constitute the entire agreement between you and the Platform regarding your use of the Services.
1.2 These Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria.
2.1 Services: The property management functions provided by the Platform, including but not limited to property information management, lease processing, rent payments, and maintenance logs.
2.2 Subscription Fees: The periodic fees you pay to use the Services, quoted in Australian Dollars (AUD), inclusive of GST.
2.3 Account: The authorised identity granted to you upon registration to access the Services.
2.4 Invited Users: Third parties authorised by you to use the Services through your Account.
2.5 Personal Information: As defined in the Privacy Act 1988 (Cth), information that can identify a natural person.
2.6 Data Retention Period: The minimum period for which user data is retained (at least 7 years), as required by law or compliance needs.
2.7 Third-Party Code: Open-source or commercial third-party software included in the Services.
2.8 Third-Party Services: Third-party platforms, applications, plugins, services, or products that you choose to use with the Services, including those available through the Smart RentHub marketplace or other channels.
3.1 The Platform reserves the right to amend these Terms at any time. Material changes (e.g., changes to fees or core functionalities) will be notified at least 30 days before taking effect via announcements or your registered email.
3.2 Continued use of the Services constitutes acceptance of the amended Terms. If you do not accept the changes, you may cancel your Account and cease using the Services before the changes take effect (see Clause 16).
3.3 Non-material changes (e.g., wording adjustments or minor feature updates) may take effect immediately without prior notice.
4.1 You must provide true, accurate, complete, and up-to-date information during registration. You bear all risks arising from inaccurate information.
4.2 You are responsible for all activities under your Account, password, and Invited Users. If you detect any security risks (e.g., unauthorised access), you must immediately reset your password and notify the Platform via email.
4.3 The Platform is not liable for any losses resulting from your failure to promptly report security issues or improper Account management.
5.1 Upon payment of Subscription Fees and approval, the Platform grants you a non-exclusive, non-transferable licence to access the Services for internal property management purposes.
5.2 The Platform may adjust Service features due to product iterations, compliance, or business needs, with at least 14 days' notice via announcements or email. If you do not accept the adjustments, you may terminate the Services as per Clause 16.
5.3 Security Testing: The Platform conducts quarterly security tests to identify and fix vulnerabilities but does not guarantee absolute security against all risks, in line with industry standards.
6.1 The Platform commits to delivering the Services using industry-standard security technologies and making reasonable efforts to ensure system stability.
6.2 In the event of Service interruptions due to maintenance, upgrades, force majeure (e.g., natural disasters, cyberattacks), or third-party actions, the Platform will restore Services as soon as possible but is not liable for indirect losses (e.g., loss of profits or business interruption).
6.3 If the Platform detects illegal, infringing, or severely non-compliant User behaviour (e.g., uploading harmful content or malicious attacks), it may immediately suspend or delete the Account and related data, and reserves the right to pursue legal action.
6.4 Data Encryption: All data at rest and in transit is protected using industry-standard encryption to ensure security.
6.5 Data Processing Security: Inputs, outputs, and intermediate data are anonymised and desensitised to prevent reverse engineering or data breaches, in compliance with the Privacy Act 1988 (Cth).
7.1 Third-Party Code: These Terms apply to open-source and commercial third-party software included in the Services. The Platform ensures compliance with applicable laws and licences but makes no warranties regarding performance, compatibility, or availability.
7.2 Third-Party Services: You may choose to use the Services with third-party platforms, applications, plugins, or services ("Third-Party Services"), including those available through the Smart RentHub marketplace. Using Third-Party Services may require granting access to your Account data. If you enable a Third-Party Service, the Platform will permit such access on your behalf. Your relationship with the Third-Party Service provider is governed by their terms and privacy policies, not these Terms.
7.3 Disclaimer: The Platform is not responsible for the functionality, security, availability, or data handling of Third-Party Services, nor for any losses or disputes arising from their use. You should review the Third-Party Service's terms and privacy policies and assume all risks associated with their use.
8.1 You have the right to use the Services and receive reasonable technical support during the subscription period (via support email).
8.2 You must not upload or disseminate illegal, harmful, infringing, or rights-violating content (e.g., defamatory or obscene material). Violators will have their content removed, Accounts suspended, and may face legal liability.
8.3 You are responsible for backing up your Account data. The Platform is not liable for data loss due to user error or failure to back up.
8.4 Prohibition on Unauthorised Data Collection: Without the Platform's written consent, no individual or automated tool (e.g., crawlers, bots, scripts) may collect, scrape, monitor, or store Platform content or user data. Violators will bear full legal and financial responsibility.
9.1 The Platform will only collect Service usage data related to property and lease management (e.g., property details, lease terms) after obtaining your explicit consent via the interface, with clear disclosure of the scope and purpose (e.g., optimising property management features).
9.2 You may withdraw consent at any time via the "Privacy Settings" in your Account. Upon withdrawal, the Platform will cease collecting new data, but previously collected data will remain for Service improvement and compliance purposes and will not be deleted.
9.3 All collected data is immediately anonymised, desensitised, and encrypted during storage and transmission to ensure it cannot identify individuals, in compliance with the Privacy Act 1988 (Cth).
10.1 Subscription Fees are quoted in AUD, inclusive of GST, and are prepaid monthly or annually. No refunds are provided except for special promotions.
10.2 In case of payment failure, the Platform will attempt to retry payment 4 times. If unsuccessful, the Platform may suspend or terminate the Services (see Clause 16).
10.3 Overdue amounts will incur interest at 2% per month or the maximum rate permitted by law, and the Platform may recover reasonable collection costs.
11.1 User Content: You retain ownership of content uploaded or generated (e.g., property information, lease documents). To provide and optimise the Services, you grant the Platform a worldwide, non-exclusive, royalty-free, sublicensable licence to use such content solely for Service-related purposes (e.g., generating reports or data analysis).
11.2 Platform Intellectual Property: The Platform owns all intellectual property rights in its systems, interfaces, code, documentation, and models. You may not copy, reverse-engineer, or use them for other purposes without written consent.
11.3 Aggregate Data: The Platform may use anonymised, de-identified aggregate data (e.g., lease statistics, maintenance trends) for analysis, statistics, and commercial purposes (e.g., market research), provided it does not disclose identifiable Personal Information.
12.1 Your privacy is of utmost importance to us. Our Privacy Policy, which details how we collect, use, disclose, and protect your personal information, forms an integral part of these Terms. By using the Services, you consent to the practices described in the Privacy Policy.
12.2 The Platform complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), implementing reasonable technical and organisational measures (e.g., multi-factor authentication, access controls) to protect Personal Information.
12.3 If you provide the Platform with personal information about another individual, you represent and warrant that:
(a) You are authorised to disclose that personal information to the Platform in compliance with applicable data protection and privacy laws, including but not limited to the Privacy Act 1988 (Cth); and
(b) You have obtained all necessary consents and provided all required disclosures to allow the Platform to process that personal information in accordance with our Privacy Policy.
12.4 The Platform will not disclose Personal Information to third parties except to provide the Services, comply with legal obligations, or with your explicit consent.
12.5 In the event of a data breach, the Platform will notify affected users and the Office of the Australian Information Commissioner (OAIC) within a reasonable timeframe (typically 30 days), as required by the Privacy Act, and take remedial action.
12.6 Data Processing Agreement (DPA): The Platform acts as a data processor, processing data only per your instructions, and ensures that subprocessors (e.g., cloud providers) adhere to equivalent privacy standards.
13.1 Upon Account cancellation, the Platform will retain business and Personal Information in a read-only frozen state for at least 7 years, during which data can only be exported, not restored.
13.2 During the retention period, you may request data export via support email, and the Platform may charge reasonable fees (based on actual costs).
13.3 After the retention period, unless legally required otherwise, the Platform will securely destroy or anonymise the data and notify you via your registered email.
14.1 The Services are provided "as is". The Platform endeavours to meet industry standards but makes no express or implied warranties regarding continuous availability, fitness for a particular purpose, or uninterrupted operation.
14.2 For non-excludable warranties under the Australian Consumer Law (ACL), the Platform will fulfil its obligations to the extent permitted by law (e.g., repair or refund). All other warranties (express or implied) are expressly excluded.
14.3 The Platform is not liable for issues arising from Third-Party Code, Third-Party Services, or user actions.
15.1 The Platform is not liable for any indirect, consequential, punitive, or incidental losses (e.g., loss of profits, goodwill) arising from the use or inability to use the Services, including issues related to Third-Party Code or Third-Party Services.
15.2 For direct losses, the Platform's maximum liability is limited to the total Subscription Fees paid by you in the preceding 12 months.
15.3 These Terms do not exclude liability for the Platform's wilful misconduct, gross negligence, or any liability that cannot be excluded by law.
16.1 The Platform may immediately suspend or terminate your Account without refund if you materially breach these Terms (e.g., uploading illegal content, non-payment, or unauthorised data collection).
16.2 You may cancel the Services at any time via the "Subscription Management" page. Upon cancellation, the 7-year data retention period under Clause 13 begins, during which data can only be exported. After this period, data will be securely destroyed or anonymised.
16.3 The Platform may terminate the Services for business or compliance reasons with 60 days' written notice via announcements or email.
17.1 These Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria.
17.2 In the event of a dispute, the parties shall first attempt to resolve it amicably within 30 days. If unresolved, the dispute shall be submitted to the exclusive jurisdiction of the courts of Victoria.
18.1 Neither party is liable for delays or failures in performance due to events beyond their reasonable control (e.g., natural disasters, government actions, cyberattacks), but must promptly notify the other and take reasonable steps to mitigate the impact.
19.1 Unless otherwise specified, all notices will be sent to your registered email address and are deemed received upon sending.
19.2 You must ensure your registered email is accurate and updated. Changes must be notified to the Platform via email in advance.
20.1 Third-Party Services or Links: The Platform may display links or advertisements for third-party services. Clicking these links will redirect you to third-party websites or applications.
20.2 User-Provided Information: Any personal information you provide on third-party pages is collected and processed by the third party, not the Platform. The Platform does not share your data with third parties unless you explicitly authorise such sharing.
20.3 Disclaimer: The Platform makes no warranties or representations regarding the content, security, availability, or data handling of third-party websites or services and is not liable for any disputes or losses arising therefrom. You should resolve any issues directly with the third party.
20.4 User Advisory: We recommend that you review the privacy policy and terms of service of any third-party website before providing personal information or proceeding with transactions.
21.1 Marketing Consent: With your explicit consent, the Platform may use your contact details (e.g., email, phone) to send marketing information, product updates, or promotional offers.
21.2 Unsubscribe Mechanism: You may withdraw consent at any time via the "unsubscribe" link in marketing emails or through your Account settings. The Platform will cease sending marketing communications within 7 business days.
21.3 Compliance: The Platform complies with the Spam Act 2003 (Cth), ensuring all marketing communications include valid consent and unsubscribe options.
22.1 Data Scope: With your explicit consent, the Platform may use anonymised property management data (e.g., property details, lease terms, rent payments, maintenance logs) for internal analysis and Service improvement.
22.2 Opt-Out for Paid Users: Free users participate in data sharing by default with no opt-out. Paid subscribers may opt out of future data sharing via "Privacy Settings". Upon opting out, new data will not be used, but previously included data may still be used for Service stability.
22.3 Purpose Limitation: Shared data is solely used to enhance the Platform's features and not for other commercial or research purposes.
22.4 Data Security: All shared data is anonymised, desensitised, and stored/transmitted in encrypted form to prevent identification or data breaches.