In these Terms of Service, "we", "us" “Rental Heroes” and "our" means Rental Heroes Pty Ltd, Victoria, Australia, contactable at email@example.com.
By accessing or using the Services the Client agrees to be bound by these Terms of Service.
We may revise these Terms of Service from time to time, and we will endeavour to provide the Client with reasonable notice when we do so. Such notice may be displayed on the Website (or associated application) and/or sent to the Client’s registered email address.
By creating a Rental Heroes account or otherwise accessing or using the Services, the Client (and all individual Users accessing or using the Services on Client’s behalf) accept and agree to be bound by these Terms of Service. A User may only use the Services in accordance with these Terms of Service. These Terms of Service apply to the provision and use of the Services (including any free trial of the Services) at all times.
b. Non-compliance with these Terms of Service
If a Client, or any other User in relation to the Client’s account, does not comply with these Terms of Service, Rental Heroes may, cancel or suspend that Client’s account and refuse to provide the Services to that Client.
In order to access certain functionality of the Services, the Client must register an Account.
When the Client registers an Account, the Client undertakes to provide accurate and complete information and represent itself only.
The Client is solely responsible for keeping their username and password secure and the use of their Account, regardless of who is using it (even if it is used without the Client’s permission).
Rental Heroes may, from time to time, open an account for a Client with the Client’s permission and such account will be the responsibility of the Client.
When the Client first signs up for access to the Services, the Client may be permitted a no-obligation, time-limited trial of the Services (or a component of the Services) under the defined trial usage conditions notified to the Client. Such trial usage conditions are incorporated into, and form part of, these Terms of Service.
If the Client then chooses to continue using the Services, the Client will be invoiced from the day the Client first adds billing details into the Services. If the Client chooses not to continue using any of the Services, the Client may delete their account by emailing firstname.lastname@example.org.
The Client may request to provide Users with access to the Services. The Client will ensure there is a mechanism through which we can accurately identity the User accessing the Services. We may, from time to time, change and/or reset any Authentication Credentials by written notice to the Client.
The Client is responsible for the use of the Services by the Users (which includes ensuring Users are aware they must comply with these Terms of Service).
The Client is responsible for resolving any dispute between the Client and User regarding access to the Services.
The Client will immediately notify to take immediate steps to disable an issued Authentication Credential if:
A User ceases to be employed by, contracted to, or otherwise authorised by the Client to use the Services;
any Authentication Credentials are lost, stolen, missing or otherwise compromised; or
The Client become aware of any breach of these Terms of Service by a User.
Users may only access the Services through the interfaces provided by Rental Heroes and must not use the Services for any malicious means, or to abuse, harass, threaten, intimidate or impersonate any other User of the Services.
A User must not, without the prior written consent of Rental Heroes, cause the Services to be prejudicially affected or contested, make any alterations to the Services, assist or encourage any third party application to connect to and read data from the Services, or engage in, or assist others to engage in, the reverse engineering, disassembly or decompilation of the Services.
In using the Services, the Client must not:
violate any applicable laws, or use the Services for any purpose that is unlawful;
send spam or unsolicited messages or other communications;
support or carry any emergency calls to any medical rescue, emergency, or law enforcement agency, service or provider of any kind;
engage in any other conduct that is improper orbring us or the Services into disrepute.
Rental Heroes designs and delivers quality software. We pride ourselves on deploying changes to the software with near zero downtime – we strive to ensure that our software will always be ready for the Client no matter what.
Whilst we endeavour to make the Services available at all times, Client’s access to the Services may be affected by our network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance or development purposes, interruptions which generally affect the internet.
We may also temporarily limit or suspend access to the Services, with immediate effect, where it is reasonably necessary (including for security, maintenance or public safety reasons, or if there are interoperability, data protection or other operational or technical reasons), and where practicable we will notify the Client in advance.
If interruptions or errors occur due to circumstances within our control, we will try to resolve them in a timely way in order to restore Client’s access.
If the Client experience any technical problems, and the Client requires technical help, please check the support provided on the Website, or email us at email@example.com.
The Client agrees to pay the Subscription Fees to use the Services in accordance to Client’s Subscription Type. All Subscription Fees are:
in Australian dollars and exclusive of GST;
are payable in advance for each monthly or annual period commencing on the date of Client’s registration and each anniversary thereafter (each a Billing Period);
non-refundable (unless otherwise specified in these Terms of Service); and
A surcharge may apply for the use of certain credit cards, in which case the Client will be notified at the time the Client provides credit card details.
Invoices will be issued after we have successfully processed the Client’s payment from the credit card, for the Subscription Fee for the following Billing Period.
All invoices will be sent to the email address of Client’s billing contact whose details are provided by the Client.
c. Calculating Subscription Fee
Where a Client’s Subscription Type includes a Subscription Fee that is calculated based on the number of properties under management, properties under management will be calculated each month on the anniversary of Client’s registration.
d. Changing Subscription Type
The Client may subscribe for any Subscription Type and may request to change Subscription Type at any time by emailing firstname.lastname@example.org.
If the Client needs to change Subscription Type, the changes will take effect immediately. For example, the addition of new features, but the new Subscription Fee will be effective on the next monthly anniversary of Client’s registration.
e. Changes to Subscription Fees
We may change the Subscriptions Fees at any time by providing the Client with at least 30 days’ notice.
If the Client is not happy with any such changes to the Subscription Fees, the Client may choose to cancel their subscription.
f. Cancellation of Services
Rental Heroes requires 90 days written notice for termination of services. The Client may cancel their subscription and access to the Services at any time by emailing email@example.com. Such cancellation will take effect at the end of the Billing Period that is closest to 90 days from the written notice.
The Client understands that content cannot be recovered once an account is cancelled. Rental Heroes are not liable for any loss or damage following, or as a result of, cancellation of an account. It’s the Client’s responsibility to ensure that any content or data which is required is backed-up or replicated before cancellation.
a. Personal Information
In using the Services, the Client may give us Personal Information.
Rental Heroes will establish and maintain appropriate, reasonable technical and organisational security measures in accordance with good industry practice to keep such Personal Information secure.
b. Data Storage
Rental Heroes uses Amazon Web Services for our infrastructure requirements. We use a carefully selected set of service providers for specific capabilities (e.g. SMS gateway).
All Services data is backed up regularly using AWS backup procedures.
While we make all efforts to ensure that backups occur regularly, we make no guarantees that data provided to the Services will be backed up at any particular interval of time.
c. Use of Data
We also collect and prepare other de-identified and aggregated statistical data related to Client and User content, the use of the Services, and the data within them (“Aggregated Data”). The Client acknowledges that we own all right, title and interest in the Aggregated Data, and we may use and disclose Aggregated Data as we see fit. We agree not to take any steps (whether through data analytics or otherwise) which will deliberately cause any Aggregated Data to become Personal Information.
d. Posted Content
In respect of Posted Content, the Client warrants that it is not:
uploaded in breach of the Intellectual Property Rights of any third party;
uploaded in breach of any law under the Privacy Act 1988 (Cth);
affected by any computer virus or malicious code;
connected with "spam" or the process of "spamming"; in breach of any other clause of the Terms of Service;
false, defamatory, misleading or otherwise deceptive in any way;
financial, legal, medical or other professional advice;
adult material; or
material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.
The Client and Users agrees that any comments, reviews, ratings or opinions that are expressed in Posted Content will be fair, accurate and genuinely held at the time of communication.
The User agrees that any Posted Content it provides concerning a property or Service may be disclosed by Rental Heroes to the property manager of the relevant property or Client of the Service.
By posting Posted Content, the User grants an irrevocable, transferrable, sub-licensable, perpetual, non-exclusive, royalty free, global licence to Rental Heroes to deal with the Posted Content for the purpose of providing the Services and operating our business.
Rental Heroes reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content.
e. Client Acknowledgements
Clients are responsible for maintaining the security of their Account Credentials. Rental Heroes will not be liable for any loss or damage that may result from any failure to keep Account Credentials secure. Rental Heroes makes efforts to keep content uploaded by Clients and Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
When requested, the Client must take all other actions that we deem reasonably necessary to maintain or increase the security of our computing systems and networks and Client’s access to the Services. When accessing and using the Services, the Client must:
not circumvent, disable, violate, interfere with or undermine the security or integrity of our computing systems or networks or, computing systems and networks of any third party host, or attempt to do any of the foregoing;
not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
not attempt to gain unauthorised access to any data or materials other than those to which the Client have been given express permission to access or to the computer system on which the Services are hosted; and
not transmit, or input into Services, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law.
f. Cyber Attacks
While we take reasonable measures to secure the Services and the infrastructure on which the Services run from cyber-attacks and malicious code, new attack vectors and exploits are created or used by malicious actors every day.
By using the Services, the Client acknowledge that we cannot be expected to anticipate these new vectors but can only employ industry-standard measures to mitigate the risks. Where we are actively employing measures to combat cyber-crime and an exploit or data loss occurs, the Client agree to hold us completely harmless for any consequences of same.
g. Third Party Integrations
In delivering the Service, we may offer augmented functionality through interfacing, providing or obtaining data, or otherwise co-operating with a third party and their software and/or services (Integration).
Several of the Integrations may have access to some Posted Content or User data. By using the Services, the Client expressly authorise us to provide any Posted Content or User data to Integrations for the purpose of providing the Services.
The Client acknowledge that the third parties who control the Integrations may:
Use Posted Content and User data to improve their services;
To the extent permitted by law, use, sell, license, distribute and disclose de-identified and/or aggregated Posted Content and User data;
Perform fraud screening, verify identities and verify Posted Content and User data for use across their network; and
Agree to the Integrations performing all of the above functions.
h. Disclosure of Data
All confidential information provided to Rental Heroes shall be used solely for the purposes of rendering services pursuant to this Agreement and, except as may be required in carrying out the terms of this Agreement, shall not be disclosed to any third party without the prior consent of such providing party.
For avoidance of doubt, Rental Heroes will never resell customer data.
The foregoing shall not be applicable to any information that is publicly available when provided or which thereafter becomes publicly available. Rental Heroes may disclose data when required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation.
All Services are provided in good faith. We derive our information from sources which we believe to be accurate and up to date. We nevertheless:
do not guarantee the information contained within the Services is reliable, accurate, up to date or complete,
do not give the Client any assurances that any information contained in the Services will meet Client’s requirements or be suitable for Client’s purposes;
reserve the right to update any information contained in the Services at any time; and
do not accept responsibility for loss suffered as a result of Client’s reliance on the accuracy of information contained in the Services.
We do not warrant that Client’s use of the Services will make the Client compliant with the relevant laws that affect their business. The Client must not rely on any information or its availability, and the Client must make their own independent assessments with the aid of qualified independent advice.
Some of the information by our Services may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
Our Service may contain links to third party web sites or services that are not owned or controlled by Rental Heroes.
Rental Heroes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Client further acknowledge and agree that Rental Heroes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. Users acknowledge and agree that when they access other websites on the Internet, the Users do so at their own risk.
We strongly advise the Client to read the Terms of Service and conditions and privacy policies of any third party web sites or services that the Client visit.
The Client agrees that Rental Heroes shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
The Client have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with Client’s usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to the Client exceed, in total, the amounts paid by the Client to us.
As a condition of Client’s access to and use of the Service, the Client agree to indemnify Rental Heroes and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to Client’s access to and use of the Service or Client’s breach of these Terms of Service and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of Client’s registration and applies to claims arising both before and after the registration ends.
The Service and its original content, features and functionality are and will remain the exclusive property of Rental Heroes.
Nothing in these Terms of Service constitutes a transfer of any Intellectual Property Rights from us to the Client.
Neither party will be liable for any failure or delay in performing any of its obligations under these Terms of Service if such failure or delay is caused by circumstances beyond that party’s reasonable control.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms of Service are governed by the laws of Victoria, Australia and The Client irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
These Terms of Service constitute the entire agreement between us and the Client in relation to the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and the Client in relation to the Services.
Client’s use of the Services is conducted electronically and the Client agrees that we may communicate with them electronically for all aspects of Client’s use of the Services, including sending the Client electronic notices.
No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
A reference to “include” and “including” are to be construed without limitation.
Authentication Credential – means the username and password or any other means of authentication which a Client and User uses to gain access to the Services.
Billing Period – means each monthly period commencing on the date of Client’s registration and each monthly anniversary thereafter.
Client – means the Subscriber and, where the context permits, a User.
Content – means all information, graphics, HTML, text and materials on or associated with the Service.
Intellectual Property Rights – means all intellectual property rights of whatever nature throughout the world arising out of or connected with the Services including all rights conferred under statute, common law or equity, whether existing now or at any time in the future, including all rights in and to any patents, patent applications, business names, trade names, domain names, trademarks, copyright, trade secrets, designs, confidential information, know-how, technical information, data or developments.
User – means each person (including the Client, Client’s directors, officers, employees, agents, contractors, service providers and Client’s clients) that the Client invite and/or permit to access and use the Services.
Personal Information – has the meaning given in the Privacy Act.
Privacy Act – means the Privacy Act 1988 (Cth).
Posted Content – means any Content that the User or Client uploads to the Service, which in many cases includes Personal Information.
Services – means the interfaces, chat-bot, reporting and customer support made available via the Rental Heroes website and associated applications, including third party applications (for example, Facebook Messenger).
Subscriber – means the person or entity who registers to use the Services and, where the context permits, includes any entity on whose behalf that person registers to use the Services.
Subscription Fee – means the monthly fee (including any taxes and duties) payable by The Client as specified on the Rental Heroes website or associated application
Subscription Types – means the varying levels of access to the Services, including Services where the Client pay a:
Upfront one-off fee,
Additional recurring fees for certain features.
The Client and Client’s – means the Subscriber and, where the context permits, a User.