TERMS AND CONDITIONS OF USE

1. INTRODUCTION

This website https://www.beforeyourent.com.au (Website) is owned, operated and maintained by beforeyourent.com.au Pty Ltd (beforeyourent.com.au, we, us or our). However, the company (beforeyourent.com.au Pty Ltd) registration is still pending.

beforeyourent.com.au provides an online community that enables users to:

• Post, publish and share reviews and experiences relating to rental properties, landlords, property managers and real estate agencies;
• Search and view reviews posted by other users;
• Participate in discussions and community interactions relating to rental accommodation (Services).

By accessing, registering on and/or using the Website or the Services, you agree to be bound by these Terms and Conditions of Use.

We may, in our sole discretion, modify, vary, amend or revise these Terms and Conditions at any time. We will notify users of material changes. Continued use of the Website after notification constitutes acceptance of the updated Terms.

2. DEFINITIONS

In these Terms and Conditions:

• “Content” means reviews, comments, ratings, text, images, videos, documents, messages or other material uploaded to the Website;
• “Review” means any user-submitted Content relating to a rental property, landlord, real estate agent, property manager or related rental experience;
• “Intellectual Property Rights” means copyright, trade marks, designs, patents and all related statutory and common law rights;
• “Personal Information” has the meaning given in the Privacy Act 1988 (Cth);
• “User” means any person who accesses, registers on, or uses the Website.

3. USER ACCOUNTS

3.1 Registration

• To post Reviews or upload Content, you should register an account (Account).
• You must provide accurate and complete information.
• You must be at least 18 years of age.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity under your Account.

We may suspend or terminate your Account at our discretion if you breach these Terms.

4. REVIEWS AND CONTENT

4.1 User Responsibilities

If you upload or post Content, you warrant that:

• The Content is true, accurate and based on your genuine personal experience;
• The Content is honest and not misleading or deceptive;
• The Content does not defame, harass, threaten or unlawfully harm any person or entity;
• The Content does not contain false allegations or unverified criminal claims;
• The Content does not infringe any third party Intellectual Property Rights;
• You are legally entitled to publish the Content.

You acknowledge that you are solely responsible for the Content you post.

4.2 Prohibited Content

You must not use the Website to post or transmit:

• Defamatory or false statements;
• Personal attacks, harassment or hate speech;
• Private or confidential information of another person without consent;
• Content that breaches any law;
• Spam, advertising or promotional material;
• Content intended to extort, threaten or blackmail;
• Fake or misleading reviews;
• Pornographic contents and media.

We may remove, edit, block or disable access to any Content at our absolute discretion.

4.3 No Verification or Endorsement

beforeyourent.com.au does not:

• Verify the accuracy of Reviews;
• Investigate claims made in Reviews;
• Endorse any Review or User;
• Guarantee that any Review is accurate, complete or reliable.

Reviews reflect the opinions of individual Users only.

4.4 Moderation

We reserve the right to:

• Edit or remove Content;
• Request supporting documentation;
• Suspend or terminate Accounts;
• Report unlawful conduct to authorities.

We are not obliged to monitor the Website but may do so at our discretion.

4.5 Platform Role and User Responsibility

BeforeYouRent operates as a platform that hosts user-generated content and does not act as the publisher of that content.

We do not create, verify, or endorse reviews submitted by users.

Users are solely responsible for the accuracy, legality, and content of their submissions. All reviews reflect the opinions of individual users and do not represent the views of BeforeYouRent.

5. NOTICE AND TAKEDOWN

beforeyourent.com.au operates on a notice-and-takedown basis.

If you believe Content:

• Is defamatory;
• Is false or misleading;
• Infringes your Intellectual Property;
• Breaches privacy;

You must contact us at beforeyourenthelp@gmail.com with full details and evidence supporting your complaint.

We may remove or restrict Content while investigating.

6. INTELLECTUAL PROPERTY

6.1 User Content

You retain ownership of your Content.

By uploading Content, you grant beforeyourent.com.au a non-exclusive, royalty-free, worldwide, perpetual licence to:

• Host;
• Store;
• Publish;
• Display;
• Reproduce;
• Modify for formatting purposes;
• Distribute your Content on the Website and associated platforms.

6.2 Website Ownership

All Website materials (excluding user Content) are owned by beforeyourent.com.au and protected by Intellectual Property laws. You may not reproduce, distribute or commercially exploit Website materials without written consent.

7. LIMITATION OF LIABILITY

7.1 Platform Only

beforeyourent.com.au:

• Is a platform provider only;
• Is not a party to any tenancy agreement;
• Does not mediate disputes between Users;
• Does not verify rental properties or landlords;
• Does not provide legal advice.

7.2 Use at Your Own Risk

The Website and Services are provided on an “as is” basis.

To the extent permitted by law, we exclude all liability for:

• Inaccurate Reviews;
• Loss resulting from reliance on Content;
• Indirect or consequential loss;
• Reputational damage arising from User Content.

Where liability cannot be excluded under the Competition and Consumer Act 2010 (Cth), our liability is limited to re-supplying the Services or refunding fees paid (if any).

8. INDEMNITY

You indemnify beforeyourent.com.au and its directors, officers and employees against any claims, damages, losses or legal costs arising from:

• Your breach of these Terms;
• Your posted Content;
• Any defamatory or unlawful Review;
• Any infringement of third-party rights.

9. PRIVACY

We collect and handle Personal Information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

10. THIRD PARTY LINKS

The Website may contain links to third-party websites. We do not control or endorse third-party content and are not responsible for it.

11. TERMINATION

We may suspend or terminate your Account if:

• You breach these Terms;
• You post unlawful or defamatory Content;
• Your conduct poses risk to the Website or other Users.

Termination does not affect rights or obligations accrued prior to termination.

13. DISPUTE RESOLUTION

If a dispute arises in connection with your use of BeforeYouRent, both parties agree to first attempt to resolve the matter in good faith through informal discussions.

If the dispute cannot be resolved, it may be referred to mediation in New South Wales before any legal proceedings are initiated.

Nothing in this clause prevents either party from seeking urgent legal relief where necessary.

14. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.