1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

“Agency” or “Property Manager” means a real estate agency, property manager, landlord, or other entity that receives and reviews a Report via the Platform as part of a rental application assessment process, and that is bound by the Agency Terms.

“Agency Terms” means the separate terms and conditions governing an Agency’s access to, use of, and obligations in respect of Report data delivered via the Dashboard, as published on the Platform from time to time.

“ACL” means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

“CDR” means the Consumer Data Right regime established under Part IVD of the Competition and Consumer Act 2010 (Cth) and the Competition and Consumer (Consumer Data Right) Rules 2020 (Cth) (the “CDR Rules”).

“Corporations Act” means the Corporations Act 2001 (Cth).

“Dashboard” means the secure, access-controlled digital interface through which Agencies receive and review Reports.

“Data Aggregation Provider” means the ACCC-accredited third-party data aggregation service used by Rental IQ to facilitate the secure retrieval of banking transaction data from Users’ financial institutions via Open Banking, as identified on the Platform from time to time.

“Fees” means the fees payable by the User for the generation of a Report, as published on the Platform from time to time.

“Intellectual Property” means all intellectual property rights of any kind, including patents, trade marks, copyright, designs, trade secrets, know-how, and all other rights of a similar nature, whether registered or unregistered, and including applications for any of the foregoing.

“Non-excludable Guarantee” means any right, guarantee, or remedy conferred on consumers under the ACL or other applicable legislation that cannot be excluded, restricted, or modified by agreement.

“Open Banking” means the CDR as it applies to the banking sector.

“Platform” has the meaning given in the preamble to these Terms.

“Privacy Act” means the Privacy Act 1988 (Cth).

“Privacy Policy” means the privacy policy published on the Platform, as amended from time to time.

“Protected Attribute” has the meaning given in clause 3.6.1.

“Report” means the rental affordability report generated by the Platform based on a User’s banking transaction data, including (without limitation) cashflow analysis, affordability ratings, situational risk analysis, and emergency fund assessments.

“Rental IQ Group” has the meaning given in the preamble to these Terms.

“User” has the meaning given in the preamble to these Terms, being the individual who creates an account on the Platform and generates a Report.

1.2 Interpretation

1.2.1 In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect interpretation;

(b) words importing the singular include the plural and vice versa;

(c) a reference to a statute, regulation, or other legislative instrument includes any amendment, consolidation, or replacement of that instrument;

(d) a reference to a party includes that party’s successors and permitted assigns;

(e) where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning; and

(f) “including” and similar expressions are not words of limitation.

2. About the Platform

2.1 Rental IQ is a rental affordability report tool that uses Open Banking technology (via its Data Aggregation Provider) to analyse a User’s banking transactions over a period of 12 to 24 months. The Platform generates a Report that provides an indicative assessment of a User’s financial capacity to sustain rental payments.

2.2 A Report may include the following components (without limitation):

(a) monthly cashflow analysis (income versus expenses);

(b) identification of regular, irregular, casual, and multiple income streams; and

2.3 The Platform is designed to provide an indicative evaluation of a User’s financial position, by capturing income streams and financial behaviours that may not be reflected in conventional credit reports. A Report is intended to assist, not replace, the assessment process conducted by an Agency. It is not designed to be used as the sole basis for approving or declining a rental application.

2.4 The Platform operates as an informational tool and marketplace that facilitates transparency between Users and Agencies. Rental IQ is not a party to any rental agreement, tenancy arrangement, or lease, and does not act as agent, broker, or intermediary for either the User or the Agency.

2.5 Reports are generated at the request of the User and are delivered to both the User and the relevant Agency via the Platform’s secure Dashboard. Reports are not transmitted by email. Reports are automatically removed from the Agency’s Dashboard after 30 days from the date of delivery or upon the Agency confirming the tenancy decision via the Dashboard (whichever occurs first).

2.6 Report Expiry

2.6.1 Reports expire three (3) months from the date of generation.

2.6.2 An expired Report must not be relied upon by any person for any purpose. Rental IQ accepts no liability whatsoever for any loss or damage arising from reliance on a Report after its expiry date.

2.6.3 Users and Agencies are solely responsible for verifying that a Report is current before placing any reliance upon it.

2.7 Minimum System Requirements

2.7.1 The Platform is designed to operate on current, widely used web browsers and devices. Rental IQ does not guarantee compatibility with all browsers, operating systems, or devices, and is not liable for any inability to access or use the Platform that is attributable to the User’s hardware, software, browser version, or internet connection.

2.7.2 Minimum system requirements and supported browsers are published on the Platform and may be updated from time to time.

3. Important Disclaimers

3.1 Not Financial Advice

3.1.1 Rental IQ does not provide, and the Platform does not constitute, financial advice, financial product advice, credit advice, or credit assistance within the meaning of the Corporations Act 2001 (Cth) or the National Consumer Credit Protection Act 2009 (Cth).

3.1.2 Rental IQ does not hold an Australian Financial Services Licence (“AFSL”) and is not required to hold an AFSL in connection with the provision of the Platform or any Report.

3.1.3 A Report is an informational tool only. It presents objective financial data derived from the User’s own banking transactions and applies algorithmic analysis to that data. No Report constitutes a recommendation, opinion, or guidance in relation to any financial product, financial decision, or course of action.

3.1.4 Users should obtain independent financial, legal, accounting, or other professional advice before making any financial decisions, and should not rely on a Report for any purpose other than as a general indicative summary of their financial position.

3.2 Not a Credit Report

3.2.1 Rental IQ is not a credit reporting body within the meaning of the Privacy Act 1988 (Cth) and does not provide credit reports or credit information.

3.2.2 A Report analyses banking transaction data only. It does not assess, reference, or incorporate credit history, credit scores, or any information held by a credit reporting body. A Report must not be treated as, or used as a substitute for, a credit report.

3.3 Report Does Not Guarantee Tenancy

3.3.1 A Report does not guarantee, and must not be construed as guaranteeing, that a User will be approved for or offered any rental property.

3.3.2 The Report is one of several tools that an Agency may use in assessing rental applications. The decision to approve or decline a rental application rests entirely with the relevant Agency, landlord, or property owner, and is made at their sole discretion.

3.3.3 Rental IQ accepts no responsibility whatsoever for any tenancy decision made by any Agency, landlord, or property owner, whether or not that decision was informed by a Report.

3.3.4 An unfavourable or less favourable Report does not, of itself, constitute the reason a User is not offered a rental property. Users acknowledge that numerous factors beyond the scope of a Report influence tenancy decisions.

3.4 Affordability Thresholds

3.4.1 All affordability thresholds, ratings, and classifications contained in a Report are calculated algorithmically and are indicative only. They do not constitute definitive assessments of a User’s financial capacity and are not representations of fact, guarantees, or forecasts.

3.4.2 Where insufficient data is available to generate a complete analysis, the Platform may default to the industry-standard benchmark of 30% of gross income as an affordability threshold. Users acknowledge that this is a general benchmark and may not reflect their individual circumstances.

3.5 Non-Discrimination and Protected Attributes

3.6.1 The Platform’s algorithms analyse banking transaction data only. Reports do not use, incorporate, or contain information relating to a User’s race, colour, ethnic or national origin, sex, gender identity, sexual orientation, age, marital or relationship status, pregnancy, disability, religious belief, or political opinion (each a “Protected Attribute”).

3.6.2 Rental IQ’s algorithms are designed to assess financial data without reference to, or reliance upon, any Protected Attribute. Rental IQ does not use Protected Attributes as inputs, variables, or factors in the generation of any Report.

3.6.3 Nothing in a Report should be interpreted as reflecting, inferring, or making any assessment based on a Protected Attribute. Rental IQ is committed to compliance with applicable anti-discrimination legislation in Australia, including the Australian Human Rights Commission Act 1986 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1975 (Cth), and the Disability Discrimination Act 1992 (Cth).

4. Eligibility and Account Registration

4.1 Eligibility

4.1.1 To use the Platform, you must:

(a) be at least eighteen (18) years of age;

(b) be a natural person (not a corporation or other entity);

(c) hold a bank account with a financial institution that supports data sharing via the Platform’s Data Aggregation Provider;

(d) have the legal capacity to enter into a binding agreement; and

(e) not be prohibited from using the Platform under any applicable law or regulation.

4.2 Account Registration

4.2.1 You must create an account on the Platform before generating a Report. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

4.2.2 You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You are responsible for all activity that occurs under your account, whether or not you have authorised that activity.

4.2.3 You must notify Rental IQ immediately upon becoming aware of any unauthorised use of your account or any other breach of security. Rental IQ will not be liable for any loss or damage arising from your failure to comply with this clause.

5. Use of the Platform

5.1 User Journey

5.1.1 The typical process for generating a Report is as follows:

(a) a User applies for a rental property through an Agency;

(b) the Agency provides the User with a link to generate a Report via the Platform;

(c) the User creates an account (if not already registered), connects one or more bank accounts via Open Banking through the Data Aggregation Provider’s secure connection, selects the relevant accounts, and generates the Report;

(d) the Report is delivered to the User and populates on the Agency’s Dashboard; and

(e) the Agency reviews the Report (alongside other application materials) as part of its assessment of the User’s rental application.

5.2 Open Banking Connection

5.2.1 By using the Platform, you consent to the connection of your nominated bank account(s) to the Platform via Open Banking through the Data Aggregation Provider. You acknowledge that:

(a) the Data Aggregation Provider is an ACCC-accredited (or equivalent) data aggregator and a third-party service provider independent of Rental IQ;

(b) Rental IQ does not store, access, or retain your banking credentials (such as usernames or passwords);

(c) the data retrieved from your bank accounts is sourced directly from your financial institution(s) via the Data Aggregation Provider and is not self-reported;

(d) the accuracy, completeness, and timeliness of the data depends on the data provided by your financial institution(s) through the Data Aggregation Provider; and

(e) neither Rental IQ nor the Data Aggregation Provider warrants or guarantees the accuracy, completeness, or timeliness of data received from third-party sources, and any such data is provided on an “as is” basis.

5.3 Consumer Data Right (CDR)

5.3.1 Certain data accessed through the Platform may constitute “CDR data” within the meaning of the Competition and Consumer Act 2010 (Cth) and the CDR Rules.

5.3.2 Consent to the collection and use of CDR data is obtained in accordance with the CDR Rules and the consent framework administered by the Data Aggregation Provider. Rental IQ accesses CDR data through arrangements with its Data Aggregation Provider, whose role and accreditation status in the CDR ecosystem is described on the Platform.

5.3.3 Rental IQ’s own participation in the CDR framework (whether as an accredited data recipient, under a CDR representative arrangement, or otherwise) is as disclosed on the Platform. Users should review the CDR disclosure page on the Platform for current details of Rental IQ’s CDR status before generating a Report.

5.3.4 To the extent of any inconsistency between these Terms and the CDR Rules in relation to the collection, use, or disclosure of CDR data, the CDR Rules prevail.

5.4 Report Sharing and Dashboard Access

5.4.1 By generating a Report, you expressly consent to that Report being shared with the Agency or Property Manager specified in the relevant rental application workflow.

5.4.2 Reports are delivered exclusively via the Platform’s secure Dashboard. Reports are not delivered by email or any other unsecured means.

5.4.3 Agencies and Property Managers who access Reports via the Dashboard are subject to the Agency Terms. Rental IQ is not responsible for any Agency’s handling, storage, retention, copying, or misuse of Report data after delivery via the Dashboard. Users acknowledge that once a Report is delivered to an Agency, Rental IQ cannot control or monitor the Agency’s use of that data.

5.5 Report Review and Correction

5.5.1 If you believe that your Report contains inaccuracies attributable to data retrieval errors, incorrect account selection, or a Platform malfunction, you may request a review of your Report by contacting Rental IQ at [insert contact email] within fourteen (14) days of the date of Report generation.

5.5.2 Upon receipt of a review request, Rental IQ will use reasonable endeavours to investigate the matter and, where the inaccuracy is confirmed and is attributable to a data retrieval error or Platform malfunction, Rental IQ will regenerate the Report at no additional cost to the User.

5.5.3 For the avoidance of doubt, the review process under this clause 5.5 does not extend to:

(a) disputes about the algorithmic methodology or weighting applied by the Platform;

(b) dissatisfaction with the affordability rating or classification assigned; or

(c) inaccuracies in the underlying data held by the User’s financial institution.

5.5.4 Nothing in this clause 5.5 limits any rights the User may have under the ACL or any other applicable law.

6. Acceptable Use

6.1 You agree to use the Platform solely for its intended purpose, being the generation of Reports in connection with genuine rental property applications.

6.2 You must not:

(a) use the Platform for any unlawful, fraudulent, or deceptive purpose;

(b) provide false, misleading, or inaccurate information in connection with your account or any Report;

(c) attempt to gain unauthorised access to the Platform, any other user’s account, or any systems or networks connected to the Platform;

(d) use any automated means (including bots, scrapers, or crawlers) to access or interact with the Platform;

(e) interfere with or disrupt the integrity, security, or performance of the Platform;

(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or any part thereof;

(g) reproduce, distribute, or publicly display any Report or any content from the Platform except as expressly permitted by these Terms; or

(h) use the Platform in any manner that infringes the rights of any third party.

7. Fees and Payment

7.1 A Fee is payable by the User each time a Report is generated. The current Fee is published on the Platform and is approximately $20 AUD per Report (inclusive of GST where applicable). Rental IQ reserves the right to vary the Fees at any time by publishing updated pricing on the Platform.

7.2 Payment must be made via the payment methods accepted on the Platform at the time of generating a Report.

7.3 Subject to clause 7.4, all Fees are non-refundable once a Report has been generated, except to the extent required by the ACL or any other applicable law.

7.4 Notwithstanding clause 7.3, Rental IQ will provide a refund of the Fee in the following circumstances:

(a) a technical failure of the Platform results in a Report failing to generate;

(b) a Platform error results in the delivery of an incomplete or materially defective Report that cannot be rectified under clause 5.5; or

(c) a duplicate charge has been applied in error.

7.5 Notwithstanding any other provision of these Terms, Rental IQ is not obliged to process a refund where the Fee was paid using a stolen, compromised, or unauthorised payment method. In such circumstances, the cardholder’s sole remedy is against the issuing bank or payment provider under the applicable card scheme chargeback rules or the ePayments Code (as applicable). Rental IQ will cooperate in good faith with any chargeback or fraud investigation initiated by the cardholder’s issuing bank or payment provider, including by providing transaction records to the extent required. For the avoidance of doubt, where a chargeback is successfully processed by the issuing bank, Rental IQ will not seek to recover the refunded amount from the cardholder. 

7.6 Refund requests may be submitted by contacting Rental IQ at [insert contact email]. Rental IQ will assess each request in good faith and will process approved refunds within a reasonable period.

7.7 Rental IQ is not responsible for any fees, charges, or costs imposed by your financial institution, payment provider, or any third party in connection with your payment of Fees.

8. Data, Privacy, and Security

8.1 Privacy and Data Handling

8.1.1 Rental IQ is committed to protecting the privacy and security of your personal information. The collection, use, disclosure, and storage of your personal information is governed by our Privacy Policy, which is available on the Platform and is incorporated into these Terms by reference.

8.1.2 Rental IQ complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in respect of the handling of personal information.

8.1.3 You acknowledge that, where any complaint, privacy request, or regulatory enquiry concerns CDR data or arises in connection with the Data Aggregation Provider, Rental IQ may forward the complaint, request, or enquiry to the Data Aggregation Provider and disclose related information to the Data Aggregation Provider, the Office of the Australian Information Commissioner, or any other Regulator, as required to comply with the CDR Rules and the Privacy Act 1988 (Cth).

8.1.4 User data and CDR data are stored in Australia.

8.2 De-identification and Security

8.2.1 All personal information processed by the Platform is de-identified on our servers. In the event of a data breach, the data held on our servers is not interpretable in a manner that would identify any individual User.

8.2.2 The Platform does not require Users to share personal financial documents (such as payslips, bank statements, or identification documents) via email or any other unsecured channel.

8.2.3 Data is stored on enterprise-grade cloud infrastructure with industry-standard encryption and security protocols.

8.3 User Consent

8.3.1 By using the Platform, you consent to:

(a) the connection of your nominated bank account(s) via Open Banking through the Data Aggregation Provider for the purpose of generating a Report;

(b) the processing, analysis, and de-identification of your banking transaction data;

(c) the sharing of your Report with the specified Agency or Property Manager via the Dashboard; and

(d) the handling of your personal information in accordance with our Privacy Policy;

(e) where any of your personal information constitutes “sensitive information” within the meaning of the Privacy Act 1988 (Cth), the specific collection, use, and disclosure of that sensitive information for the purposes of generating and providing the Report; and

(f) the collection, use, and disclosure of any CDR data in accordance with the CDR Rules (including the consent requirements in Rule 4.3A) and the consent flows operated by, and on behalf of, the Data Aggregation Provider.

8.3.2 You acknowledge that the consents in clause 8.3.1 are required by Rental IQ’s arrangements with the Data Aggregation Provider, and that withdrawal of consent may result in suspension or termination of your access to the Platform and deletion of associated data in accordance with clause 8.5.

8.4 Data Ownership and Licence

8.4.1 You retain ownership of your personal data and banking transaction data. By using the Platform, you grant Rental IQ a non-exclusive, royalty-free licence to use, process, analyse, and de-identify that data solely for the following purposes:

(a) providing the Platform and generating Reports;

(b) investigating and resolving Report review requests under clause 5.5; and

(c) producing anonymised statistical insights for service improvement purposes.

8.4.2 The licence granted under clause 8.4.1 is limited to the jurisdictions in which the Rental IQ Group operates from time to time. The licence subsists only for so long as is necessary to fulfil the purposes described in clause 8.4.1, and ceases in respect of identifiable personal data upon deletion of that data in accordance with clause 8.5.

8.4.3 Aggregated, anonymised, and de-identified data that is not capable of identifying any individual User may be retained indefinitely and used by Rental IQ for research, development, statistical analysis, and service improvement purposes.

8.5 Data Retention and Deletion

8.5.1 Raw banking transaction data retrieved via the Data Aggregation Provider is retained only for the period necessary to generate and deliver the Report. The specific retention period is set out in the Privacy Policy.

8.5.2 You may request deletion of your personal data by contacting Rental IQ at [insert contact email]. Rental IQ will comply with such requests subject to any legal or regulatory obligations to retain certain records (including obligations under the Privacy Act 1988 (Cth), taxation legislation, and anti-money laundering legislation).

8.5.3 You acknowledge and agree that Rental IQ may, without further notice or liability, delete or procure the deletion of any User data (including any CDR data) where required to do so by the CDR Rules, the Privacy Act 1988 (Cth), a Regulator, or a written direction of the Data Aggregation Provider.

8.5.4 De-identified and aggregated data described in clause 8.4.3 is not subject to individual deletion requests, as it is not capable of identifying any individual User.

8.6 Marketing Communications

8.6.1 Rental IQ may send Users service-related communications (including Report delivery notifications, account notifications, security alerts, and Terms updates) without separate consent, as these communications are necessary for the provision and administration of the Platform.

8.6.2 Marketing and promotional communications will only be sent to Users with the User’s prior opt-in consent, which may be withdrawn at any time via the mechanism specified in the relevant communication or by contacting Rental IQ.

8.6.3 Rental IQ complies with the Spam Act 2003 (Cth) in respect of electronic commercial messages.

9. Intellectual Property

9.1 All Intellectual Property in and to the Platform, including (without limitation) the software, algorithms, reports, design, text, graphics, logos, trade marks, and all other content and materials (collectively, the “Platform IP”), is owned by or licensed to members of the Rental IQ Group and is protected by Australian and international intellectual property laws.

9.2 Nothing in these Terms grants the User any right, title, or interest in the Platform IP, except for a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform in accordance with these Terms.

9.3 The names “Rental IQ”, and all associated logos, marks, and branding are trade marks or registered trade marks of the Rental IQ Group. You must not use any of these marks without the prior written consent of the relevant entity.

9.4 You must not reproduce, modify, adapt, distribute, publish, display, transmit, or create derivative works from any part of the Platform or the Platform IP without the prior written consent of Rental IQ.

10. Third-Party Services

10.1 The Platform integrates with, and relies upon, third-party service providers, including (without limitation) the Data Aggregation Provider and your financial institution(s). These third-party services are subject to their own terms and conditions and privacy policies.

10.2 Rental IQ does not control, endorse, or assume any responsibility for any third-party services, and is not liable for any act, omission, error, interruption, delay, or failure of any third-party service provider.

10.3 The Platform may contain links to third-party websites or resources. Such links are provided for convenience only, and Rental IQ does not endorse, and is not responsible for, the content, products, or services available on or through any third-party website.

10.4 Your interactions with any third-party service provider are solely between you and that provider, and Rental IQ will not be a party to, or liable in respect of, any such interaction.

10.5 Without limiting clauses 10.2 to 10.4, you acknowledge and agree that: (a) the Data Aggregation Provider supplies data to Rental IQ on an “as is” basis and gives no warranty as to the content, quality, accuracy, or completeness of that data; (b) any use of, or reliance on, data sourced via the Data Aggregation Provider is at your sole risk; and (c) you have no claim or right of recourse against the Data Aggregation Provider through, or by reason of, your use of the Platform, and you release the Data Aggregation Provider from any such claim to the maximum extent permitted by law.

11. Limitation of Liability

11.1 Non-excludable Guarantees

11.1.1 Certain rights and guarantees are conferred on consumers under the ACL and other applicable legislation that cannot be excluded, restricted, or modified by agreement (Non-excludable Guarantees). Nothing in these Terms excludes, restricts, or modifies any Non-excludable Guarantee.

11.2 Limitation of Liability

11.2.1 Subject to clause 11.1, and to the maximum extent permitted by law:

(a) the aggregate liability of the Rental IQ Group (including Rental IQ Corp Pty Ltd), and their respective directors, officers, employees, contractors, and agents) arising out of or in connection with these Terms, the Platform, or any Report, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount of Fees actually paid by the User for the Report that is the subject of the relevant claim;

(b) the Rental IQ Group is not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage of any kind, including (without limitation) loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, loss of goodwill, or reputational damage, whether or not the Rental IQ Group has been advised of the possibility of such loss or damage; and

(c) the Rental IQ Group is not liable for any loss or damage arising from or in connection with any decision made by any Agency, landlord, property owner, or other third party, whether or not that decision was informed by a Report.

11.3 Disclaimer of Warranties

11.3.1 Subject to clause 11.1, and to the maximum extent permitted by law, the Platform and all Reports are provided on an “as is” and “as available” basis. The Rental IQ Group expressly disclaims all representations, warranties, and conditions, whether express, implied, or statutory, including (without limitation):

(a) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;

(b) any warranty that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components;

(c) any warranty as to the accuracy, reliability, completeness, or timeliness of any Report or data provided through the Platform; and

(d) any warranty that a Report will result in any particular outcome, including (without limitation) the approval or offer of any rental property.

11.4 Specific Exclusions

11.4.1 Without limiting the generality of clauses 11.2 and 11.3, the Rental IQ Group is not liable for:

(a) the accuracy, completeness, or timeliness of data sourced from the User’s bank accounts or financial institutions via Open Banking and the Data Aggregation Provider;

(b) any error, omission, or inaccuracy in a Report that is attributable to incomplete, inaccurate, or outdated data provided by a financial institution;

(c) any interruption, delay, suspension, withdrawal, change, or failure of the Platform, the Data Aggregation Provider, or any other third-party service (including any change to, or withdrawal of, any application programming interface, data feed, or accreditation);

(d) any loss arising from the User’s failure to maintain the confidentiality of their account credentials;

(e) any act or omission of any Agency, landlord, property owner, or other third party; or

(f) any inability to access or use the Platform attributable to the User’s hardware, software, browser, or internet connection; or

(g) any refusal, suspension, or release of data, or deletion of data, by Rental IQ or the Data Aggregation Provider where required or permitted by the CDR Rules, the Privacy Act 1988 (Cth), or any direction of the Data Aggregation Provider or a Regulator.

11.5 Limitation Period

11.5.1 To the maximum extent permitted by law, any claim arising out of or in connection with these Terms or the Platform must be commenced within twelve (12) months of the date on which the cause of action first arose. Any claim not commenced within this period is irrevocably barred.

11.5.2 This clause 11.5 does not limit any rights or time periods that cannot be contractually shortened under the ACL or other applicable mandatory legislation.

12. Indemnification

12.1 You agree to indemnify, defend, and hold harmless the Rental IQ Group and its respective directors, officers, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable legal costs on a solicitor-and-own-client basis) arising out of or in connection with:

(a) your wilful misconduct or fraud in connection with the Platform;

(b) your material breach of these Terms;

(c) your breach of any applicable law or regulation in connection with your use of the Platform, where such breach directly causes loss to a member of the Rental IQ Group; or

(d) any claim by a third party that arises directly from your provision of false, misleading, or fraudulent information to the Platform;

(e) any act or omission by you that causes Rental IQ to be in breach of the CDR Rules, the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth) (including the Australian Privacy Principles and the Privacy Safeguards), or any agreement between Rental IQ and the Data Aggregation Provider, including any fines, penalties, or amounts payable to the Data Aggregation Provider in connection with such breach;

(f) your unauthorised use, disclosure, or onward sharing of any Report or data obtained through the Platform; and

(g) any claim by an Agency, Property Manager, landlord, property owner, or other third party arising out of, or in connection with, your use of, or reliance on, a Report or any decision made by reference to a Report.

13. Consumer Law Compliance

13.1 The Report presents objective data derived from the User’s banking transactions. Rental IQ does not make any recommendation as to whether a User should or should not apply for, or rent, any particular property.

13.2 All affordability thresholds, ratings, and classifications are generated algorithmically and are presented as indicative assessments only.

13.3 These Terms are intended to be read and interpreted consistently with the requirements of the Australian Consumer Law, including the prohibition on misleading or deceptive conduct under section 18 of the ACL.

14. Platform Positioning

14.1 Rental IQ operates as a technology platform that facilitates transparency between Users and Agencies in the context of rental property applications. For the avoidance of doubt:

(a) Rental IQ is not a party to any rental agreement, lease, tenancy arrangement, or any other agreement between a User and an Agency, landlord, or property owner;

(b) Rental IQ does not act as agent, broker, intermediary, or fiduciary for either the User or the Agency;

(c) Rental IQ does not control, influence, or direct any tenancy decision or outcome; and

(d) Rental IQ’s role is limited to the provision of the Platform and the generation of Reports in accordance with these Terms.

15. Termination and Suspension

15.1 Rental IQ may suspend or restrict your access to the Platform, or terminate your account, in any of the following circumstances:

(a) you have breached, or Rental IQ reasonably believes you have breached, any provision of these Terms;

(b) Rental IQ reasonably suspects fraudulent, unlawful, or deceptive activity in connection with your account;

(c) Rental IQ is required to do so by law, regulation, or a direction or order of a court, tribunal, or regulatory authority;

(d) your account has been inactive for a continuous period of twelve (12) months or more; 

(e) you become insolvent, bankrupt, or subject to any form of external administration; or

(f) Rental IQ is required or directed to do so by the Data Aggregation Provider, the CDR Rules, the Privacy Act 1988 (Cth), or any Regulator, or where continued provision of the Platform to you would, in Rental IQ’s reasonable opinion, place Rental IQ in breach of any agreement with the Data Aggregation Provider.

15.2 Where practicable, Rental IQ will provide you with reasonable notice prior to suspending, restricting, or terminating your account, together with reasons for the action taken. However, Rental IQ may act without prior notice where it reasonably considers that immediate action is necessary to protect the Platform, other Users, or Rental IQ’s legitimate interests.

15.3 You may terminate your account at any time by contacting Rental IQ or using the account management features of the Platform.

15.4 Upon termination of your account (howsoever arising):

(a) your right to access and use the Platform ceases immediately;

(b) any Fees paid are not refundable (except to the extent required by applicable law or clause 7.4); and

(c) clauses which by their nature are intended to survive termination (including, without limitation, clauses 3, 9, 11, 12, and 17 to 20) will continue in force.

16. Dispute Resolution

16.1 If a dispute arises out of or in connection with these Terms or the Platform (a “Dispute”), the parties agree to the following process before commencing any court or tribunal proceedings (except for urgent interlocutory relief):

16.2 Step 1: Notification. The party wishing to raise the Dispute must give written notice to the other party setting out the nature of the Dispute and the relief sought (“Dispute Notice”).

16.3 Step 2: Good Faith Negotiation. Within fourteen (14) days of receipt of the Dispute Notice, the parties must use their best endeavours to resolve the Dispute by good faith negotiation.

16.4 Mediation

16.4.1 If the Dispute involves a User located in Australia and is not resolved within twenty-eight (28) days of receipt of the Dispute Notice, the parties agree to submit the Dispute to mediation administered by the Resolution Institute (or its successor body) in Brisbane, Queensland, in accordance with the Resolution Institute’s mediation rules. The costs of the mediator will be shared equally between the parties.

16.6 If the Dispute remains unresolved following mediation, either party may commence court proceedings in accordance with clause 17.

17. Governing Law and Jurisdiction

17.1 Governing Law

17.1.1 These Terms are governed by and construed in accordance with the laws of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia (sitting in Queensland), and any courts of appeal from those courts, in respect of any proceedings arising out of or in connection with these Terms.

18. Force Majeure

18.1 Rental IQ will not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including (without limitation) acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government action, fire, flood, power failure, internet or telecommunications failure, cyberattack, or the failure of any third-party service provider (a “Force Majeure Event”).

18.2 If a Force Majeure Event continues for a period exceeding sixty (60) days, either party may terminate these Terms by providing written notice to the other party.

19. General Provisions

19.1 Entire Agreement

19.1.1 These Terms, together with the Privacy Policy, constitute the entire agreement between the User and Rental IQ in relation to the User’s access to and use of the Platform, and supersede all prior agreements, understandings, representations, and discussions (whether written or oral) relating to that subject matter.

19.2 Severability

19.2.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable in any jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect. The parties agree to negotiate in good faith a replacement provision that is valid and enforceable and that achieves, to the greatest extent possible, the economic, business, and other purposes of the severed provision.

19.3 Waiver

19.3.1 A failure or delay by Rental IQ in exercising any right, power, or remedy under these Terms does not constitute a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy.

19.4 Assignment

19.4.1 You may not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without the prior written consent of Rental IQ. Rental IQ may assign, transfer, or novate its rights and obligations under these Terms to any member of the Rental IQ Group or to any successor in title or acquirer of all or substantially all of its business, without your consent.

19.5 Amendment

19.5.1 Rental IQ reserves the right to amend, modify, or replace these Terms at any time.

19.5.2 For amendments that Rental IQ considers, in its reasonable opinion, to be material, Rental IQ will provide at least thirty (30) days’ prior notice to Users (by email or by notice on the Platform). If you do not agree to the material amendment, you may terminate your account without penalty at any time before the amendment takes effect by contacting Rental IQ. Your continued use of the Platform after the expiry of the notice period constitutes your acceptance of the amended Terms.

19.5.3 Minor, administrative, or clarifying amendments may take effect immediately upon publication on the Platform.

19.6 Notices

19.6.1 Any notice required or permitted to be given under these Terms may be given by email to the relevant party’s email address as recorded on the Platform, or by such other means as Rental IQ may specify from time to time. A notice sent by email is deemed to be received at the time of transmission unless the sender receives an automated notification of delivery failure.

19.7 No Partnership or Agency

19.7.1 Nothing in these Terms creates or is intended to create any partnership, joint venture, employment relationship, or agency relationship between Rental IQ and the User.

19.8 Third-Party Rights

19.8.1 Other than the members of the Rental IQ Group (who are intended third-party beneficiaries of the relevant provisions of these Terms, including clauses 9 and 11), a person who is not a party to these Terms has no right to enforce any provision of these Terms.

20. Contact Information

If you have any questions about these Terms, please contact us:

Rental IQ Corp Pty Ltd

Email: [email protected]

Address: PO Box 8738 Gold Coast MC.  9726