Privacy, terms and conditions

  1. Accessing this website
    • These terms of use (Terms) cover your access to and use of:
      • this web application www.rdwcommercial.com.au (including all related mobile applications) (Sites) provided by FLK It Over Pty Limited (ABN 18 617 026 203) (we, us or our);
      • any services provided through the Sites (Services), including:
        • providing a platform to facilitate the entry into residential tenancy agreements (RTAs) by landlords, tenants and, where relevant, agents; and
        • such other services that we may provide from time to time.
      • If you do not agree with all of these Terms, including our privacy policy at ##[insert link to privacy page on the web application]##, do not access or otherwise use the Sites or the Services or any information or materials contained on the Sites.
      • Your use of the Sites or the Services means you agree to abide by these Terms.
  1. Eligibility for use and acknowledgements
    • Our Services are only available to individuals (that is, natural persons) and entities that are capable of forming legally binding contracts under applicable law.
    • In using the Services, you acknowledge and agree that:
      • while we may charge a fee for the Services, we are not a party to any RTAs between a landlord, tenant and, if relevant, an agent; and
      • any RTAs, that are facilitated by the Services, are undertaken at each parties’ own risk; and
      • any statement made by a party in connection with or in any way related to, an RTA, is attributable to that party. We do not take any responsibility for, or make any representations or warranties relating to any such statements, including as to any term of the RTA or in relation to the property the subject of the Services or the RTA.
  1. Your rights and obligations in respect of the Sites
    • You may view and download and/or print any of the content on the Sites, including all text, graphics, images, information or any materials on the Sites (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.
    • You agree that you will not:
      • alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Sites;
      • modify or edit the Content or publish, sell or license any Content, including, but not limited to, making the Content available on any other website;
      • to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with the Sites;
      • create any links from any other website to the Sites, without our express prior written permission;
      • use any Content on the Sites for any commercial purpose other than as permitted by us;
      • use any robot, spider, other automatic device or manual process to monitor or copy any Content, without our prior written consent;
      • post to the Sites or transmit to us any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware;
      • use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or the Services or to gain unauthorised access to the Sites, the Services or our computer systems or any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Sites or the Services;
      • use the Services to send unsolicited emails or spam third parties; or
      • take any action that imposes an unreasonable load on the Sites’ infrastructure.
    • You are responsible for who has access to your Sites account. You must keep your password and username to access the Sites and to use the Services safe and secure. Do not disclose your passwords to third parties.
    • If your contact details change, you are responsible for notifying us of such changes.
  2. Intellectual property
    • All intellectual property rights in:
      • all Content and other information included on the Sites; and
      • the arrangement of the Content on the Sites, are owned by us or our licensors.
  • No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission, except for printing and storage for personal use or other specific use permitted under copyright law.
  • Any use of the trade marks, logos or product names appearing on our Sites, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trade mark law or other laws.
  • You must not upload any materials through the Sites, or use the Services, for purposes which are obscene, offensive, defamatory, discriminatory, inaccurate, fraudulent, misleading, unlawful, pornographic, promote violence, are hateful or which in any way infringe any third parties’ rights, including their intellectual property rights and privacy rights or circumvent storage space limits.
  1. The Services
    • The information provided on the Sites is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the Services referred to on, or made available through, the Sites. We do not give any advice as to the appropriateness or suitability of the Services for you.
    • We do not give or claim to give legal, taxation or financial advice. It is solely your responsibility to ensure that the Services you obtain through the Sites meet your requirements. If you are unsure about your requirements, you should contact your lawyer, accountant or financial advisor.
    • By using our Services, you warrant that the information you supply is, to the best of your knowledge, accurate, complete and up-to-date. It is your responsibility to inform us of any changes to that information. You may do this by contacting us at hello@FLKitover.com.
    • If your RTA relates to a property in New South Wales, Queensland or Western Australia, you must ensure that your signature is witnessed and that the name of the witness is input on the Sites, where indicated, at the time that you sign the RTA, using the Services.
    • Once an RTA has been executed by the parties through the Services, any further changes or variations relevant to such RTA will be agreed between the parties to the RTA and not through the Services, unless otherwise notified to us.
    • We may, at any time, request a form of identification to verify your identity or the identity of other relevant persons in connection with our Services.
    • Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.
    • The Sites aim to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.
    • Your completion of an RTA through the Sites, including submitting your signature, does not mean that you have entered into a legally binding RTA. Entry into the RTA will be subject to all relevant legal requirements.
    • You will not have entered into a legally binding RTA until:
      • you have provided all of the information required by the Services for entering into the RTA, including valid execution of the RTA;
      • all other parties to the RTA have also provided all relevant information and validly executed the RTA; and
      • a copy of the fully executed RTA is provided to each of the parties to the RTA through the Services, as required by law.
  • We are not liable to you or anyone else if you are not able to enter a legally binding RTA through the Sites, including in circumstances where any party to the RTA:
    • fails to provide all information needed to enter into the RTA;
    • provides inaccurate or false or misleading information; or
    • fails to execute the RTA.
  • You are responsible for keeping a copy of your RTA and any relevant information. We do not retain copies of executed RTAs as they are simply generated through the Services and provided to the parties via a temporary link to a PDF of the RTA. We do not retain copies of the PDFs of the RTAs. We recommend that you save a copy of the executed RTA to your system or print a copy of it, for your record keeping purposes, as soon as you receive a copy of the executed RTA through the Services.
  1. Other parties’ products and services

If you use our Services with any third parties’ products or services, such as a third party hosting service provider, then we are not responsible for any loss arising from or in connection with such use of third party products or services. We do not warrant that any of the Services are interoperable or are compatible with any such third parties’ products or services.

  1. Accuracy of information

We are providing the Sites, the Content and the Services on an “as is” basis.  While we try to keep the information on the Sites as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from the Sites.

  1. Availability of the Sites
    • While we try to ensure that the Sites, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Sites or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
    • We will use reasonable efforts (but do not guarantee) to provide advance notice, to our registered users, by email (to the email address on our records) of any scheduled unavailability of the Sites or any of our Services, for maintenance, updating or any other reason. We are unable to provide advance notice of any unscheduled unavailability of the Sites or where urgent repairs or patches are required.
    • We may suspend your access to the Sites without prior notice due to maintenance, system failure, repair or any other reason beyond our control.
  2. Privacy
    • Our Privacy Policy, ##[insert link to Privacy Policy here]## which forms part of these Terms, applies to any personal information collected by us from users of our Services and the Sites.
    • As set out in our Privacy Policy, we may disclose your personal information overseas, such as where a landlord entering into an RTA through the Sites resides overseas.
    • Overseas recipients of your personal information are not subject to Australian law, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles. The laws applying to such overseas recipients may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information.
    • By accepting these Terms, you:
      • consent to the disclosure by us, of your personal information overseas in accordance with our Privacy Policy; and
      • acknowledge that we will not be accountable under the Privacy Act for such disclosure and that you will not be able to seek redress under the Privacy Act.
  1. Indemnity

You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using our Services, including in relation to any RTA you enter into through the Services.

  1. Limitation of liability
    • Your use of the Sites and our Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through the Sites.
    • Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
      • we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
      • all implied conditions, guarantees, warranties and rights are excluded.
    • We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the Sites and the Services. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
    • Subject to the provisions of paragraphs 11(b) and 11(c) of these Terms and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of the Sites, the Services, or the Content, including but not limited to:
      • any loss or claim relating to an RTA entered through the Sites;
      • if caused by any computer virus including a virus passed from the Sites to your computer or other device or any third party computer, or loss of online connection to the Sites, the Services, the Content, or interruption to access to the Sites, the Services or the Content.
    • Any reliance you place on, or any act done based on or in response to, the Content or the Sites will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content or the Sites.
  2. Third Party Sites
    • We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
    • We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.
    • Any link to a Third Party Site does not imply that:
      • the Third Party Site is in any way affiliated with us;
      • the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or
      • we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.
    • We take no responsibility for any Third Party Site accessed via the Sites. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.
    • If you decide to link to a Third Party Site, you leave our Sites at your own risk.
  3. Termination
    • We reserve the right to immediately terminate your access to all or any part of the Sites, the Content or the Services if you breach any of these Terms.
    • We may otherwise terminate your access to the Sites, the Content, or the Services upon reasonable notice, which will not be less than 7 days.
  4. Modification to Terms
    • We may amend these Terms and any of our other policies relating to the Sites, at any time, at our discretion. We will try to notify you of any such changes. Any such amendments are effective upon being published on the Sites or as otherwise notified.
    • You are responsible for reviewing these Terms regularly. Continued use of the Sites and our Services after any such amendments constitutes your consent to such amendments.
  5. General
    • These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
    • If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
      • Subject to any separate agreements between us and paid subscribers for our services, these Terms record the entire agreement between you and us in relation to your use of the Sites, the Content and the Services and supersedes all previous negotiations, understandings, representations and agreements, in relation to the subject matter of these Terms.