USER AGREEMENT

1. This is a legal agreement between you and Looking to Rent. ("LookingtoRent.com.au") for
the use of LookingtoRent.com.au's website (www.LookingtoRent.com.au). If you have
any questions regarding the legal significance of this Agreement, you are
encouraged to seek the advice of an attorney.
2. LookingtoRent.com.au maintains a website to provide a medium through which property
owners and managers or duly authorized agents thereof ("Lessors") may place
information about their properties before potential tenants ("Renters"), so
that Lessors may advertise to Renters and Renters may communicate with Lessors.
The purpose of this Agreement is to set forth the terms under which LookingtoRent.com.au
will make use of its website available to you. LookingtoRent.com.au may make changes to
its website at any time and without notifying you or receiving your consent,
except with regard to any price changes in which case LookingtoRent.com.au must notify you
and obtain your consent. No pricing changes can be made by LookingtoRent.com.au during
the contracted period.
3. A Rental Property is any property registered with LookingtoRent.com.au that is available for rent, either at the time of listing or will be available on a future date.
4. LookingtoRent.com.au charges Rental Property Owner/Managers one fee per property for use of the LookingtoRent.com.au service until it is rented.
Per Property Listing Fee.
LookingtoRent.com.au charges a Per Property Listing Fee for registering as a Lessor to feature a Rental Property and for communicating with LookingtoRent.com.au Renters. The Per Property Listing Fee for a single Rental Property is $3.00 including GST per listing. The registration is valid until the Rental Property is leased and the listing can be removed prior to the Rental Property being leased, only by the Lessor. The listing can be removed at any time manually in your Administration Menu or by contacting us at sales@lookingtorent.com.au. This fee is required to be paid by credit card or direct debit for the registration and usage of one day or more of the website and is payable on the day the listing is activated. You hereby authorize payment of such Listing Fee/s effective as of today. LookingtoRent.com.au will only bill you for the requested use. All sales are final. LookingtoRent.com.au will not issue any refunds. You agree to pay all applicable taxes that may arise from the use of our website, except those on LookingtoRent.com.au's net income.
In the event that your listing includes multiple valid Rental Properties, you
will be billed $3.00 including GST for each Rental Property. All Rental Properties that meet the following criteria are deemed to be valid for purposes of incurring a regsitration fee:
The Renter registered with Rent.com's website, and
The Renter viewed the property address prior to reporting the lease, and
The Renter viewed the property address at least one calendar date prior to the
the Renter's move-in date.
The Renter moves into the property.
5. LOOKINGTORENT.COM.AU IS NOT LICENSED AS A REAL ESTATE BROKER OR PROPERTY MANAGER. LOOKINGTORENT.COM.AU DOES NOT RENDER LEGAL, BROKERAGE, OR OTHER PROFESSIONAL ADVICE OR SERVICES TO EITHER ITS RENTER OR LESSOR CUSTOMERS. WHEN A RENTER USES LOOKINGTORENT.COM.AU'S SERVICE TO MAKE A LEASE, LOOKINGTORENT.COM.AU WILL NOT PAY THAT RENTER ANY CASH BONUS OR
SOME OTHER VALUABLE CONSIDERATION. LOOKINGTORENT.COM.AU WILL ALLOW THAT RENTER TO ENTER INTO PROMOTION(S) THEN BEING SPONSORED BY LOOKINGTORENT.COM.AU.
6. LookingtoRent.com.au complies with state and federal civil rights laws, including
the Fair Housing Act and the Australians with Disabilities Act. You agree
to comply with such acts and thus agree to avoid stating any preference
based on race, color, national origin, religion, handicap or any other
category. At other locations in this website, LookingtoRent.com.au may remind you
not to include information that is potentially actionable under such
laws. To the extent that LookingtoRent.com.au serves as a conduit for information on
the basis of which you could unlawfully discriminate against potential
Renters, you hereby agree to defend and indemnify LookingtoRent.com.au.
7. In connection with your use of LookingtoRent.com.au's website, you acknowledge
and agree as follows:
(a) LookingtoRent.com.au does not participate in any actual lease transactions,
including, without limitation, negotiations, discussions, or proposals;
(b) While LookingtoRent.com.au does not render legal, brokerage, or other
professional advice or services;
(c) LookingtoRent.com.au is not undertaking any, and has no, fiduciary duties to
either Renters or Lessors, including, without limitation, the obligation
to inspect rental properties or to verify the veracity of information
contained in a preview of your property or offers;
(d) LookingtoRent.com.au is not responsible for the content of, nor does it endorse,
the third-party websites to which you may link using this website;
(e) LookingtoRent.com.au does not guarantee the accuracy of any information
available on this website, and is not responsible for any errors,
omissions, or misrepresentations, whether made by Renters or otherwise
and all information obtained on this website or from Renters must be
verified independently;
(f) LookingtoRent.com.au may make changes to its products and/or services and this
website at any time and without notifying you or receiving your consent;
and
(g) while LookingtoRent.com.au complies with state and federal civil rights laws,
LookingtoRent.com.au does not monitor transmissions of information by Renters and
Lessors and thus assumes no liability for Renters' and/or Lessors'
failures to comply with such laws.
8. You agree to indemnify, defend and hold LookingtoRent.com.au and its affiliates,
licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation
of this Agreement and/or your use of this website.
9. ALL INFORMATION YOU RECEIVE FROM LOOKINGTORENT.COM.AU, RENTERS, AND/OR THE USEOF LOOKINGTORENT.COM.AU'S WEBSITE, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. LOOKINGTORENT.COM.AU HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LOOKINGTORENT.COM.AU DOES NOT WARRANT THAT ANY DATA YOU RECEIVE FROM LOOKINGTORENT.COM.AU OR ANY RENTER WILL BE ACCURATE, COMPLETE,
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER
MATERIAL ACCESSIBLE FROM OR RELATED TO THE LOOKINGTORENT.COM.AU WEBSITE IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
10. YOU HEREBY AGREE THAT IN NO EVENT SHALL LOOKINGTORENT.COM.AU OR ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF THIS WEBSITE OR WITH THE DELAY OR
INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR
SERVICES OBTAINED THROUGH THIS SITE OR FROM LOOKINGTORENT.COM.AU, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE.
11. By registering your property's information, you consent to LookingtoRent.com.au
placing information about your registered property on LookingtoRent.com.au's website
before Renters, subject to LookingtoRent.com.au's Privacy Policy. You agree that
LookingtoRent.com.au's website shall be used only to legitimately preview your
properties and make legitimate offers in accordance with LookingtoRent.com.au's
then-current rules and procedures that may be established from time to
time and only for the purposes expressly permitted under this Agreement.
12. "Your Information" is defined as any materials, information or data
in any form you provide to us or Renters in the course of using this
website including, but not limited to, any public message area or
through any email feature. You are solely responsible for Your
Information, and we act as a passive conduit for the online distribution
and publication of Your Information. Solely to enable LookingtoRent.com.au to use
Your Information for the purposes described in this Agreement, you agree
to grant LookingtoRent.com.au a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise
any intellectual property and publicity rights (but no other rights) you
have in Your Information, in any media now known or not currently known,
with respect to Your Information. LookingtoRent.com.au will only use Your
Information in accordance with our Privacy Policy. LookingtoRent.com.au may only use
your trademarks, service marks and trade names to properly identify
buildings owned or managed by you.
13. LookingtoRent.com.au provides all users with the opportunity to correct, update
or delete information stored in their account. To review, modify or
delete your account information, simply log into your 'LookingtoRent.com.au Administration Menu'
page and select the 'Update My Account' link.
14. By entering into this Agreement, you hereby represent and warrant
that:
(a) you will not transmit to LookingtoRent.com.au or any Renter any information or
materials of any kind which (i) violate, plagiarize or infringe on the
intellectual property or contractual rights of any third party; (ii)
contain libelous, defamatory, obscene, pornographic, abusive or
otherwise unlawful material; or (iii) contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
(b) your use of our website and services will at all times comply with
all applicable laws, rules, and regulations and that you will do nothing
to incur liability for LookingtoRent.com.au or cause LookingtoRent.com.au to lose (in whole or
in part) the services of LookingtoRent.com.au's ISP's or other suppliers;
(c) you have the power and authority to enter into this Agreement: if
you are an individual, this includes, without limitation, that you are
of the legal age in your state of residence to make contracts;
(d) you are an employee, agent or representative of the properties that
you are registering or registering with, and you have the authority to
negotiate a Lease Transaction on behalf of the properties; and
(e) all information supplied or to be supplied by you relating to this
website and LookingtoRent.com.au's services is and will be accurate and complete.
15. We may amend this Agreement (including, without limitation, the
Terms of Use Agreement and/or our Fees and Credits Policy and/or our
Privacy Policy) at any time by posting the amended terms on the LookingtoRent.com.au
website. Except as otherwise provided herein, changes to this Agreement
are effective thirty (30) days after we provide you with notice of the
change by email or post a notice on the website. This Agreement may not
be otherwise amended except in a writing signed by both parties.
16. You hereby acknowledge and agree that, from time to time during the
term of this Agreement, LookingtoRent.com.au shall send facsimiles or emails
regarding LookingtoRent.com.au's products and services, or shall call you regarding
LookingtoRent.com.au's products and services, and you hereby expressly consent to
receiving such emails, facsimiles and telephone calls.
17. You and LookingtoRent.com.au are independent contractors, and no agency,
partnership, joint venture, or employee-employer relationship is
intended or created by this Agreement.
18. Except as explicitly stated otherwise, any notices shall be given by
email to enquiries@lookingtorent.com.au (in the case of LookingtoRent.com.au) or to the email
address you provide to LookingtoRent.com.au during the registration process (in your
case), or such other address as the party shall specify. Notice shall be
deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to LookingtoRent.com.au during the registration
process. In such case, notice shall be deemed given three (3) days after
the date of mailing.
19. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF QUEENSLAND
AND ANY APPLICABLE FEDERAL LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF
LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT
SHALL FIRST BE SUBJECT TO ARBITRATION. ANY ARBITRATION SHALL TAKE PLACE
AT THE GOLD COAST, QUEENSLAND. ARBITRATION SHALL BE GOVERNED BY THE RULES
OF THE AUSTRALIAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE THE SOLE
REMEDY AVAILABLE TO YOU UNDER THIS AGREEMENT. LOOKINGTORENT.COM.AU SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER.
20. In the event that any provision of this Agreement is determined by a
court to be invalid or otherwise unenforceable, such provision (or
portion thereof) shall be enforced to the extent possible consistent
with the stated intention of the parties, or, if incapable of such
enforcement, shall be deemed to be deleted from this Agreement, while
the remainder of this Agreement shall continue in full force and remain
in effect according to its stated terms and conditions.

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