Welcome to Dwell, your rental app – to make renting kinder, gentler, fairer.
We may change or update the Terms and conditions from time to time at our sole discretion with or without prior notice to you, provided they do not materially affect your access or use of the services. Such changes will be effective immediately and incorporated into these terms. You should review regularly for any changes and your continued use will be deemed to be your acceptance of the modified Terms and conditions.
Potential tenants and landlords must create an account in order to access and receive the services and benefits of the app. If you are under 18 years of age, you may not create an account.
To create an account, you must provide your full name, address, email address, mobile phone number and other information requested during the sign-up process. You warrant that all information provided during the sign-up process is accurate and that you will keep information up to date.
When you create an account, you login with your email address and a password. The password you select must not be easily guessable and should be secure. Logon credentials must be kept confidential. You must immediately notify us of any unauthorised use of your logon credentials. You are solely responsible for any use of your email and password.
Use of App/Website
Subject to these terms and conditions, Dwell grants you the right to access the app/website and to use the services. This right is non-exclusive, non-transferable, and limited by and subject to this agreement.
You agree, as a condition of your use of the app/website, you must:
– Ensure that any information you provide is accurate and complete, and will not be misleading, deceptive or likely to mislead or deceive. You will be solely responsible for all costs, losses or expenses suffered or incurred by Dwell as a result of inaccurate, incorrect, incomplete or unlawful information.
– Comply with all applicable laws.
– Only use the app and the service for lawful purposes, in accordance with this agreement and any condition posted on the app or website
– Arrange and pay for any method through which you access the app/website.
– Not attempt to undermine the security, performance, functionality or integrity of our systems and networks or, where the services are hosted by a third party, that third party’s computing systems and networks.
– Not attempt to gain access to any materials other than those to which you have been given express permission to access or to the computer system on which the services are hosted.
– Not access the service to compete with us, cause disrepute or for any other use not contemplated by this agreement or expressly authorised by us.
– Not violate the rights, trademarks, intellectual property or trade secrets of another party.
– Not transmit, or input into the app, 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 (including data or other material protected by copyright or trade secrets which you do not have the right to use);
– Not use the app or any communication tool available on the app for posting or disseminating any material unrelated to the use of the services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, content that may be offensive to any other users of the services or the app;
– Not attempt to modify, copy, adapt, reproduce, disassemble, de-compile or reverse engineer any computer programs used to deliver the services or to operate the app except as is strictly necessary to use either of them for normal operation; and
– Agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Dwell have no responsibility for the legality of your actions. You agree to comply with the laws and regulations of Your jurisdiction.
Use of the service may be subject to limitations, including but not limited to number of matches and restrictions regarding the number of properties that may be managed using the app. Any such limitations will be advised from time to time.
You are responsible for ensuring that all communications you send using the app or send to Dwell are true, complete and accurate. We are not responsible for the accuracy of anything another user posts or submits to our app, nor are we responsible for the online or off-line conduct of other users.
You agree not to use any of the communication services offered by the app to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law. You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Dwell into disrepute.
As a condition of the services, you must pay the fees specified on the app/website at the time of purchase for the specific services acquired by you plus any applicable GST. All Fees quoted are inclusive of GST.
Depending on the services you acquire, you may be charged the following fee types:
– Monthly subscription – where fees are charged monthly and in advance.
– Add on product/service – you will be required to pay fees upfront for any add on service
– We reserve the right to change the fees advertised on the app/website at any time.
Free Trial Periods and Discounts
We may run temporary promotions and offer discounts. – these may be subject to additional terms and conditions. All times and dates specified in promotions are deemed to be the local time in Sydney, Australia, unless otherwise stated.
Dwell offers a payment processing service for the collection of rent. This payment service is provided for this purpose only.
You must be at least 18 years of age and possess legal authority to enter this agreement in order to use Dwell in accordance with these terms and conditions. You also agree that all information supplied by you in using Dwell will be true and accurate.
Any speculative, false or fraudulent use of Dwell is strictly prohibited. You must only use Dwell to enter into transactions. You acknowledge that if Dwell deems, in its absolute discretion, that you have misused Dwell this may result in you being denied access to the App.
You agree to provide any information and documents reasonably required by Dwell to comply with any applicable anti-money laundering or counter-terrorism financing laws including any applicable laws imposing know your customer or other identification checks or procedures with which Dwell is required to comply . All parties must comply with any anti-money laundering or counter terrorism financing laws which are applicable to it and to the maximum extent permitted by law, each party releases each other party from any confidentiality, privacy or general law obligations that they would otherwise owe to the extent that the existence of these obligations or laws would otherwise prevent compliance with this clause.
You agree and acknowledge that Dwell is not a party to the contractual relationship between Tenant and Landlord and/or service providers. You therefore agree that where a refund is owed this must be obtained from the person to whom a payment was remitted by Dwell and not Dwell. You therefore agree that: if you make a payment by credit card you will not seek to obtain a charge back from your credit card provider and, in the event that you obtain a charge back in breach of this clause you indemnify Dwell for all losses or damages of any kind suffered as a result of that charge back. Also if you receive funds from Dwell in respect of a payment that has been collected by Dwell via credit card and a charge back is charged to Dwell in respect of that payment, you will reimburse to Dwell and indemnify Dwell for all losses or damages of any kind suffered as a result of that charge back.
Where there is a dispute, from an amount that has been paid via Dwell or as to whether a refund should be paid, this dispute should be managed between the parties directly. Dwell only collects payment in accordance with the instructions of the Landlords and is not party to any dispute that may arise and will not mediate between the parties.
Where you use Dwell, you may be charged a processing fee. All fees and charges associated with Dwell are fully disclosed at the time of purchase. On receipt of funds from you, Dwell may hold those funds on behalf of the recipient until such time as they are remitted to them, refunded to you (in the event that we are instructed to provide you with a refund) or transferred to us in order to pay our fees and charges. No interest will be payable by us to you or the ultimate recipient of the funds on amounts held by us.
Unless the relevant party has the prior written consent of the other party or unless required to do so by law:
each party will preserve the confidentiality of all confidential Information of the other obtained in connection with this agreement; and neither party will, without the prior written consent of the other, disclose or make any confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this agreement.
The obligations of confidentiality contained in this clause do not apply to any information which is or becomes public knowledge other than by a breach of this Agreement; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; are disclosed in confidence to your professional advisors; is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is disclosed in accordance with and as contemplated by this Agreement.
Ratings and Reviews
We may request that you provide a rating or review of a person, entity or service such as a, property, Tenant, or Landlord. You agree that the ratings and reviews form part of the app data and you grant Dwell an exclusive, royalty free, worldwide licence to use or reproduce your ratings and reviews.
We may publish the rating or review content in full or in part and modify the content of your ratings and reviews for any reason (or no reason) at our sole discretion. We may also remove any rating or review from the app for any reason (or no reason) at our sole discretion. We will reasonably protect your privacy and display your personally identifying details only when authorised by you.
The App and all content forming part of the app are protected by intellectual property laws. You acknowledge and agree that we own, control or have licensed all legal right, title and interest in and related to the app, including all Intellectual Property Rights.
Except where permitted under applicable laws, any of the app’s content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
If You correspond or otherwise communicate with us (including if you post a rating or a review), You automatically grant to Dwell an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your communication, and to prepare derivative works or incorporate the content into other works. This may include, but is not limited to, publishing testimonials on our App/ website, and developing your ideas and suggestions for new or improved products or services.
Title to, and all Intellectual Property Rights in, the data remain your property. However, your access to the data is contingent on full payment of the fees as and when they fall due.
You must maintain copies of all data you input into the app. We adhere to best practice policies and procedures to prevent data loss, but do not make any guarantees that there will be no loss of data. We expressly exclude liability for any loss of data no matter how caused (including without limitation if caused by negligence).
Third Party Apps and Services
The app/website may contain links to other websites or services controlled by third parties. You agree that we are not responsible for any act or omission of, or the content or privacy practices of apps or services that are controlled by third parties. You access the sites and/or use the products and services offered by third parties solely at your own risk and should make your own enquiries before relying on any content contained in such websites.
Links to websites or services controlled by third parties are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by us of the third party, or the products or services provided by the app or third-party service provider. We may receive fees, commissions or other reward from third parties for introductions to a third-party site.
You may put links on your site pointing to our Dwell app/website provided that all links must comply with these terms. If directed by Dwell, you agree to immediately remove any links from your site if Dwell deems the links to be misrepresentative of its brand, image and reputation in any way, or for any other reason in Dwell’s sole discretion.
You indemnify and release Dwell from any claims that you may make against us in respect of the matters referred to in this clause howsoever arising including in contract, tort (including negligence), or otherwise including without limitation loss of an indirect or consequential nature.
If you have a complaint about the app or services please contact us at email@example.com.
You must attempt to resolve any dispute with us in good faith prior to commencing any form of litigation or legal proceedings.
We reserve the right to suspend or terminate this agreement, your access and use to the app and services, for any definite or indefinite period of time, and to your data for any reason (or no reason).
We may suspend or terminate your use of the app and/or your account where you have, or we reasonably suspect that you may have breached any of the terms.
If you cancel/delete your account, any or all of your data you have entered into the app may be deleted. It is recommended that you retain a copy of any data before cancelling your account.
Unless otherwise agreed with us or stated in these terms and conditions, we are not liable to you or any third party for any damages, liabilities, losses that a user or any other third party may incur, as a result of any termination or suspension of your access to the app, use of the services or your account under these terms and conditions.
Termination of this agreement is in all cases without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
You agree to defend and fully indemnify and hold Dwell indemnified against all claims, actions, suits, demands, costs, damage, and losses (including legal costs and expenses) or liability arising from your breach of this agreement or any obligation you may have to Dwell, including (but not limited to) any costs relating to the recovery of any fees that are due.
Limitation of Liability
Except as required by law, we give no warranty regarding the services including, without limitation, in relation to whether the services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability and fitness for purpose.
Notwithstanding the above and notwithstanding any other provision in this agreement, we do not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.
Where any condition, warranty or right is implied by law, or there is a statutory consumer guarantee that cannot be excluded, We limit our liability for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee to the extent permitted by law. In particular, to the extent possible, we limit our liability in respect of any claim to, at our option: the supply of our services again; or the payment of the cost of having the services supplied again.
Without limiting and subject to the foregoing, to the maximum extent permitted by law, We exclude all liability and responsibility to you in contract, tort (including negligence), or otherwise, for any loss (including without limitation loss of an indirect or consequential nature) or damage resulting, directly or indirectly, from any use of, or reliance on, the service or app. Any reliance you place on, or any act done based on or in response to, the content of the service or the app will be at your own risk. You indemnify and release us against any claim for loss or damage of any kind suffered by you or any other person as a result of your use or reliance, or the use or reliance on the service, the app or its contents.
The provisions of this clause apply only to your use of our app. By downloading and/or using our App, you agree that you have entered into an agreement with us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the app, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in this agreement.
By downloading the app from an app Network, Dwell grants you a non-transferable license to use the app on any iPhone, iPod touch or other relevant device that you own or control as permitted by the usage rules of the app network and their terms of service.
The parties both acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to your use of a version of the app downloaded through the app Store you may notify Apple, and Apple will refund the purchase price for the app to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
The parties acknowledge that Dwell, and not Apple or Google, are responsible for addressing any of your claims relating to the app or your possession and/or operation of the app, including, but not limited to: (i) product liability claims made in respect of the app; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the app.
The parties acknowledge that Dwell, and not Apple or Google, are responsible for any claim that the app infringes any third party intellectual property rights and that Dwell, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.
Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provision of this agreement.
This Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and Dwell relating to the services and the other matters dealt with in this agreement.
A failure or delay by us to exercise a power or right under this agreement does not constitute as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future exercise or the exercise of any power or right by or on behalf of us.
If a provision of this agreement is declared or determined by any court to be void, invalid or unenforceable at law, that provision is hereby severed from and deemed not to be part of this agreement, and the remaining provisions will continue to apply with such deletions or modifications as necessary to make them valid, effective and enforceable. Removal of any provision of this agreement will not affect the validity of what remains.
This Agreement are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from this agreement are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
You may not assign or transfer any rights to any other person without our prior written consent. Dwell may assign or transfer its rights and obligations under this agreement on the provision of notice to you.
Any notice given under this agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to firstname.lastname@example.org or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the service.
The app may be accessed throughout Australia and overseas. Dwell makes no representations that the content or the services offered by the app complies with the laws (including residential tenancy and intellectual property laws) of any country outside Australia. If You access this app from outside Australia or use this app to manage a property that is located outside Australia, You do so at your own risk and are responsible for complying with the laws in the place where you access this app and/or the place in which your property is located.