Terms of Use

Akora – the new age in property. We are pretty proud of how that sounds.

Thanks for visiting our platform, we are excited about what we do and the platform we have created. It takes an enormous amount of time and resources to produce a quality online platform and these terms are one of the ways we protect our investment. These terms are important, and we expect all users to comply with them.

Firstly, a few defining terms:

By using this platform as a visitor or signing up for an account with us, you are agreeing to be automatically bound by these terms of use, our privacy policy and our website disclaimer [link these words], collectively called our ‘terms’.

If you request use of specific services on our platform (for example complete a lease application as a tenant or management of your property as a landlord using our platform), you will be bound by our terms as well as specific service agreements relevant to your use. The terms of any service agreements will be provided to you for acceptance before you become bound by them.

We aim for transparency in all our dealings. If you have any concerns about these terms or any service agreement provided to you, please contact us to discuss your concerns prior to accepting or becoming bound by them.

If you do not agree with our terms, please do not use our platform, our services or our public access areas.

We regularly update our terms and the updated terms take effect from the date they are displayed on our platform, so please check for updates.

Feedback, comments or complaints

If you have any questions, feedback or complaints, please contact us at hello @ akora.com.au. We usually respond to enquiries within two business days however sometimes it may be longer if we need to investigate.

Your use of our platform

As a condition of your use of this platform, you warrant that you will not use this platform for any purpose that is unlawful, prohibited by our terms or detrimental to our business model, business reputation or business performance.  

You may not use this platform in any manner which could damage, disable, overburden, or impair this platform or interfere with any other party's use or enjoyment of this platform.

You agree not to hack into areas of this platform that are not intentionally made available to you.

You expressly agree not to:

If you provide us with personal information about another person, you agree you will obtain the prior consent of the other person to share their personal information with us and for us to use the information for the purpose it is given. For example, if you nominate a second tenant on a tenancy application, you must first obtain their consent to provide us their name and email address and for us to use their information to send them a link via email to a partly populated application form.  If you fail to meet this obligation, you agree to be responsible for and indemnify us against all claims or losses arising from your failure, including any contravention of the SPAM Act 2003 or privacy laws. When you obtain their consent please provide them with a link to our privacy policy.

Your access as an account holder

To access many of the features or services on the platform, you will be required to open an account with us. To be eligible to open an account, you must be at least 18 years old. Our services relate only to residential rental property within Western Australia, Australia.

To open an account, you must enter your full name, email and mobile phone or other contact phone number.  Your username will be your email address and you will be prompted to enter a password which you agree you will keep secure and not share or assign to any other person. This is your responsibility as you will be responsible for all activity that happens in your account.

If a user accesses your account using your username and password, you agree we (or our platform) may deal with and interact with that user on the basis they are either you or have been authorised by you.

In addition to any other rights we have, if we reasonably believe or suspect you are in default of any of your obligations under these terms or any other agreement you have entered into with us, we may (at our discretion):

Our rights

We have no on-going obligation to continue any or all of the services or features available via our platform. To enable smooth operation of our business, flexibility to keep up with changing regulations and laws and to account for unknown future changes, we reserve the right to:

Links disclaimer

This platform may contain links to other platforms (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of, or any form of transmission received from, a Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Site (or products or services available on the Linked Site), or any association with its operators.

Rules for behaviour on Public Access Areas

When using our public access areas, you agree to comply with our terms (including these rules for behaviour) and the rules of the provider (e.g. Facebook) that makes the public access area available.

You agree:

We are not responsible for any loss, damage, liability, cost or expense however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of our public access areas including use of information posted by us or others.

In addition to any of our other rights, if you do not comply with our behaviour rules, we may remove your posts or material and/or remove your access to the relevant public access area. We reserve the right to suspend or terminate your account with us, including suspending or terminating any service agreements you have with us (subject to the terms of those agreements).

Promoted Services - disclaimer

If we promote third party products or services via our platform it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Copyright, Trademarks and other Intellectual Property

We own (or have a license to use in the manner used) all intellectual property rights in the trademarks, logos, business names, content, code, software, documentation, user interfaces, original text, images, video, audio, design, algorithms, functionality and layout included in our platform, as well as in material we have placed on, uploaded to or built in to public access areas (IP material).

Except for a single permanent copy for your personal use, you must not without our prior written approval:

You agree not to change or delete any copyright or proprietary notice from any materials downloaded from our platform, our public access areas or any site accessible through this platform.

Please contact us at legal@akora.com.au if you seek consent to use or reproduce any of our IP material or would like to insert a link to our platform. If we give our consent, you acknowledge we may withdraw our consent at any time. If our consent is withdrawn, you must destroy any IP material you have used or reproduced and must immediately remove any links.

Images and item descriptions posted on this platform by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content, including images. Images of individuals (and potentially their properties) are their personal information and collection of that information from our platform or public access areas may require you to comply with Australian privacy laws.

The names of actual companies and products mentioned on this platform may be the trademarks of their respective owners.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our platform, its content, public access area content or our IP material.

Your content

Your content means any information, links, property images, other images or other content you enter, add to or upload onto our platform or public access areas.

You warrant that, in relation to your content (or any part of your content):

You indemnify us against any claims, loss or damage made or suffered by us or any third party due to a breach of your warranties.

By submitting your content to our platform you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, providing services for you or for promoting our business, now or in the future. We will not use your content for any other purpose.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms or if we receive a takedown notice in relation to your content which we believe has merit (in our sole discretion). We are not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe there is material on our platform that infringes third party intellectual property rights, please contact legal@akora.com.au with sufficient information to enable us to determine who is the owner of the intellectual property and if there has or has not been an infringement. If we form the reasonable belief the material is infringing, we will remove infringing material from our platform.

Be aware that you may be subject to liability if you knowingly make any misrepresentations or omissions when providing information to us.

Security and accessibility

While we make reasonable efforts to maintain the security of our platform and hard copy storage of data to industry standards, we do not guarantee the security of the platform, our records, or your content.

We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our reasonable control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the platform is dependent upon third party services. As a result, the platform may be inaccessible from time to time.

We are not liable for failures or errors with functions on our platform or for any delays, defects or failures in transmission to or from our platform, including automated sending of forms, notices or emails or loss or damage caused by pushing or importing of data or integrations.  

Limitation of liability

Subject to any requirements of Australian Consumer Law that cannot be contracted out of and to the fullest extent possible under all other laws, we will not be liable to you or any other person or entity for any damages whatsoever arising as a result of any use you make of the platform or information, functionality or services found on the platform. In no instance will we be liable for special or consequential damages.

We provide the platform as a platform only and you accept the platform on an ‘as is where is’ basis. You agree that any use you make of the platform or the content on it is at your sole risk. We are not liable to you or any third party for your use of the platform including (but not limited to) your interaction with any other user or person on or arising from the platform, the quality or accuracy of information on the platform, delays, inaccurate information provided to us, fraud (other than our own), disputes with third parties or a failure, loss or damage suffered by you or a third party in relation to a tenancy or property.

If warranties or liabilities are implied by law, you acknowledge and agree that our total aggregate liability is limited (at our discretion) to the provision of the defective services again, or to a refund to you of an amount equal to the total amount paid by you in the 6 month period prior to delivery of the particular service(s) that are the subject of the cause of action, even if those services were provided to you without cost.

Where any of our agreements (including these terms, our service agreements, our management agreement or any other written arrangement) impose an obligation on a third party, you agree we are under no obligation to impose that obligation on the third party. Any decision to impose or not impose an obligation on a third party is at our discretion and we will not be liable to you or any other person if we do or do not impose the obligation.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this platform or the services found on this platform.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

General

Applicable law - This agreement is governed by the laws of Western Australia, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this platform.

Notices - You may provide notice to us at legal akora.com.au. We may provide notice to you via email or other electronic means (to the last email address you provided to us).

Jurisdiction - Use of this platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this platform is unauthorized, it is your responsibility to stop using this platform.  

Relationship - You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of the platform. If we enter into a property management agreement with you, any relationship established under that agreement applies only to our respective obligations under that agreement.

Disclosure - Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with government, court or law enforcement requests or requirements relating to information provided by you or your use of the platform or public access areas.

Waiver - Any time or other indulgence granted by either party will not in any way amount to a waiver of any of that party’s rights or remedies under this agreement.

Validity - If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.