Hutly Legal

Bondable Terms

Bondable Terms

Bondable Terms of Use

1 Outline

1.1 These Terms of Use are the binding agreement between Hutly Pty Ltd (Hutly, we, us, our) and the registered user of Bondable (you, your) for use of Bondable (including the Hutly Platform).

1.2 We may amend these Terms of Use from time to time.

1.3 If you continue to use Bondable after the date a change takes effect, you are bound by that change.

1.4 If you do not agree to be bound by a change, you may cancel your User Account and it will be deemed to be a request under clause 8.5.

1.5 You are responsible for ensuring you have the latest version of these Terms of Use.  We make the latest version available on at the Hutly Website.

2 Registration Process

Registration
2.1 To use Bondable, you must register through the Hutly Platform.

2.2 To register, you must be one of the following:
(a) an Australian citizen being at least 18 years old;
(b) a body corporate registered in Australia;
(c) a partnership formed in Australia;
(d) an Australian government body;
(e) a trust formed under Australian law; or
(f) an association formed under Australian law, and provide all of the information, and undertake all steps, required to complete the registration process.

2.3 We may accept or reject your application to use Bondable at our discretion.

2.4 You release and indemnify us in respect of any loss or liability arising from the rejection of your application to use Bondable for any reason.

User Account
2.5 As part of the registration process, you will set up a User Account.  Your User Account is for use only by you and your Authorised Users.  You cannot transfer or assign your User Account to any other person or entity.  

Exclusions
2.6 You agree that Bondable is not a Financial Product and is not being used to make a financial investment or manage a financial risk.

2.7 You agree that Bondable is not a Credit Contract, nor is it provided, or intended to be provided, for use in connection with the provision of Credit under the National Credit Code.

3 Bond

Payment of Bond Amount
3.1 We will pay the agreed Bond Amount to the Bond Holder within five Business Days of the later of the following:
(a) Acceptance of your application.
(b) Payment of the Establishment Fee.
(c) Receipt of all required documentation, including the Payment Authorisation.

3.2 As consideration for our payment of the Bond Amount to the Bond Holder, you agree to:
(a) Comply with the terms of this agreement;
(b) Pay us the Subscription Fee; and
(c) Assign the Bond Rights to us.

Bond Rights
3.3 You authorise us to give notice of the assignment of the Bond Rights to the Bond Holder and the Agent.

3.4 Subject to the law, if you are required to create an account with the Bond Holder in relation to the Bond (“Bondholder Account”), you must provide us the details required to access the account and provide written notice of any changes to the access to the account.

3.5 If permitted by law, you must advise the Bond Holder that the Bond Amount has been paid by us and ensure we are recorded as the Contributor of the Bond Amount.

3.6 You appoint us as your agent for the purposes of claiming the return of the Bond and the return of the Bond Amount to us. This appointment cannot be cancelled by you, but will terminate if you pay us an amount equal to the Bond Amount under clause 8.9(a)(ii),

Return of Bond Amount
3.7 You agree:
(a) to use your best endeavours to ensure the full amount of the Bond Amount is returned directly to us from the Bond Holder at the end of the term of the Lease, on termination of this agreement or when a full or partial refund of the Bond is initiated by you, the Agent or the Landlord;
(b) subject to the law, to request the Bond Holder use our nominated bank account to receive the return of the Bond Amount (or part thereof) at the end of the term of the Lease or on termination of this agreement or when a full or partial refund of the Bond is initiated by you, the Agent or the Landlord;
(c) not to appoint any person (other than us) as your agent for the purpose of claiming the return of the Bond;
(d) to only change your payment details with the Bond Holder with our prior written consent;
(e) to only change your Bondholder Account access details with our prior written consent; and
(f) to notify us of any changes to your details recorded with the Bond Holder, including contact and bank account details.

3.8 Subject to the law, you authorise us to act as your agent with respect to the Bond held by the Bond Holder.

3.9 If the Bond Holder pays the Bond Amount (or part thereof) to you (for any reason, including following the end of the Lease), you must immediately pay the funds directly to us (without deduction). If you receive the Bond Amount (or part thereof) directly from the Bond Holder, then you acknowledge you receive the payment on our behalf and solely for our benefit.

3.10 You must reimburse us for any amount deducted from the Bond Amount to fund the cost of any cleaning, damage or repair of the Rental Property for which you are responsible or liable under the terms of the Lease (including any associated costs or charges).

Application of Bond Amount to new Lease
3.11 At any time prior to the end of a Lease (or at such other time as we agree), you may request the Bond Amount to be applied to a new Lease. The application of the Bond Amount to the new Lease is at our absolute discretion.

3.12 If we agree to apply the Bond Amount to the new Lease, then this agreement will continue to apply to the Bond Amount and any obligations you have in respect of the Lease will apply to the new Lease.

3.13 If we do not agree to apply the Bond Amount to the new Lease, then the Bond Amount must be returned to us in accordance with this agreement.

Bond Amount increases
3.14 At any time, you may request an increase to the Bond Amount. Any increase to the Bond Amount is at our absolute discretion.

3.15 If we agree to fund an increase to the Bond Amount, then you must pay the applicable Subscription Fee based on the full amount of the Bond Amount. For example, if the increase to the Bond Amount means the total Bond Amount falls under a higher Subscription Fee band, then you will be required to pay the higher Subscription Fee amount in accordance with the terms of this agreement.

3.16 If we do not agree to fund an increase to the Bond Amount, then you must ensure the full amount of the Bond for the new Lease is paid to the Bondholder. We are not responsible or liable if you fail to pay the full amount of the Bond to the Bondholder, including if the new Lease is terminated or otherwise rescinded due to a failure to pay the full amount of the Bond.

Lease
3.17 During the Term, you must (and ensure the co-occupants of the Rental Property):
(a) comply with all of the terms of the Lease;
(b) not do anything wilfully or negligently that would cause the Agent or the Landlord to be authorised to deduct any amount from the Bond;
(c) not claim any right to receive the Bond (or part thereof) from any person, including the Bond Holder, the Landlord or the Agent unless the law applicable in your State or Territory where the Rental Property is located requires the Bond be returned directly to you, in which case you acknowledge that in such circumstances clause 3.9 will apply;
(d) not do anything that may prevent us or delay us from recovering the Bond Amount (such as changing the details required to access the Bondholder Account without our consent);
(e) not sell or attempt to sell the Bond Rights to any third party; or
(f) not grant or attempt to grant a security interest over the Bond Rights to another person.

3.18 You are responsible for compliance with the Lease, including the requirement to pay the Bond. We bare no responsibility or liability in connection with your compliance with the Lease.

3.19 You must fund the cost of any cleaning, damage or repair of the Rental Property for which you are responsible or liable under the terms of the Lease (including any associated costs or charges) from your own resources or such external sources that you arrange.

3.20 You must use your best endeavours to prevent the Bond Amount being used to pay any amounts owed by you to the Landlord, including missed rental payments, or to fund the cost of any cleaning, damage or repair of the Rental Property for which you are responsible or liable under the terms of the Lease.

4 Your obligations

4.1 You are responsible for the security of your login details and all activity undertaken using your User Account or login details.  

4.2 You must:
(a) comply with this agreement at all times;
(b) ensure you keep your login details safe and secure and only provide them to your Authorised Users;
(c) ensure that all information you provide to us (including as part of the application process), or which is provided to us on your behalf, is accurate and complete and not misleading;
(d) notify us as soon as possible after any of the information provided to us changes or becomes inaccurate, incomplete or misleading;
(e) pay the Subscription Fee when required;
(f) if requested, cooperate with us or any third party we nominate in connection with Bondable or any matter reasonably related to Bondable or the provision of the Bond Amount;
(g) not impersonate another person or attempt to access another person’s User Account;
(h) not use Bondable to claim any payment to which you are not legally entitled; and
(i) not use Bondable with the purpose or effect of defeating or circumventing the provisions of any law (including, for example, security of payment legislation or anti-money laundering legislation) or other legal obligation (including any statutory obligation, contractual obligation or order of a Residential Tenancy Authority).

4.3 You must:
(a) use the Hutly Platform in accordance with this agreement, all applicable laws and any rules of conduct as determined by us
(b) use the Hutly Platform solely to use Bondable for its intended purpose;
(c) not use the Hutly Platform (including by posting material, statements or payment references) in a way that is or may reasonably be considered to be defamatory, threatening, harassing, offensive, obscene, discriminatory or otherwise unlawful;
(d) not attempt to breach any security arrangements relating to the Hutly Platform, either regarding a particular User Account or Bondable in general; and
(e) notify us as soon as you become aware of, or suspect, any misuse of your login credentials, your User Account or Bondable generally.

5 Warranties

5.1 You warrant and represent that:
(a) you have the full power and authority to enter into and to perform your obligations under this agreement;
(b) this agreement constitutes legal, valid and binding obligations, enforceable against you in accordance with its terms;
(c) all information (including Personal Information) provided by you when applying for and using Bondable is accurate and complete and not misleading;
(d) you have obtained any necessary third party consents in connection with all information (including Personal Information) provided by you when applying for and using Bondable;
(e) you accept responsibility for all transactions and activity conducted through your User Account or login (whether or not authorised by you);
(f) you accept responsibility for any transactions you or your Authorised Users make in connection with your User Account;
(g) you and any co-occupants of the Rental Property are not in breach of the Lease;
(h) you have sufficient funds (or access to sufficient funds) to fund your obligations under the Lease, including the obligation to pay rent and cleaning or damage to the Rental Property;
(i) there are sufficient funds in the nominated account specified in the Payment Authorisation to pay the Subscription Fee each week; and
(j) you have not suffered an Insolvency Event.

5.2 You repeat the warranties and representations in clause 5.1 each day during the Term.

5.3 You acknowledge that we are relying on these warranties and representations in entering into this agreement and continuing to provide Bondable to you.

6 Bondable conditions

6.1 Subject to clause 10.5, Bondable is provided on an ‘as is’ basis and we do not make any warranty, representation or guarantee (whether express or implied) that Bondable is suitable for your purposes or is fit for any particular purpose, and make no warranty, representation or guarantee of merchantability, non-infringement or availability.

6.2 We use reasonable endeavours to make Bondable generally available, but we do not guarantee that Bondable will be continuous, uninterrupted or error-free.  You acknowledge that your access to the Hutly Platform relies on third party networks and service providers which neither you nor we can control.

6.3 We take reasonable precautions to preserve the security of the Hutly Platform, but do not guarantee that the Hutly Platform or Bondable are secure from hacking attacks, viruses, malware, worms, denial of service attacks or other malicious code or activity.  You must ensure you have up to date internet security protection.

6.4 We are permitted to suspend and cancel User Accounts at any time and without notice.

6.5 You can ask us to update your User Account details from time to time.  However, we will not update those details if we reasonably consider that the update has been requested for an improper purpose or are incorrect.

7 Fees and Payment

Establishment Fee
7.1 You must pay the Establishment Fee on the commencement of this agreement.

Subscription Fee
7.2 You must pay the Subscription Fee for your use of Bondable as consideration for our payment of the Bond Amount.

7.3 The Subscription Fee is payable each week for the Term, unless another payment frequency is agreed in writing by us.Termination Fee

7.4 If applicable, you must pay the Termination Fee on termination of this agreement.

Payments
7.5 You understand that this is an ongoing agreement and is a legally binding obligation for which you are financially responsible. 7.6 You agree that, if you fail to make a payment of the Subscription Fee when it is due, you must immediately pay the amount owing. Failure to pay an amount owing may result in you being in breach of this agreement which may result in termination of this agreement.

Direct debit arrangements

7.7 We may deduct the Subscription Fee and other amounts owing under this agreement from your nominated account in accordance with the Payment Authorisation, without further acknowledgment or approval from you (or the account holder).  

7.8 You will be charged each week as set out in the Payment Authorisation (unless another payment frequency is agreed in writing by us) and these payments will continue until all amounts owing under this agreement (including amounts payable on termination) have been paid.

7.9 If we have not received payment in accordance with clause 7.7 (e.g., if the direct debit arrangement is cancelled or there are insufficient funds to make the payment), you are still responsible for the Subscription Fee (or other amount owing) and must pay the amount within 14 days after the date of issue of a notice of non-payment of the applicable amount. We are permitted to continue to attempt payment at any time if payment is not received in accordance with clause 7.7.

7.10 If an automatic debit arrangement is in place, Subscription Fees will continue to be debited from your credit card or account until you cancel the arrangement by notifying your bank or credit provider; or until such time that all amounts owed by you under this agreement have been paid. If you terminate this agreement or stop the automatic debit arrangement in a manner not described in this agreement, then you may be liable to us for damages for breach of contract.

7.11 You understand that it is your responsibility to ensure funds are available to pay the Subscription Fee on the chosen debit date as per the Payment Authorisation. If your payment is declined by our financial institution you understand that we will incur costs associated with the decline and may charge a fee of up to $5 for each decline that occurs. You are liable to pay or otherwise reimburse us for any fees incurred by us as a result of a payment being declined, for any reason.

8 Term, suspension and closure

Term
8.1 This agreement commences at the time your registration for Bondable is complete, and continues until this agreement is terminated in accordance with this clause 8.

We can suspend or close your User Account
8.2 We may, but are not required to, suspend or close your User Account at any time if we reasonably believe that:(a) you have breached or are likely to breach this agreement or any law in connection with your use of Bondable;(b) your User Account or login details are being, or we reasonably believe are likely to be, used fraudulently or in an unauthorised way; or(c) your User Account or login details are being, or may be used, in a way that may compromise the integrity of the Hutly Platform or Bondable, or that may damage our reputation.

8.3 We may change your User Account details or registration details as we determine necessary, including to ensure they are correct and not misleading.

8.4 We can also suspend or close your User Account at any time by giving notice to you.

8.5 Suspension or closure of your User Account does not vary, suspend or cease your obligation to pay the Subscription Fee (and such other amounts) under this agreement.You can ask us to cancel Bondable

8.6 You may ask us to cancel Bondable and terminate this agreement at any time.

8.7 If we accept the cancellation of Bondable and agree to terminate this agreement, the remainder of this clause 8 will apply.

We can cancel Bondable
8.8 If you are in breach of this agreement (e.g., if you fail to make a payment when it is due, such as payment of the Subscription Fee, or you suffer an Insolvency Event), then:
(a) we will notify you of the breach and you will have 10 Business Days to rectify that breach (or such longer period that we determine); and
(b) if you do not rectify the breach within the time period allowed, then we may terminate this agreement at any time.

8.9 We will notify you if we terminate this agreement pursuant to clause 8.7.

Termination of Bondable
8.10 If this agreement is terminated, you must immediately:
(a) either:
(i) arrange for the Bond Amount to be returned to us (in full and without deduction) by the Bond Holder; or
(ii) pay us an amount equal to the Bond Amount (in full); and
(b) pay us any other monies owing under this agreement, including the Termination Fee.

8.11 If you pay us an amount equal to the Bond Amount under clause 8.9(a)(ii), then following receipt of the monies under clauses 8.9(a)(ii) and 8.9(b), the Bond Rights will be assigned to you.

Consequences of suspension or termination

8.12 Termination of this agreement does not affect any accrued rights or remedies of either party, including our right to the payment of all monies under clause 8.9.

8.13 On termination of this agreement, we may suspend or cancel your User Account or access to the Hutly Platform at our discretion.

8.14 You may submit a new application for registration if you wish to use Bondable again (but we are not obliged to accept it).
Survival

8.15 Termination of this agreement will not affect clauses 5, 10, 11, or 18.2 or any provision of this agreement which is expressly or by implication intended to come into force or continue on or after the termination.

9 Intellectual property

We let you use the Hutly Platform
9.1 As between you and us, we own all Intellectual Property Rights in the Hutly Platform and Bondable.

9.2 We grant you a revocable, non-exclusive, non-transferable right to use the Hutly Platform solely for the purpose of using Bondable as permitted by this agreement during the Term.  

9.3 Subject to clause 9.5, you may include hyperlinks to the Hutly Platform on your own website or in other materials to promote the use of Bondable, and may install any widget or software application we provide you for that purpose.  We may withdraw this right at any time at our sole discretion.

9.4 You must not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from the Hutly Platform.No use of the Hutly trade marks or logos

9.5 You must not use our trade marks or logos except with our prior written consent.

10 Limitation of liability

Limitation
10.1 Subject to clauses 10.3, 10.4 and 10.5, our liability for any loss or damage, however caused (including by our default or negligence), suffered by you in connection with this agreement is limited to the lesser of:
(a) the Subscription Fee you have paid in the 12 months before you first suffered loss or damage in connection with this agreement; and
(b) $100.

10.2 The limitation set out in clause 10.1 is an aggregate limit for all claims, whenever made.

Consequential loss
10.3 Subject to clause 10.5, we are not liable for any Consequential Loss, however caused (including by our default or negligence), suffered or incurred by you in connection with this agreement.

No liability for certain matters

10.4 Subject to clause 10.5, we are not liable for any loss or damage suffered by you in connection with:
(a) the Lease, including any failure by you to comply with the terms of the Lease;
(b) any use of the Rental Property by you, co-occupants of the Rental Property, guests, intruders and uninvited persons;
(c) any cleaning, damage or repairs to the Rental Property; or
(d) any unauthorised use of your User Account, and you irrevocably and unconditionally release us from any claim in relation to any such loss or damage.

Liability for consumer guarantees
10.5 If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service we supply in connection with this agreement, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, clauses 10.1, 10.3 and 11.1 do not apply to that liability and instead our liability for such failure is limited to (at our election), in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.

11 Indemnity and waiver

Your indemnity
11.1 You are liable for, and indemnify us from and against, all loss or damage (including legal costs) we incur or suffer however caused in connection with:
(a) any breach of this agreement by you;
(b) any claim, proceeding, action, inquiry, judgement, order or direction (including by a Government Agency) in relation to the Lease or your use of Bondable;
(c) any deduction from the Bond Amount (including on the direction of a Government Agency) including as a result of:
(i) any breach of the Lease;
(ii) non-payment of rent under the terms of the Lease; or
(iii) any cleaning, damage or repair required under the terms of the Lease for which you are responsible or liable;
(d) any claim relating to the matters set out in clause 10.4; or
(e) our participation in dispute resolution proceedings, legal proceedings or regulatory matters of any kind (for instance proceedings involving our recovery from you of any amount deducted from the Bond Amount for cleaning, damage or repair to the property rented under the Lease).

11.2 If you owe us any monies under this agreement and your failure to pay such monies causes us to enter into a debt recovery process, then you are liable for, and indemnify us from and against, all costs and disbursements incurred by us (including but not limited to administration fees, legal costs on a solicitor and client basis, collection agency costs, and bank fees).

Continuing obligation
11.3 Each indemnity contained in this agreement is a continuing obligation notwithstanding:
(a) any settlement of account; or
(b) the occurrence of any other thing, and it is not necessary for us to incur expense or make payment before enforcing or making a claim under an indemnity.

12 Force majeure

12.1 We will not be:
(a) in breach of this agreement as a result of; or
(b) liable for, any failure or delay in the performance of our obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any of your acts or omissions.

13 Privacy

13.1 Our Privacy Policy sets out how we will treat any personal information we collect from you.

13.2 It is your responsibility to check for updates to the Privacy Policy.

13.3 You agree that you have read and understood our Privacy Policy and consent to your Personal Information being collected, used, disclosed and stored in accordance with that policy until such time as you advise us otherwise.

13.4 You declare that you are authorised to provide the Personal Information supplied to us in connection with your application and have obtained any necessary consents to provide us with that information.

13.5 You must provide any documentation or other information we request to process your application and/or to verify your identity or other details.

14 Verification

14.1 We may, but are not obliged to, make enquiries or take other steps to check and/or verify your identity (including the identity of any Beneficial Owner) or the accuracy of any information you provide to us with the applicable document issuers, official record holders, service providers, government or regulatory bodies, credit agencies or other information holders and repositories.  This may include using and sharing your information with third parties, ordering credit reports, performing credit checks, verifying your details against third party databases, making nominal transactions to test your banking details, or any other steps we decide to take. You agree that we are permitted to do these things.

15 Costs

Costs payable by each party
15.1 Each party bears its own costs in relation to preparing and entering into this agreement.

Costs payable by you
15.2 You must pay:
(a) all stamp duty (including penalties and interest) assessed or payable in connection with this agreement and your use of Bondable; and
(b) subject to this clause15 , all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of this agreement.

16 GST

16.1 Any words capitalised in this clause 16 and not already defined in clause 18.1 have the meaning given to those words in the GST Act.

16.2 Except under this clause 16, the consideration for a Supply made under or in connection with this agreement does not include GST.

16.3 If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:
(a) the Recipient must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to, and in the same manner as the consideration otherwise payable under this agreement for that Supply); and
(b) the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.

16.4 For clarity, the GST payable under clause 16.3 is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the GST Act Supplier is liable, however caused.

16.5 If either party has the right under this agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this agreement, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed by the party being reimbursed or indemnified.

16.6 Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.16.7 Where a Supply made under or in connection with this agreement is a Progressive or Periodic Supply, clause 16.3 applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.

17 General

17.1 The laws of Queensland, Australia govern this agreement.

17.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.

17.3 Where we may exercise any right or discretion or make any decision under this agreement, we may do so at our absolute discretion, conditionally or unconditionally, and without being required to give reasons or act reasonably.

17.4 You must not assign, in whole or in part, or novate your rights and obligations under this agreement without our prior written consent.

17.5 We may assign our interest under this agreement without your consent.

17.6 This agreement does not create a relationship of employment, trust, agency or partnership between us and you.

17.7 If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this agreement in the relevant jurisdiction, but the rest of this agreement will not be affected.

17.8 These Terms of Use supersede all previous agreements about their subject matter.  These Terms of Use embody the entire agreement between the parties.

17.9 To the extent permitted by law, any statement, representation or promise made in any negotiation, discussion or any other manner (including on the Hutly Platform) is withdrawn and has no effect except to the extent expressly set out or incorporated by reference in this agreement.

17.10 Each party acknowledges and agrees that it does not rely on any prior conduct or representation by the other party in entering into this agreement.

17.11 We may subcontract the performance of all or any part of our obligations under this agreement.

17.12 The failure of a party to require full or partial performance of a provision of this agreement does not affect the right of that party to require performance subsequently.

17.13 A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.

17.14 A right under this agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.

17.15 All payments made and received in relation to this agreement must be in Australian dollars, unless we expressly agree otherwise in writing.

18 Definitions and interpretations

Definitions
18.1 In these Terms of Use: Agent means the real estate agent appointed to act on behalf of the Landlord in relation to the Lease.
Authorised User means any person you authorise to access and use the User Account on your behalf.

Beneficial Owner has the meaning given to that term under section 1.2.1 of the Anti-Money Laundering and Counter-Terrorism Financing Rules 2006 (Cth)

Bondable means the service described in this agreement.

Business Days means a day other than a Saturday, Sunday or a public holiday in Brisbane, Queensland.

Bankruptcy Act means the Bankruptcy Act 1966 (Cth).

Bond means the rental bond to be paid under your Lease.

Bond Amount means the amount of the Bond we provide to the Bond Holder in connection with your Lease.

Bond Holder means the person (such as the Residential Tenancy Authority, Landlord or Agent) that holds the Bond.

Bond Rights means all of your rights to receive a refund or return of the Bond Amount from the Bond Holder that can be assigned by you, at law or in equity.

Consequential Loss means:
(a) indirect loss;
(b) loss of revenues;
(c) consequential loss or damages;
(d) loss of reputation;
(e) loss of profits;
(f) loss of bargain;
(g) loss of actual or anticipated savings;(h) lost opportunities, including opportunities to enter into arrangements with third parties; and
(i) loss or corruption of data.

Contributor means a person that is responsible for the payment of all or part of a Bond under the applicable residential tenancy legislation

Corporations Act means Corporations Act 2001 (Cth).

Credit has the meaning given to that term under section 761A of the National Credit Code.

Credit Contract has the meaning given to that term under section 761A of the National Credit Code.

Establishment Fee means the fee which is payable to establish your subscription as set out on [placeholder link to Bondable pricing tiers on website] on acceptance of your application.

Financial Product has the meaning given to that term under section 761A of the Corporations Act.

Force Majeure Event means any occurrence or omission outside a party’s control and includes:
(a) a physical natural disaster including fire, flood, lightning or earthquake;
(b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(c) epidemic or quarantine restriction;
(d) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any Government Agency;
(f) law taking effect after the date of this agreement;
(g) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party's subcontractors; and
(h) telecommunications or network fault or error.

Government Agency means:
(a) a government or government department or other body (including government-owned corporations);
(b) a government, semi-governmental or judicial person; or
(c) a person (whether autonomous or not) who is charged with the administration of a law, including a Residential Tenancy Authority.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).GST Act Supplier means the entity making the Supply.

Hutly Platform means the online platform or platforms (including mobile platforms) through which Bondable is provided from time to time.

Hutly Website means www.hutly.com

Bondable website means www.bondable.me

Insolvency Event means any of the following events concerning a party, unless the events take place as part of a solvent reconstruction, amalgamation, merger or consolidation on terms approved by the other party before it takes place and the implementation of the reconstruction, amalgamation, merger or consolidation complies with the terms of the approval:
(a) if an administrator, liquidator, receiver, receiver and manager or other controller (as defined in the Corporations Act) is appointed to, or over, any of the property or undertaking of the party;
(b) if the party becomes bankrupt;
(c) if a controlling trustee is appointed to, or over, any of the property or undertaking of the party;
(d) if the party's property or undertaking becomes subject to a personal insolvency arrangement under part X Bankruptcy Act or a debt agreement under part IX Bankruptcy Act;
(e) the party is unable to pay its debts when they become due and payable;
(f) if the party ceases to carry on business; or
(g) if any event happens in Australia or any other country or territory in respect of a party that is similar to any of the events or circumstances referred to in this definition.

Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.

Landlord means the owner of the Rental Property.

Lease means the residential lease entered into by you.

National Credit Act means the National Consumer Credit Protection Act 2009 (Cth).

National Credit Code means the National Credit Code at Schedule 1 to the National Credit Act.

Payment Authorisation means your authorisation to process a payment or deduct funds from your nominated account, e.g., to deduct the Subscription Fee and other payments.

Personal Information has the meaning given to that term in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means our privacy policy as updated from time to time, and available at the Hutly Website.

Rental Property means the property rented by you which is the subject of the Lease.

Residential Tenancy Authority means a statutory authority established to administer the residential tenancy legislation in the applicable State or Territory of Australia.

Subscription Fee means the fees payable for Bondable, as set out on the Hutly Platform from time to time.

Term means the term of this agreement, as set out in clause 8.1.

Termination Fee means the amount which is payable on termination of this agreement, as set out on the Hutly Platform from time to time.

User means a user of Bondable, including you.

User Account means the User’s account showing the Bond Amount paid in connection with the Lease.

Interpretation
18.2 In these Terms of Use:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included; and
(b) these Terms of Use are not to be interpreted against the interests of a party merely because that party proposed these Terms of Use or some provision in them or because that party relies on a provision of these Terms of Use to protect itself.

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