Our Terms - Cubbi

Terms & Conditions

Privacy Policy

Respecting Information Privacy

  1. We recognise the importance of protecting the privacy of information we collect that is capable of identifying an individual (“personal information”). In collecting and handling personal information, we are bound by the Commonwealth Privacy Act 1988, including the National Privacy Principles, and any other applicable privacy laws in Australia. This Privacy Policy governs the manner in which personal information will be dealt with. There may be circumstances in which we need to transfer personal information outside Australia. If we do so, we strive to ensure that any organisation to which the information is transferred will be subject to binding privacy obligations.

Information we Collect

  1. The information we collect depends on the level of your use.
  1. In order to provide you with services, answer your enquiries, deal with your requests or improve the services we offer you, we may collect and process personal information including (without limitation) information through the activities you engage with us, such as:
    1. Your email address, name and password when signing up for an account to enable you to use our service.
    2. Personal information such as your name, telephone numbers, email address, physical & postal address and profile photos when creating and updating your personal profile.
    3. Name, ABN, ACN, delivery address, contact details and profile photos of your organisation when creating and updating your organisation profile
    4. Address and supporting image of the property you are selling or renting
    5. All property attributes, information when advertising your property; including such as number of bedrooms, bathrooms and car spaces, property features, property type, rental price, selling price, land size, house size, estimated value, bond amount, photos of your property, inspection and contact details
    6. Photo ID and proof of ownership when advertising your property. This is to ensure only genuine listings are being advertised including fraud detection and prevention.
    7. Uploading documents and photos via our file library
    8. We may collect the details of each transaction if you make an order for a service offered throughout the website
    9. Feedback and enquiries sent through our contact form
    10. Email address and your name in some instances when subscribing to email newsletters
    11. Surveys for research purposes
    12. Tenant information. We collect your tenants personal information such as email, name, phone number.
    13. Tenancy details. We collect information about the tenancy, such as lease start date, rent amount and period. We also collect individual rent payment details, expenses and other income received from the tenant.
    14. Billing information. We collect billing address and credit card information if you make a one of purchase or purchase a subscription to our Property Subscription plans. Credit card information is securely passed to our payment processing partner and is not stored by Cubbi.
  1. Some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
  1. Other information we may receive about you, to manage our content, help with internal research and provide you with a better service is:
    1. Log data such as your IP address, browser type, location, operating system, referring web page and pages visited. We receive Log Data when you interact with our service, visit our website or interact with various activities throughout the website.
    2. Cookies: Like many websites, we use “cookie” technology to collect additional website usage data to improve our Services. A cookie is a small data file that is transferred to your computer’s hard disk. There are two types of cookies ‘session cookies’ which make it easier for you to navigate our site, which expire when you close the browser and ‘persistent cookies’ which remains on your hard drive for an extended period of time. We only use ‘session cookies’, we do not use ‘persistent cookies’.

Use of the Information

  1. We collect information from you for the purpose of creating an account for you, so you can use our service.
  2. Publish your property advertisement on our websites www.cubbi.com.au and third party property portals. Please contact us for a full list of our third party property portals that we publish your property advertisement on.
  3. To help create and maintain a trusted and safer environment on Cubbi, such as fraud detection and prevention, verifying the address of your listings, proof of ownership and verifying any identifications provided by you.
  4. To track and calculate the rent paid. This information is used to send reminder messages to the tenant, create receipts and generate reports.
  5. To establish and maintain your relationship as a customer of Cubbi.
  6. To administer and manage our services.
  7. Communicate with you via email, phone, mail or live chat to answer your enquiry.
  8. Send automatic email information regarding our services, product information, updates, industry news and tips.
  9. We may provide you with information about offers, promotions, goods or services which we believe may be of interest to you, either directly or via third party direct marketing.
  10. Provide to third parties only in relation to the assisting of management of your property.
  11. Provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  12. Understanding and improving our products. To make the product better we have to understand how users are using it. We use this information to explore ways to improve our products, including research.

If you at any time receive any communication from Cubbi which you would not like to receive, please contact us and we will remove your name from our mailing list, or you may use the unsubscribe link located at the bottom of each email communication you receive from us.

Disclosure of the Information

  1. We may disclose personal information, and you consent to us disclosing your personal information to other members of Cubbi in which case, your personal information will be collected, used, disclosed, managed and stored in accordance with this policy.
  1. We may also disclose personal information, and you consent to us disclosing your personal information, to third parties but not limited to:
    1. engaging with us to perform functions or provide products and services on your behalf, such as newsagents, processing credit card information, postal services, courier services, debt collection, marketing, research and advertising;
    2. our agents, business partners or joint venture entities or partners;
    3. our sponsors or to promote any competition that we conduct or promote via our services;
    4. as part of any investigation into you or your activity, for example, if we have reason to suspect that you have committed a breach of any of our terms, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the Police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator;
    5. as part of a sale (or proposed sale) of all or part of our business; and/or
    6. as required or permitted by any law (including the Privacy Act).

Data Quality

  1. We give you the user of our service the right to access the information we hold about you and correct it, if it’s wrong. If your personally identifiable information changes, or if you no longer desire our service, you may correct or update this data by making the change within your account or by contacting us.

Security & Storage

  1. The security of your personal information is important to us. When you enter sensitive information such as signing up to use our service or using any services we offer such as creating your property advertisement or paying for a service we encrypt that information using secure socket layer technology (SSL).
  2. When purchasing a subscription to one of our Property Subscription plans your billing information such as billing address and credit card information is not stored at Cubbi. It is securely passed and stored with our payment processing partner.
  3. We strive to ensure the security, integrity and privacy of personal information submitted to the web site, and we review and update our security measures in light of current technologies and follow generally accepted industry standards. However no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can contact us.
  4. Information submitted by you, other users and visitors to our website or photo ID and proof of ownership records may be held on servers located in Australia or in the data centres of our outsourced data processors in Australia, the United States of America, Europe and Asia.
  5. ‘Our Team’ directors, employees, independent contractors and representatives who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

Links to Other Sites

  1. We provide links to other websites that are outside of our control, as well as to third party websites. These websites are not under our control, and we cannot accept responsibility for the conduct of companies linked to the website. If you decide to use these website then before disclosing your personal information on any other website, we advise you to examine their terms of using that website and its privacy policy.

Changes to this Privacy Policy

  1. We reserve the right to change all or part of this privacy policy by publishing the changes on our websites and/or send you an email to the email address listed under your account. Your subsequent use of Cubbi will constitute your acceptance of any changes. If you object to this privacy policy, or if you object to any changes to the privacy policy, you may terminate your use of any Cubbi services.

Terms of Use

Thank you for using the Cubbi services

Please read these Terms carefully. By using our services or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Definitions

A few definitions to help you understand this agreement

  1. “Cubbi”, ”Us”, “We” or “Our” means ‘Cubbi Pty Ltd’ ACN 149 477 823
  1. Cubbi (the “Service”) is an online platform to rent or sell your home offered through the URL: http://www.cubbi.com.au/ . We will refer to it as “Cubbi”.
  1. “our Team” means directors, employees, independent contractors and representatives
  1. “User” or “You”  means a customer of the Service or a representative of an entity that’s a customer of the Service
  1. “Material” means text, illustrations, photos, audio, video, any combination of these or other material.
  1. “Terms” means these Terms of Use including our Privacy Policy and Acceptable Use Policy define the terms and conditions under which you’re allowed to use the services offered by Cubbi and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.

Account

1. Eligibility
In order to become a user of Cubbi to rent or sell a property or use any of our services such as advertise a property for sale or rent and/or the Property Subscription Service you must:

  1. be the owner of the property who is legally entitled to do so
  2. be at least eighteen (18) years of age or otherwise possess legal parental or guardian consent
  3. be authorised to, under the consent of the eligible person or entity being the owner of the property
  4. sign up to use any of the Cubbi services
  5. provide true, complete, and up to date contact information and
  6. agree to these Terms

By using our services you must agree and meet the eligibility requirements listed above and not violate any laws or regulations. Cubbi may change eligibility requirements at any time.

2. Term
There is no minimum term to use Cubbi, when you sign up to use our service, that is when the term begins. The term continues for as long as you use the service (Terminate your account). By clicking the ‘Create Account’ button after entering your user details when signing up, means you have officially ‘signed’ and agree to these terms. If you sign up for Cubbi on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
When you (your property) is on a paid subscription you can cancel your paid subscription anytime by contacting us and without any further payment. When you cancel your subscription for a particular property, that property will go on the Free Forever plan. So while you still agree to these terms you don’t have to pay any subscription fees.

3. Terminate Your Account
You or Cubbi may choose to terminate your account. Cubbi may terminate or suspend your account at any time, with or without written notice, to use or access any part of Cubbi. If we terminate your account without you violating these terms we will provide you with a refund or reimbursement based on the number of days left on your Property Advertisement or Paid Subscription Plan. We will not provide a refund or reimburse if you violated any of these terms. Cubbi may terminate your account if you do not log in for 12 months, which is deemed ‘inactive’. Cubbi may delete all your data from your account if Terminated.

4. Changes to Terms
We reserve the right to change all or part of these terms, which is made up of the Terms of Use, Acceptance Use Policy and Privacy Statement by publishing the changes on our website and/or sending you an email to the email address listed under your account. Your subsequent use of Cubbi will constitute your acceptance of any changes. If you object to any current terms, or if you object to any changes to these terms, you may terminate your use to Cubbi.

5. Password & User Details
You are solely responsible for ensuring the security and confidentiality of your
user details, including any username and password assigned to you. You must notify us immediately if you know of unauthorised use of your account. We’re not responsible for any losses due to stolen or hacked passwords. For security reasons we don’t have access to your password, if you forget your password we may only reset your password.

Product & Service Payments

1. Subscription (Creating an account)
When you sign up for an account you are deemed to have a subscription to Cubbi. Subscription to use Cubbi is free but may change at any time, this fee charged will be posted on the pricing page of our website which will include ‘Goods and Services Tax’ (GST). Please note, this subscription to use Cubbi should not be confused with a subscription to use the Property Subscription Service within your Cubbi account.

2. Property Advertisment
You may purchase our service to post your property advertisement to third party property portals until leased or sold, at the price posted on the pricing page of our website which may change from time to time which includes ‘Goods and Services Tax’ (GST). You agree to give Cubbi the authority to advertise your property for rent or sale on your behalf to the nominated third party property portals.

Until leased or sold means you can effectively have your property advertisement posted on the third party property portals for as long as it takes to find tenants or a buyer provided you submit a request to ‘extend’ the advertisement within 30 days if your property is for rent, or 60 days if your property is for sale from the date of purchase. If you do not ‘extend’ the advertisement before the number of days listed above is reached from the date of purchase your property advertisement will be removed from all third party property portals, in this case you will need to purchase and pay the full amount in order to re-advertise your property to be posted to third party property portals.

All property advertisements published using our service will include the address of the property and displayed on our site “Cubbi” and third party property portals.

Publishing Property Advertisements

  • All property advertisements submitted to be published to our site or any third party property portal will be approved by our team before being published. If the property advertisement does not abide by these terms we will disapprove the property advertisement and your advertisement will not be published. You will be notified to make necessary changes before the property advertisement is published. If you fail to make the necessary changes your account may be suspended or terminated.
  • Every effort is made to publish property advertisement to third party property portals within two business hours, however property advertisement may be published beyond the 2 business hour period depending on the time taken to process your advertisement when submitted to third party property portals, system outages, technical issues, security involved, or for the interest of customer service. Property advertisements may be displayed on the third party property portals earlier depending on the processing times.

All property advertisements may be published to our company facebook, twitter and pinterest accounts. If you wish for this to be removed, please contact us.

3. For Lease Sign and For Sale Sign
You may purchase a ‘For Lease Sign’ or ‘For Sale Sign’ to be delivered to you anywhere in Australia, the price posted on the pricing page of our website which may change from time to time and includes ‘Goods and Services Tax’ (GST) and freight to anywhere in Australia. ‘For Lease Signs’ and ‘For Sale Signs’ are made from corflute measuring 900mm by 600mm in size. There is no limit to the number of ‘For Lease Signs’ or ‘For Sale Signs’ in which you can purchase for any one particular property.

Shipping & Delivery

  • While all effort is made to dispatch signs for delivery within 24 hours, there may be a need to process an order beyond the 24 hour period depending on the nature of the product ordered, security involved, or in the interests of customer service.
  • Delivery to metro areas will take approximately 5 business days from date of order, please note that some regional deliveries may take longer depending on the exact location and circumstances beyond our control. Deliveries may occur earlier than quoted depending on production and delivery schedules
  • We do not take responsibility for loss or damage of these signs due to circumstances beyond our control including but not limited to:
    • Natural disasters such as floods, earthquakes, volcanic eruptions and tsunamis.
    • Your typing errors when entering data.
  • Our print and dispatch partners may use a combination of couriers as well as local couriers depending on circumstances such as the shipping location. Requests by customers for certain shipping methods to be used for their orders is at the sole discretion of Cubbi and all requests will be considered on a case by case basis.

4. Property Subscription Service

You may purchase a subscription to one of our Property Subscription Plans to track rent and other payments, send receipts, send rent reminders to the tenant, produce various reports for your tenant or accountant and other tools to help you rent your property.

Pricing

  • The prices are posted on the pricing page of our website which may change from time to time which includes ‘Goods and Services Tax’ (GST).
  • The standard pricing is per month, per property. You can also subscribe to any of our paid plans on an annual basis. The services and features you receive depend on the plan you subscribe to for each property. You will find a list of features on our pricing page which may change from time to time.
  • Any property you add in your Cubbi account will automatically be subscribed to a free plan which will include limited functionality.

Subscription Billing

  • Each property has there own billing date. Each billing date will be the same day each month or year depending on the subscription period you sign up for. Your first payment will be billed on the day you start the subscription.
  • Payment is processed automatically each month (or year) for each property. If the amount cannot be debited from the account on the due date, access to the the paid Property Subscription Plan for that property may be restricted until payment has been received by Cubbi.
  • The subscription payment is paid in advance. For example when you first subscribe to a paid subscription plan you will be charged for the month ahead (or year depending on the subscription period you sign up for). On the same date next month (or year) you’ll pay the subscription amount again.
  • There is no contract period. You can cancel your subscription for a property immediately at any time by contacting us. No further charges apply. We do not reimburse cash for any unused paid days.
  • You can upgrade your subscription for a property anytime by contacting us. When you upgrade to a high priced plan you will be charged a pro rata amount based on the number of days remaining until your next billing date, to be paid immediately. On the next billing date, you will be billed for the new fee associated with the plan you upgraded to for that property.
  • You can downgrade your subscription for a property at anytime by contacting us. Downgrading your subscription will restrict the services and features that you have access to for that particular property. For example you might be on the Time Saver plan for Property A, if you downgraded to the Free Forever plan you will immediately lose the services and features included in the Time Saver plan for Property A. No charges will apply for this downgrade. We do not reimburse cash for any unused paid days.

The service

  • It’s up to you to enter all payments into the payment tracking tool. You can enter the date, payment amount and what the payment was for including any expenses you have paid out for the property. If rent is selected as the payment type you have received, our system will calculate the rent paid with the previous payments. We have taken all precautions to ensure our rent calculation is as accurate as possible.
  • Rent recorded automatically into our payment tracking tool is done via an integration with a third party service “PocketBook”. We do not take any responsibility of the payments pulled from PocketBook as it is out of our control. Please take all precautions to ensure the correct rent payment is categorised in PocketBook correctly.
  • You can generate your own reports including a tenant ledger, owner ledger and an end of financial year statement for your accountant. These reports are produced into a PDF for your perusal or pass onto the necessary parties.
  • Rent reminders. Our rent reminders are emailed to your tenant if the payment tracking tool shows they have not paid the rent in full by the due date. We hold no responsibility for correct rent payments being entered into the payment tracking tool. Our rent reminders are sent out by email in the morning, when the tenant is:
    • 1 day late
    • 2 days late
    • 3 days late
    • 5 days late
    • 7 days late
    • 10 days late
    • 12 days late
    • 14 days late
    • 16 days late
  • We hold no responsibility for any technical problems caused with sending any emails.
  • Our rent reminder emails are just notification there to assist you in helping to get your tenants to pay rent. You are still 100% responsible for chasing your tenants to pay the rent and sending formal notices as required by the legislation in your state. You will also need to send the proper termination notices and attend tribunal.
  • All information provided to you in the payment tracking tool is to be used as a guide only. For example, if the website calculates or displays the wrong rent paid to date it is your responsibility to ensure this is correct. We do not hold any responsibility if you take incorrect action over what is displayed in any reports or on the screen.

5. Making Payments

In order to make payments to any services offered by Cubbi you may be asked to pay via ‘PayPal’ or directly on our site and have the payment processed by ‘Stripe’.

If you are required to pay via ‘PayPal’ you will be redirected to ‘Paypal’ via a secure link to enter your method of payment, once entered you will be redirected back to our website. Cubbi does not store any payment details that you enter when on the Paypal platform. You hold responsibility to agree to any terms and conditions of Paypal when making a payment.

If you are required to enter your credit card details on our website, payment is processed and stored through our payment partner ‘Stripe’. Cubbi does not store any payment details that you enter on our site. You hold responsibility to agree to any terms and conditions of ‘Stripe’ when making a payment.

6. Refunds

Property Advertisement to third party property portals

  • We will give you a refund on your property advertisement if we stop providing our services to you for a reason that is not in these terms. We also offer a satisfaction guarantee, within 30 days of the purchase date if you are not satisfied with any paid service we will provide you with a full refund of the purchase amount.

For Lease and Sale signs

  • We will provide you with a refund or reimburse you with a new sign if your ‘For Lease Sign’ or ‘For Sale Sign’ is not fit for the purpose or of merchantable quality upon delivery within 30 days of receipt of shipment. This means if the sign is marked, torn or damaged in some way that is not acceptable we will provide you with a refund or reimburse you with a new sign. We will not refund for any damages caused by you deliberately or accidentally.

Property Subscription Service

  • There is no contract period. You can cancel your subscription immediately at any time by contacting us. All amounts paid are non-refundable.

Rights

1. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Websites and the software used to provide any of the Cubbi Services (proprietary rights include patents, trademarks, service marks, and copyrights). You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

2. Your Content in Our Service
When using our service you are able to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. We may use or disclose your materials only as described in these terms.

Rules

If you violate any of these rules then we may suspend or terminate your account.

1. Storage & Bandwidth Abuse
You may only use our data storage and bandwidth for the purpose of renting, selling and/or management of your property. We provide a file library function to host documents or images only relating to your properties. You may not host documents or images relating to anything other than your property (for example your personal photos or documents).

2. Compliance with Residential Tenancy Act
When using Cubbi to rent your residential rental property we expect you to abide by the Residential Tenancy Act or Regulations applicable to the State or Territory where your rental property is located. If we have reason to suspect that you are not abiding by these laws we may suspend or terminate your account.

3. Compliance with Selling of Residential Property in your state
When using Cubbi to sell your property we expect you to abide by the the laws governing the sale of residential property in the state your property is located. If we have reason to suspect that you are not abiding by these laws we may suspend or terminate your account.

4. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you suspect any user of Cubbi that may not be abiding by the Residential Tenancy Act or Regulations applicable to the State or Territory where the property is located, we want to hear about it. Please report it to our team. If you think anyone has posted material that violates any copyrights, then you may notify us.

Liability

1. Liability for our Services

Information on our service or provided in publications from Cubbi or provided by our Team should not be regarded as a substitute for professional legal, financial, commercial or professional advice of any kind. You should seek independent legal advice.

No warranty is made as to the accuracy of information provided by Cubbi or our Team. Whilst we make every reasonable endeavour to achieve accuracy and
reliability in the information provided on the website and in associated publications including resource documents.

Cubbi is not an accountant and use of the payment tracking tool does not constitute the receipt of accounting advice or accurate calculation of rent. If You have any accounting questions, please contact an accountant.
We do not take any liability.

You remain solely responsible for complying with all applicable property and residential tenancy laws. This includes following correct procedure when your tenant is behind is rent and not relying on our rent reminders, they are just simple notifications. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

Cubbi and our Team disclaim all liability and responsibility for any direct or indirect loss or damage including but not limited to loss of profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of or damage to reputation, loss connected with defamation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefit suffered or incurred by or awarded against you under or in any way connected with this agreement or the website or any consequential loss which may be suffered by you through relying on anything contained in or omitted from Cubbi, our Team or associated publications.

2. Choices of Law

Any dispute related to these Terms of Use, Acceptable Use Policy, Privacy Policy, or the service itself shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under the Conditions.

Agreement

These Terms, our Privacy Policy, Acceptable Use Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

Acceptable Use Policy

The actions users take can have an impact on our service and other users of the service. Users must follow this Acceptable Use Policy, if you violate it we may suspend or terminate your account.

Acceptable Use

1. Advertise your Residential Rental Property In Australia
You may use our service to advertise a residential rental property located in Australia on / via the Cubbi service, if you are the person or entity entitled to offer the property for rent or you are advertising the rental property on behalf of the entitled person or entity and in accordance with this Acceptable Use Policy.

2. Advertise your Residential Property For Sale In Australia
You may use our service to advertise a residential sale property located in Australia on / via the Cubbi service, if you are the person or entity entitled to offer the property for sale or you are advertising the sale property on behalf of the entitled person or entity and in accordance with this Acceptable Use Policy.

3. Manage your Rental Property
You may use our service to help manage your rental property with the available features of service using Cubbi if you are the person or entity entitled to manage the property or you are managing the rental property on behalf of the entitled person or entity and in accordance with this Acceptable Use Policy.

4. Payment Tracking Tool
You may use the service to track all payments for a property located in Australia and use the reports to send to your tenants and accountant at tax time, if you are the person or entity entitled to track the payments for that particular property.

Unacceptable Use

It is not acceptable use of the Service to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Service:

1. Advertising anything other than a Property for Rent or Sale
Advertising anything that is not a residential property for rent (lease) or sale, For example: commercial property for sale or rent, holiday rentals, cars, car spaces, boats, caravans and motorcycles are not acceptable.
Holiday rental properties are prohibited from being advertised. We may deem a property advertisement to be considered as a holiday rental if the desired lease term is 3 months or less.

2. Advertising a Residential Property Not Located In Australia
Advertising a residential property located outside of Australia, for example America, Europe and Germany is not acceptable.

3. Generic Property Advertisement Listings
Property advertisements which are not in relation to a specific lot number or address (for example ‘various properties available’)

4. Incorrect Descriptions of a Property Advertisement
Placing irrelevant information in an information, description or picture field. You must only use the information, description or picture fields for inserting information that is intended for those fields. For example, inserting the name of the advertising contact person in the description header or property description field is not acceptable.

5. Incorrect or Misuse of Photos for Property Advertisements
Incorrect or misuse of photos for advertisements of a rental or sale property in the following ways is not acceptable:

  • Watermarks, inserting a logo that represents a business entity in a photo of a property advertisement is not acceptable.
  • Displaying a photo, drawing or other image that is not a photograph, drawing or image of the property being offered for rent.
  • Displaying a photo, drawing or other image within a border that we consider detracts from the quality of the image.
  • Displaying text within a photo, drawing or other image that we consider detracts from the quality of the image.
  • Displaying a collage or combination of photos or other images within one photo
  • Displaying a ‘lifestyle’ photograph, drawing or other image as the main image in a property advertisement. We will have discretion to determine what constitutes a ‘lifestyle’ image for this purpose. For guidance a lifestyle image is commonly an image of a local environmental, which is not an image of the exterior or interior of the property itself.

6. Giving a False Address of the Property
Misleading someone by giving a false street, suburb or location names that is not accurate or the actual address of the property being advertised.

7. Advertising Multiple Properties at the Same Street Address
Advertising multiple properties at the same street address, using the same titles, images or descriptions.

8. Refreshing Property Advertisements
Removing and then re-advertising the same property in order for the advertisement to appear as a new property for rent or sale.

9. Failure to Remove Rented or Sold Properties
Failing to ‘withdraw’ or set the published property advertisement to ‘leased’ or ‘sold’ within 72 hours of entering a leased contract or an unconditional sale contract.

10. Misleading or deceptive conduct
Using the Service in a way that does or is likely to mislead and deceive the public viewers of the content you provide to our service.

11. Use any other Inappropriate Material
Use the Service for any unlawful, illegal, malicious or improper purpose. For example: it is not acceptable to, in your use of the Service, display material that:

  • May defame or discredit another person or business;
  • May disclose private, personal or confidential information;
  • Might be considered obscene, offensive, menacing or abusive;
  • Might infringe the intellectual property rights of others;
  • May violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

12. Reverse Engineer any of the Cubbi Services

  • Decipher, decompile, disassemble, or reverse engineer any of the software on our Websites, or in any way used or downloaded from the Websites.
  • Use any of the software on our Websites, or downloaded from the Websites, to create a competing product.

13. Upload, Post, Transmit Unacceptable Material
Use Cubbi services to upload, post, transmit or otherwise make available any material that may:

  • Interfere with, disrupt, or create an undue burden on Cubbi;
  • In any way violate or infringe or could reasonably be expected to violate or infringe the intellectual property or other rights of another person or entity;
  • Contain, promote, or provide information about unlawful activities or conduct;
  • Be, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability, financial situation or geographic location;
  • Exploit another person in any manner;
  • Contain nudity, violence, or sexual acts or references;
  • Include an image or personal information of another person or persons without their express consent;
  • Pose or create a privacy or security risk to any person;
  • Be used by you if you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or fraudulent ;
  • Contain large amounts of untargeted, unwanted or repetitive content;
  • Contain restricted or password only access pages, or hidden content;
  • Contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • Advertise, promote or solicit any goods or services or commercial activities except where expressly permitted or authorised by us.

Breaching this Policy

If you use any of the Cubbi services in a way that breaches this Acceptable Use Policy, you are in breach of your agreement for your use of the Service.

Breaching this Acceptable Use Policy may result in us taking action to remedy the breach. This may include rejecting or deleting a specific property advertisement, suspending or terminating your subscription to use any of the Cubbi services, or any other action that we are permitted to take under our agreement with you and according to law.

If we reject or delete a property advertisement due to a breach by you of this Acceptable Use Policy, you will remain liable for any fees and charges which were made to Advertise the Property for rent.

Thank you for using Cubbi.

last modified on 20/09/2015