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A moment in the nitty gritty, if you will…View old terms.
Last Updated: 19 March 2021
View old terms.
These Terms of Service contain important information about your legal rights and obligations. By accessing or using the Cubbi Platform, you agree to comply with and be bound by these Terms of Service. These Terms of Service include 3 major sections:
These contain the core legal terms that apply to your use of the Cubbi Platform.
These include any additional terms that apply to your use of each of the product offerings and services within the Cubbi Platform and third party services.
This policy describes how we collect, receive, use, store, share, transfer, and process your Personal Data in connection with your use of the Cubbi Platform.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Cubbi (as defined below) governing your access to and use of the Cubbi website, including any subdomains thereof, and any other websites through which Cubbi makes the Cubbi Services available (collectively, "Site"). The Site and Cubbi Services together are hereinafter collectively referred to as the "Cubbi Platform".
When these Terms mention "Cubbi," "we," "us," or "our," it refers to the Cubbi company you are entering an agreement with: Cubbi Pty Ltd. ACN 149 477 82.
In addition here are some other words we’ll use:
"Member", "user", "registered user" or "you" means anyone who has an account with Cubbi and therefore enters into this agreement.
"Owner(s)" or "Landlord(s)" are Members of Cubbi who offer Rental Property Services to Tenants. An Owner user is someone who legally owns the Property or has the authority to act on the Owners behalf.
"Rental Property Services" or "Owner Services" is provided by an Owner that refers to managing the Property, all rent being paid through Cubb including offering the Property for rent.
"3rd Party Manager" refers to a landlord or agent (real estate agent/property manager) or any type of rental provider who receives rent through Cubbi (eg HomePay) as a non registered user. This happens when their tenant freely chooses to pay their rent using Cubbi to an external Owner or Agent to whom they receive Rental Property Services from outside of the Cubbi Platform.
"Tenancy" or "Tenancies" refers to one set of Tenants an Owner is providing "Rental Property Services" to within Cubbi.
"Tenancy Terms" or "Lease Terms" refers to the agreed terms of a the lease, the residential Tenancy agreement, between the Owner and Tenant as part of a Tenancy.
"Active Tenancy" is a status of a Tenancy in Cubbi. Active means an Owner and Tenant have agreed Lease Terms and all rent payments are being transacted or processed on Cubbi.
"End a Tenancy" or "End Tenancy" is status of a Tenancy in Cubbi. End means the Tenants have moved out or rent payments are no longer being transacted or processed on Cubbi.
"Advertising" or "Listing" refers to posting a Tenancy for rent on Cubbi or any 3rd party website through Cubbi.
"Tenant(s)" are Members of Cubbi who use the Rental Property Services provided by Owner(s) or a Member of Cubbi who use the Cubbi Platform to perform activities as a tenant who may or may not have a Landlord as a registered user (eg HomePay does not require a Landlord to be a registered user).
"Rent a Property" or "Renting a Property" refers to the use by a Tenant of the Rental Property Services provided by an Owner.
"Property" or "Rental Property" refers to the Property the Owner uses to supply Rental Property Services to Tenants.
"Our Team" means directors, employees, independent contractors and representatives of Cubbi.
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Rented on Cubbi" or "Rent your Property" means all rent payments are being transacted or processed on Cubbi.
"Member Content" refers to text, illustrations, photos, audio, video, any combination of these or other material provided by the Member to another Member or the Public.
"Terms" means these Terms of Service including our Privacy Policy, Payments 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.
"Payment Services" is the use of Cubbi to transact payments with other Members.
"Product Specific Terms" means the additional product-related terms that apply to your use of Cubbi and Third-Party Services.
"Digital Wallet" or "Home Account" refers to the location of where funds are held prior to being paid to an Owner or 3rd Party Manager. For example, a Tenant may pay money into their Home Account, then on the day rent is due, money may be paid out to the Owner or 3rd Party Manager as a rent payment.
View Product Specific Terms below
View Privacy Policy below
We constantly improve how we provide our services; refer to help centre or contact us.
1.1 The Cubbi Platform is a rental platform that provides services to registered users ("Members"). As a user, you may use one or many products. These Product and their features therein may have additional terms specific to your use of that product. Please see Product Specific Terms below these Master Terms.
1.2 Due to the nature of the Internet, Cubbi cannot guarantee the continuous and uninterrupted availability and accessibility of the Cubbi Platform. Cubbi may restrict the availability of the Cubbi Platform or certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Cubbi Platform. Cubbi may improve, enhance and modify the Cubbi Platform and introduce new Cubbi Services from time to time.
1.3 Cubbi has contracted with Zai Australia Pty Ltd, (together with their affiliates, subsidiaries and divisions, collectively referred to as "Zai") to facilitate the payment process for all payment transactions between Members (including rent payments) and payment transactions between you and Cubbi. You agree to the terms of Zai End User Agreement when making or receiving a payment.
1.4 In some circumstances if you make a one-off payment to Cubbi outside the online platform you may be required to enter your credit card details and the payment may be processed and stored through our payment partner "Stripe’. Cubbi does not store any payment details that you enter on our site. You hold a responsibility to agree to any terms and conditions of "Stripe’ when making a payment.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Cubbi Platform or register a Cubbi Account. By accessing or using the Cubbi Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 The Property must be residential, be located in Australia and you must comply with the Residential Tenancy Act applicable to your state or territory. If there is a conflict between these Terms and the Residential Tenancy Act, the Residential Tenancy Act will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.3 Cubbi may make access to and use of the Cubbi Platform, or certain areas or features of the Cubbi Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria. At anytime Cubbi may request an Owner to provide evidence of ownership or authority to manage the Property as part of our user verification.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers.
2.5 The access to or use of certain areas and features of the Cubbi Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Cubbi Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 An Owner has the right and authority to check the references, validate the information supplied on the application and check the Tenant on any Tenancy Database. It is the Owner's responsibility to ensure the Tenant is able to afford the ongoing rent payments and look after the Property however an Owner must not discriminate against any potential Tenants.
2.7 Owners and Tenants must not provide their notice to terminate a Tenancy agreement to Cubbi. Notices to End a Tenancy agreement must be done directly between the Owner and Tenant (Cubbi is not on the lease agreement). See Term 9 in Product Specific Terms.
Cubbi reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Cubbi Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of the modifications by email or on screen while using the Cubbi Platform at least thirty (30) days before the date they become effective. At anytime if you disagree with the these Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Cubbi Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Cubbi Account") to access and use certain features and products of the Cubbi Platform, such as publishing or applying for a Property. If you are registering a Cubbi Account on behalf of someone else or entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Cubbi Account using an email address. You may also be required to provide your name and other relevant user details.
4.3 You must provide accurate, current and complete information during the registration process and keep your Cubbi Profile information up-to-date at all times.
4.4 You may not register more than one (1) Cubbi Account unless Cubbi authorises you to do so. You may not assign or otherwise transfer your Cubbi Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Cubbi Account. You must immediately notify Cubbi if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Cubbi Account. You are liable for any and all activities conducted through your Cubbi Account.
5.1 Cubbi may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Cubbi Platform ("Member Content"); and (ii) access and view Member Content and any content that Cubbi itself makes available on or through the Cubbi Platform, including proprietary Cubbi content and any content licensed or authorised for use by or through Cubbi from a third party ("Cubbi Content" and together with Member Content, "Collective Content").
5.2 The Cubbi Platform, Cubbi Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia. You acknowledge and agree that the Cubbi Platform and Cubbi Content, including all associated intellectual Property rights, are the exclusive Property of Cubbi and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Cubbi Platform, Cubbi Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Cubbi used on or in connection with the Cubbi Platform and Cubbi Content are trademarks or registered trademarks of Cubbi in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Cubbi Platform, Cubbi Content, and/or Collective Content are used for identification purposes only and may be the Property of their respective Owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Cubbi Platform or Collective Content, except to the extent you are the legal Owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual Property rights owned or controlled by Cubbi or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Cubbi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Cubbi Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Cubbi Platform, you grant to Cubbi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Cubbi Platform, in any media or platform. Unless you provide specific consent, Cubbi does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Cubbi Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive Owner of all Member Content that you make available on or through the Cubbi Platform or you have all rights, licenses, consents and releases that are necessary to grant to Cubbi the rights in and to such Member Content, for example when advertising a Property for rent you cannot use photos you don’t have the right to use such as photos owned by the previous Owner or agent renting or selling the Property - such photos maybe taken down without notice, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cubbi's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any policy of Cubbi. Cubbi may, without prior notice, remove or disable access to any Member Content that Cubbi finds to be in violation of these Terms or Cubbi’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Cubbi, its Members, third parties, or Property.
5.8 Cubbi respects copyright law and expects its Members to do the same. If you believe that any content on the Cubbi Platform infringes copyrights you own, please notify us.
6.1 Cubbi may charge fees to Owners ("Owner Fees") and/or Tenants ("Tenant Fees") (collectively, "Service Fees") in consideration for the use of the Cubbi Platform. More information about optional fees (for example Advertising Fee), when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Cubbi reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Cubbi. The applicable Service Fees are due and payable and collected as per these Terms of service. Except as otherwise provided on the Cubbi Platform, Fees are non-refundable.
7.1 By default, all rent amounts are based on a weekly rent amount calculated to the nearest cent. More info.
8.1 Cubbi encourages you to try and resolve disputes with other Members directly. You acknowledge and agree that Cubbi may, in its absolute discretion, provide assistance for resolution be it directly or through a third party service.
8.2 If a dispute arises with another Member, you must co-operate with the other Member and make a genuine attempt to resolve the dispute.
8.3 Cubbi may elect to assist Members to resolve disputes. Cubbi may provide a recommended outcome, an opinion, suggestion or guidance without prejudice. Any Member may refer a dispute to Cubbi. You must co-operate with any investigation undertaken by Cubbi.
8.4 If Cubbi provides information about other Members to you for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Cubbi against any claims relating to any other use of information not permitted by this Agreement.
8.5 If You have a complaint about Cubbi please contact us here.
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Cubbi Platform. In connection with your use of the Cubbi Platform, you will not and will not assist or enable others to:
9.2 You acknowledge that Cubbi has no obligation to monitor the access to or use of the Cubbi Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to (i) operate, secure and improve the Cubbi Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Cubbi in good faith, and to provide Cubbi with such information and take such actions as may be reasonably requested by Cubbi with respect to any investigation undertaken by Cubbi or a representative of Cubbi regarding the use or abuse of the Cubbi Platform.
9.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Cubbi by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
10.1 The term of this agreement continues until terminated. You may terminate your Cubbi account and these Terms of Service at any time for any reason and without any fees. Contact us here. This will end all active tenancies and delete all your information in Cubbi forever. See Term 9 - Ending a Tenancy in Product Specific Terms.
10.2 Cubbi may terminate your account and this agreement at any time if we believe or suspect you have breached these Terms of Service. We do not have to provide evidence.
10.2.1 Cubbi may terminate your account and these Terms of Service without reason giving 60 days notice.
10.2 Termination of these Terms of Service does not affect any Tenancy agreement that has been formed between Cubbi Members. If You have entered into a lease agreement you must comply with the terms of that Tenancy until it is ended according to the Residential Tenancy Act.
10.3 Section 1.6 (Third Party Services) may survive any termination of expiration of these Terms of Service. For example Landlord Insurance or Building Insurance that is in your name will continue as per your agreement with the Third Party Service. Any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
10.4 Should your Account or these Terms of Service be terminated for any reason then you may not without Cubbi's consent (in its absolute discretion) create any further accounts with Cubbi and we may terminate any other accounts you operate.
If you choose to use the Cubbi Platform or Collective Content, you do so voluntarily and at your sole risk. The Cubbi Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.You agree that you have had whatever opportunity you deem necessary to investigate the Cubbi Services, laws, rules, or regulations that may be applicable to your Tenancy and/or Owner Services you are receiving and that you are not relying upon any statement of law or fact made by Cubbi relating to a Listing or Tenancy.If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.You agree that some Tenancies, Rental Property Services, Listings and Payments may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Rental Property Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Rental Property Services. You assume full responsibility for the choices you make before, during and after your participation in a Rental Property Services or the transacting Payments. If you are bringing a minor, elderly or disabled person as an additional Tenant, you are solely responsible for the supervision of that person throughout the duration of your Tenancy and to the maximum extent permitted by law, you agree to release and hold harmless Cubbi from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor, elderly or disabled person during the Tenancy or in any way related to your Tenancy.The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Cubbi Platform and Collective Content, your publishing or Leasing of any Listing via the Cubbi Platform, your stay at any Property or use of any other Rental Property Service, participation in Payments, or any other interaction you have with other Members whether in person or online remains with you. Neither Cubbi nor any other party involved in creating, producing, or delivering the Cubbi Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Cubbi Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Cubbi Platform, or (iv) from your publishing or renting of a Property, including the provision or use of the Rental Property Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cubbi has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Owners pursuant to these Terms or an approved payment request under any Cubbi Owner Guarantee, in no event will Cubbi’s aggregate liability arising out of or in connection with these Terms and your use of the Cubbi Platform including, but not limited to, from your publishing or application of any Listings via the Cubbi Platform, or from the use of or inability to use the Cubbi Platform or Collective Content and in connection with any Rental Property Services, any Payments, or interactions with any other Members, exceed the amounts you have paid or owe for renting via the Cubbi Platform as a Tenant in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Owner, the amounts paid by Cubbi to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AUD dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cubbi and you. Some laws do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect Cubbi’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend (at Cubbi’s option), indemnify, and hold Cubbi and its affiliates and subsidiaries, including but not limited to, Cubbi Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages and losses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms (ii) your improper use of the Cubbi Platform or any Cubbi Services, (iii) your interaction with any Member, stay at an Property, participation in any Listing or other Rental Property Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.
Feedback makes renting better for everyone. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Cubbi Platform. You may submit Feedback by emailing us, through the "Contact" section of the Cubbi Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Cubbi and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Cubbi and you in relation to the access to and use of the Cubbi Platform.
15.2 No joint venture, partnership, employment, or agency relationship exists between you and Cubbi as a result of this Agreement or your use of the Cubbi Platform.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 Cubbi’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Cubbi's prior written consent. Cubbi may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Cubbi via email, Cubbi Platform notification, or messaging service (including SMS and Intercom). For notices, the date of receipt will be deemed the date on which Cubbi transmits the notice.
15.8 If you have any questions about these Terms please contact us.
Hybrid Managed Home
These Product Specific Terms (1-13) relate to the use and service of a Hybrid Managed Home. Consisting of General Terms which include the basic scope and terms relating to both Owners and Tenants. For more information about the scope of a Hybrid Managed Home click here. Following that are user-specific terms relating to Owners and Tenants of a Hybrid Managed Home.
1.1 A Hybrid Managed Home is a rental property managed by the Owner via the Cubbi Platform. The "Owners" provide "Rental Property Services" to "Tenants" via the Cubbi Platform. Rental Property Services include publishing Property for rent on the Cubbi Platform and other 3rd party websites like realestate.com.au ("Listings"), onboarding, collecting rent, reporting, signing leases and transact directly with Members that are seeking and using such Rental Property Services (Members using Rental Property Services are "Tenants").
1.2 Cubbi does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Rental Property Services. Owners are responsible for their Listings and Rental Property Services. When Members send Property enquiries, make or accept an application to Rent a Property, they are entering into a contract directly with each other. Cubbi is not and does not become a party to or other participant in any contractual relationship between Members (lease agreement), nor is Cubbi a real estate agent or insurer within the agreement between the Owner and Tenant.
1.3 While we may help facilitate the resolution of disputes, Cubbi has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Rental Property Services, (ii) the truth or accuracy of any Listing descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Cubbi does not endorse any Member, Listing or Rental Property Services. Any references to a Member being "verified" (or similar language) only indicates that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Cubbi about any Member, including the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to Rent a Property, Apply for a Property or offer Rental Property Services to a Tenant or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Cubbi Platform as an Owner or Co-Owner (as defined below) you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Cubbi.
1.5 To promote the Cubbi Platform and to increase the exposure of Listings to potential Tenants, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Cubbi cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Cubbi Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non infringement.
1.6 The Cubbi Platform may contain links to third-party websites or resources ("Third-Party Services") such as Landlord Insurance, Inspection Services, Smoke Alarm services and tradesperson services (eg Taskforce). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Cubbi is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Cubbi. Cubbi may assist in any claims or disputes where Cubbi has linked to the particular Third-Party Services provider.
1.7 Cubbi may provide guidance or suggestions to Members separately or together. For example, the communication may be to both Owner and Tenant or it may be with only the Owner or Tenant.
1.8 An Owner may advertise a Property on Cubbi and/or "Third Party Property Portals" until leased or withdrawn, at the Listing fee posted on the fees page which includes "Goods and Services Tax’ (GST). "Third Party Property Portals" are external websites that we may publish Listings on. Any Property advertised on the Third Party Property Portals will be listed for rent by Cubbi. Owner contact details are not displayed on the Third Party Property Portals. Refer to how enquiries are handled. Until leased or withdrawn means you can have your Property advertised on the Third Party Property Portals for as long as it takes to find Tenants or until the Property is withdrawn from the 3rd party Property portals. You can re-advertise the Property free of charge within 60 days of withdrawing or leasing the Property. More information on advertising a Property. There is no commitment for an Owner to continue using the Cubbi services after advertising the Property for rent.
1.9 An Owner may at anytime add existing Tenants onto the Cubbi platform to provide Rental Property Services. Cubbi may help Owners switch from an agent. Cubbi makes it easy for Owners to end the management agreement with the current real estate agent in order to start using Cubbi. Cubbi may provide an opinion on the required notice to terminate the agreement with the current agent but this is not be used as legal advice. More info on how we help Owners switch from an agent to Cubbi. Cubbi does not negotiate with any 3rd Parties to a Tenancy (see below).
3rd Parties to a Tenancy are separate entities, companies or individuals the Owner employees, contracts or inherents as part of owning a Property or providing Rental Property Services. For example a Strata Manager, Body Corporate or contracted real estate agent. Cubbi is not responsible in any way to negotiate, communicate, contact or take direction from any 3rd Parties to a Tenancy. For example if the Owner is required to notify the Strata Manager of changes in the management of the Property or Tenancy, this is an Owner responsibility. If a Strata Manager requests the Tenant be sent a breach notice, this is the Owners Responsibility to communicate with the Strata Manager however the breach notice can be created by Cubbi and sent by the Owner. Cubbi may assist and advise the Owner and Tenant where possible.
1.10 A For-Lease sign is available for delivery and installation at the Rental Property while, for the period, the Property is available for rent at the fee posted on the Service Fees page which includes "Goods and Services Tax’ (GST). You do not own the sign, it is rented for a maximum time period of 1 year. If the sign goes missing you may incur a $200 replacement fee. For special installations where it is unsafe, high or hard to reach you may incur a special installation fee. Australian Metro areas are covered. If the area is not covered you will have the option to get a flatpack sign delivered to your Property for an additional fee or choose to have your purchase price refunded in full. More information on lease sign.
1.11 A Tenant may apply for any Property available for rent on Cubbi by completing an application form. More info.
1.12 You may conduct a Tenant Check (on the National Tenancy Database) on yourself or on a Tenant who has applied for a Property on Cubbi. More info
1.13 Cubbi may provide guidance to Owners about how to screen Tenants and selecting the right Tenant however it is completely the Owner’s decision on who becomes the Tenant and therefore Cubbi takes no responsibility or ownership over the Tenant.
1.14 An Owner may generate a lease agreement in Cubbi for online signing by Owners and Tenants. The generated Lease Agreement template is legal, state specific and applicable to the Residential Tenancy Act. Cubbi uses eSignatures.io for online signing of all contracts and lease agreements. Cubbi is not responsible in anyway for invalid, incorrect, incomplete, illegal Tenancy Terms entered by the Owner or Tenant. Content and validated fields are provided on the website to guide the Owner and Tenant to agree on state specific legal terms and on terms that reflect win-win scenarios for both Owner and Tenant in accordance with Cubbi values of Common Ground. More info.
1.15 An Owner may complete the Condition Report including video evidence of the Property for online signing and completion by Tenant and Owner. How the condition report process works.
1.16 Cubbi may facilitate the bond lodgement to the local bond authority. More info. During a Tenancy Cubbi may guide and complete other relevant bond forms if there are changes in Tenants, Owners and claims on the bond.
1.17 A Tenant has options to pay rent. Cubbi may initiates rent payments on the day rent is due according to the Lease Terms in Cubbi or as otherwise selected by the Tenant. Additional rent payments may also be processed as per agreed payment plans. Cubbi does not operate a trust account. Cubbi collects a service fee on all rent payments. Cubbi is entitled to charge the service fee for any rent payments recorded in Cubbi regardless if the transaction took place outside Cubbi. Cubbi does not collect any other fees, interest, entitlements or any benefits from rent payments. Cubbi does not hold any funds transacted between an Owner and Tenant. The first rent payment made by the Tenant prior to moving into a home is held in escrow with Zai and disbursed to the Owner on the lease start date. All other rent payments are transferred to the Owner after they have become cleared funds. More info.
1.18 If a Tenant falls behind in rent Cubbi may assist in getting the rent paid upto date and may prepare notices of termination of the Tenancy that the Owner may send or deliver to the Tenant. Refer here for more info. Cubbi may suggest a Payment Plan but it is completely up to the Owner and Tenant to agree on a Payment Plan and if so, on the terms of a Payment Plan.
1.19 Owners can Invoice Tenants for payments other than rent, for example water consumption, and all such payments made to the Owner from the Tenant through Cubbi and not direct to the Owner. Only rent payments incur a Cubbi service fee.
1.20 Owners can record expenses and income transactions made outside the Cubbi platform. Cubbi provides access to reports for tax time, export to excel and access to invoices for payments transacted through Cubbi.
1.21 Cubbi provides a facility to handle routine inspections. This includes reminders when Owners may conduct routine inspections, sending a notification to the Tenant and reporting on the inspection.
1.22 Cubbi helps Owners keep fair market rent for their property with a rent increase process suggesting when to increase the rent, how much by and creating the notice. Owners and Tenants may both mutually agree to change Lease Terms anytime.
1.23 When a Tenancy is ending Cubbi may assist and guide the process for a smooth ending, calculate and process final rent payments to vacate date and may assist if any bond disputes arise. Cubbi may create termination notices for the Owner to send to the Tenant, with instructions for best delivery. All termination of a Tenancy agreement notices must come directly from the Owner or Tenant and direct to the other party of the Lease Terms (and not Cubbi). If a Tenant wants to break their lease Cubbi may guide the process.
1.24 These terms are specific to the use of Cubbi, they do not replace or overwrite a signed lease agreement or the Residential Tenancy Act.
Let's just get something out of the way; As a Landlord do I have to sign a Management Authority with Cubbi?
No but you agree to these Terms of Service when you register an account with Cubbi. For more clarity, these terms of Service do not give Cubbi the authority to manage a Property or negotiate a lease as a traditional real estate agent does. Therefore no Management Authority (as used by traditional real estate agents) is required to be signed between Cubbi and the Owner. However, if/when an Owner advertises a Property on realestate.com.au a one-off Listing Authority is generated and automatically signed for the sole purpose of giving Cubbi authority to list the Property for rent on realestate.com.au and other external websites. This Listing Authority is generated upon Listing your Property on realestate.com.au and ends immediately when the Property is leased or withdrawn from realestate.com.au.
Our collection and use of personal information in connection with your access to and use of the Cubbi Platform is described in our Privacy Policy. The Cubbi platform guides the Owner and Tenant to Rent a Property using industry best practices with a modern outlook however as the Owner and Tenant have direct contact with each other the Owner and Tenant are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the Rental Property. For example, each state of Australia has a different Residential Tenancy Act with different rules around pets while some Body Corporates (for a unit complex) may restrict the ability to have pets in the Property completely. We provide as much information and guidance on the Site and throughout our Help Center to help you identify and follow the obligations that apply to you and of course help both Owners and Tenants rent homes on Common Ground. If you have questions about how local laws apply to your Property(s) on Cubbi, always seek independent legal advice.
2.1 When creating a Listing through the Cubbi Platform you must (i) provide complete and accurate information about your Rental Property Service to Tenants (such as Listing description, location, and availability date), (ii) disclose any deficiencies and, (iii) provide any other pertinent information requested by Cubbi and, (v) list one Tenancy per Listing (you cannot advertise for multiple tenancies within the one Listing. e.g. share house template Listing) and, (vi) your Listing must abide by 3rd party Listing websites terms of use. For example, realestate.com.au’s Acceptable Use policy. You are responsible for keeping your Listing information up-to-date at all times.
2.2 You are solely responsible for setting the rent price (although we can provide assistance) for your Listing. You may not demand the Tenant pay a higher price than in their application but you may accept higher offers if made on their own merit.
2.3 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Rental Property Services. Cubbi reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
2.4 The placement and ranking of Listings in search results on the Cubbi Platform may vary and depend on a variety of factors.
2.5 A Property must not be advertised on 3rd Party Property Portals if the Owner is not currently seeking Tenants. The Owner must respond to all Tenant enquiries promptly and provide access for Tenant inspection. If the Owner is unable to gain access to the Property for inspection within 3 weeks of a request from a Tenant to inspect they must update the advertisement and display a reasonable time frame for when a potential Tenant may view the Property.
2.5 When you advertise a Property on any 3rd party Property portal the Listing is advertised for rent by Cubbi. You agree to give Cubbi the authority to advertise your Property for rent on your behalf to the nominated Third Party Property Portals. Every time you publish a Property (be it the same Property or another Property) on realestate.com.au a one-off Listing Authority is generated and automatically signed for the sole purpose of giving Cubbi authority to list the Property for rent on realestate.com.au. This Listing Authority is generated upon advertising your Property on realestate.com.au and ends immediately when the Property is removed from the realestate.com.au website.
2.6 The Listing URL may be public regardless of the status of the Tenancy. For example if the Tenancy is leased (currently rented) the Listing URL may be found public on the internet.
2.7 A listing can only be used for one Tenancy (no matter the lease length) for a single property address. When the Tenancy has been filled (you found tenants) you must ensure the status of the listing (for example, leased or withdrawn) is updated within a reasonable timeframe (no later than 72 hours after the property is no longer available). In the event you use Cubbi to advertise only, you must manually remove the listing via your Cubbi Dashboard within this timeframe. If you fail to update the status of the listing, Cubbi will have full authority to remove the listing immediately. Cubbi has full discretion to remove an advert from all the websites, if we believe there is a breach of this term, and/or charge a new listing fee based on the number of new tenants you have found with one listing.
3.1 Any Special Conditions included in your Lease Terms must not conflict with these Terms of Service or naturally the Residential Tenancy Act.
3.2 You must provide Cubbi with all the Lease Terms relating to the Tenancy. This is all the information required to create a legally binding lease agreement and to assist each party to understand their obligations to the other party. These terms may include Owners and Tenants contact details, Property address, rent amount, frequency of payments, bank account details, special conditions and services supplied to the Property.
3.3 You agree to receive notices from your Tenant to your email address in your Cubbi profile or on the signed Lease agreement unless clearly put otherwise in writing to the Tenant.
41 You agree to Zai's Direct Debit Authority and to provide additional verification to Zai when required. Failure to provide additional verification may delay the payment reaching your bank account.
4.2 You must not request Tenants pay rent or any other money owing to you outside of the Cubbi Platform.
4.3 Rent is calculated using inclusive dates. Therefore the period of rent paid refers to days the rent has been paid for. For example if the period of rent paid was from the 1st May 2018 - 7th May 2018, the 7th May 2018 day has been paid for.
4.4 Owners must not demand Tenants pay rent before the day rent is due. However Owners and Tenants can mutually agree to change the day rent is due, frequency of payments or rent amount anytime.
5.1 If you choose to require a Bond for your Tenancy, you must specify this in your Listing ("Bond").
5.2 You must not request a Tenant to pay a Bond prior to them being approved for the Tenancy.
5.3 It is the Owners responsibility to send the bond money and the signed bond lodgement form to the local bond authority. Cubbi does not hold the bond or have legal authority over the bond held.
5.4 If you collect a Bond you must complete a Condition Report.
6.1 You must complete the Condition Report and provide it to the Tenant before the Tenant moves into the Property. If you complete the Condition Report outside of Cubbi, we may not assist with any insurance claims for damage or provide advice to the Owner or Tenant regarding the condition or damage to the Property.
7.1 Cubbi may enable Owners to authorise other Members ("Co-Owners") to administer the Owner’s Tenancy(s), and to bind the Owner and take certain actions in relation to the Tenancy(s) as permitted by the Owner, such as accepting Tenants requests, messaging Tenants, and updating the Lease Terms and Listing details (collectively, "Co-Owner Services"). Any such agreement formed between Owner and Co-Owner is not to conflict with these Terms.
7.2 Owners should exercise due diligence and care when deciding who to add as a Co-Owner to their Tenancy(s). Owners remain solely responsible and liable for any and all Tenancy and Member Content published on the Cubbi Platform, including any Tenancy created by a Co-Owner on their behalf.
8.1 Cubbi recommends you obtain appropriate insurance when Renting a Property. Cubbi may assist by providing information for your review and decision. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any excess that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of you and your Tenant.
9.1 No action is required to End the Tenancy prior to it being an Active Tenancy. For example there is no commitment for the Owner to continue using the Cubbi services after advertising the Property for rent.
9.2 Once a Property becomes Active. There are two forms of ending a Tenancy on Cubbi; with a Vacate Date or without a Vacate Date. See 7.7.3 and 7.7.4 below.
9.3 When a Tenancy ends with a vacate date, the Tenancy between the two Members ends with the Tenant moving out of the Property and all the Lease Terms between the two Members terminated. Owners and Tenants must terminate the Tenancy by giving correct notice to the other Member in accordance with the Lease Terms and the Residential Tenancy Act.
9.4 When a Tenancy ends without a vacate date, rent payments stop and Cubbi service fees stop. This does not end the agreement, lease agreement or Lease Terms between the Owner Member and the Tenant Member. It simply takes the Tenancy off Cubbi.
9.5 When a Tenancy ends regardless of the reason or form, all existing Owners and Tenants of the Property will have access to the full history of payments including rent status, Lease Terms (agreement), Tenant application completed and the condition report. If a Member deletes the Tenancy in their Cubbi account the information in these clauses will not be accessible to the Member but may still be accessible by the other Member.
10.1 Subject to meeting any requirements (such as completing any verification processes) set by Cubbi and/or the Owner, you can apply for a Property on the Cubbi Platform by following the respective application process.
10.2 Upon applying for a Property you are not contractually obliged to lease the Property (sign a lease agreement) however we recommend prior to applying for the Property you (or a close friend or family or your representative) view the Property to ensure it is right for you. You are applying for the Property as it is or as otherwise stated in writing (for example on the Listing).
11.1 You agree to receive legal notices from the Owner to your email address in your Cubbi profile or on the signed Lease agreement unless clearly put otherwise in writing to the Owner.
11.2 You agree not to rent, sublet or grant anyone a licence to occupy part or whole of the rented premises without prior written consent from the Owner.
11.3 During a Tenancy if there are any changes of Tenants this must be put in writing to the Owner and all incoming Tenants may be subject to apply for the Property or as otherwise directed by the Owner.
12.1 As per the Master Terms 1.3: Cubbi has contracted with Zai [Australia Pty. Ltd.], (together with their affiliates, subsidiaries and divisions, collectively "Zai") to facilitate the payment process for all payment transactions between Members (including rent payments) and payment transactions between you and Cubbi. You agree to the terms of Zai End User Agreement when making or receiving a payment.
12.2 You must not pay any money directly to the Owner. All money owing as part of the Lease Terms must be transacted through Cubbi.
12.3 Cubbi may automatically retry failed Direct Debit payments.
12.4 Cubbi is not at liberty to refund any payments made by you to the Owner by mistake. If Cubbi has mistakenly debited your account for any reason by mistake you will be refunded in full as soon as reasonably possible.
13.1 You agree to leave the Property and release the keys no later than 9pm local time on the Vacate date (or Termination Date) of the Tenancy or such other time as mutually agreed upon between you and the Owner.
HomePay
These Product Specific Terms (14-15) relate to the use and service of the HomePay product service offering.
14.1 HomePay is a Tenant lead product that enables Tenants to pay rent and other household expenses.
15.1 Just for additional clarity, you agree to Master Term 1.3 - Cubbi has contracted with Zai [Australia Pty. Ltd.], (together with their affiliates, subsidiaries and divisions, collectively "Zai") to facilitate the payment process for all payment transactions between Members (including rent payments) and payment transactions between you and Cubbi. You agree to the terms of Zai End User Agreement when making or receiving a payment.
15.2 When you pay money in (or top up) the funds are paid into a Digital Wallet. You have a responsibility to ensure the safety of your money in your Digital Wallet, which we may also refer to as your Home Account.
15.3 Funds held in your Digital Wallet are accessible by any Tenant user of the tenancy. You must keep your Cubbi account log details safe and only invite other Tenants you trust because they too will have access to all the funds in the Home account (digital wallet) regardless of who paid the money into the Digital Wallet. Any tenant can pay money out of the Home Account, up to the total balance in the Digital Wallet to pay Rent or any other household expenses. To withdraw funds back to you from the Digital Wallet, each Tenant user must agree on the amount and where the funds will be dispersed to, eg bank account details.
15.4 On the rent due date, money from your Home Account may be automatically be paid as rent and dispursed to the Owner or 3rd Party Manager based on your settings. If you do not have enough funds in your Home Account at that point in time, the total balance of your Home Account will be paid as rent and disbursed to the Owner or 3rd Party Manager. If rent is currently owing when money is paid into the Home Account the balance of rent owing will automatically be paid as rent and disbursed to the Owner or 3rd Party Manager. This is to ensure you are always up to do date with your rent payments.
15.5 It is your responsibility to ensure the banking details of the 3rd Party Manager is correct, otherwise, your money (eg Rent) will be paid out to the wrong person and these funds are not recoverable through Cubbi. Cubbi is not responsible to recover funds as a consequence of banking details incorrectly entered by you. Cubbi will only attempt to recover funds if it is a mistake on our behalf.
15.6 When money (for rent or other household expenses) are paid out from your Home Account the funds are not recoverable or reversible under any circumstances.
15.7 If money is stolen through any means (eg through fraudulent activity) from your Digital Wallet or Home Account, Cubbi is not responsible for your loss. Cubbi will however complete reasonable steps to recover your money through our payment provider or any other reasonable means.
15.7 Cubbi is not a bank and your Home Account is not a Bank Account.
Respecting Information Privacy
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.
There are three general categories of information we collect.
We ask for and collect the following personal information about you when you use the Cubbi Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Cubbi Platform. This additional information will be processed based on your consent.
It is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering legislation). Without it, you will not be able to use Cubbi:
When you use the Cubbi Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Cubbi Platform.
Cubbi may collect information, including personal information, that others provide about you when you use the Cubbi Platform, or obtain information from other sources and combine that with information we collect through the Cubbi Platform. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Cubbi Platform, create and maintain a trusted and safer environment and comply with our agreement and legal obligations.
We process this information given our legitimate interest in improving the Cubbi Platform and our Members’ experience with it, and where it is necessary for the adequate performance of this agreement with you.
We process this information given our legitimate interest in protecting the Cubbi Platform, to measure the adequate performance of our agreement with you, and to comply with applicable laws.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorise a third party application or website to access your Cubbi Account or when you participate in promotional activities conducted by Cubbi partners or third parties.
To help facilitate Tenants applying for a Property or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
We don’t share your billing and payout information with other Members.
The Cubbi Platform lets you publish information, including personal information, that is visible to the general public. For example:
Based on our legitimate interest to promote the Cubbi Platform we may display parts of the Cubbi Platform (e.g., your Listing page) on sites operated by Cubbi’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.Information you share publicly on the Cubbi Platform may be indexed through third party search engines and Property Sites. For example, Google and RP Data. We do not control the practices of third party search engines, and they may use caches containing your outdated information.Websites like Corelogic (RP Data) collects Property records when a Property is publicly listed for rent. Everything you submit publicly may be collected by any Third party. For example, your photos, description, rent amount and when you first started advertising to when it was removed. We do our best to protect your personal information as much as possible, your name, email and phone number is not publicly displayed by any Third Party Property Portal by Cubbi.
Owners may need to use third party services available through the Cubbi Platform to assist with managing their Rental Property Services or providing additional services requested by you, such as tradespeople services. Owners may use features on the Cubbi Platform to share information about the Tenant (Tenant name, Tenant email and Tenant phone number) with such third party service providers for the purposes of coordinating maintenance, managing the Rental Property Services, or providing other services.
Cubbi may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Cubbi, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or other agreements with Members, or (v) to protect the rights, Property or personal safety of Cubbi, its employees, its Members, or Members of the public.Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Cubbi’s Property, its Members and the Cubbi Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
Cubbi uses a variety of third party service providers to help us provide services related to the Cubbi Platform. Service providers may be located inside or outside of Australia.For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Cubbi Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.Cubbi will need to share your information, including personal information, in order to ensure the adequate performance of our agreement with you.
To enable or support us in providing the Cubbi Platform, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
Additionally, we may share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Cubbi Platform and our affiliates’ services.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Cubbi Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.The social media platforms with which we may share your personal data are not controlled or supervised by Cubbi. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.Please note that you may, at any time ask Cubbi to cease processing your data for these direct marketing purposes by contacting us.
If an individual Member applies for a Property under a Company or Trust (a separate entity "Enterprise") or the Owner or Tenant of a Tenancy is an Enterprise, the individual linked to the Enterprise provides Cubbi and any Member of the Tenancy access to contact the Company or Trust for reasons to provide Rental Property Services or Rent a Property such as reference checking or following up rent payments or any other legal matters.
If Cubbi undertakes or is involved in any merger, acquisition, reorganisation, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, improve the service we provide Members.
We may review, scan, or analyse your communications on the Cubbi Platform for fraud prevention, regulatory compliance, risk assessment, investigation, product development, research, and customer experience and customer support purposes. For example, in some cases, we may also scan, review, or analyse messages to debug, improve, provide suggestions and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyse your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Cubbi's legitimate interest in ensuring compliance with applicable laws, our Terms of Service, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services including renting on Common Ground.
Parts of the Cubbi Platform use Kleber and Google Maps/Earth services. Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.html_safe.
The Cubbi Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). Cubbi doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Cubbi, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section by contacting us. Please note that we may ask you to verify your identity before taking further action on your request.
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
You may request copies of your personal information held by us. You may also be entitled to request copies of personal information and Tenancy information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Cubbi Account).
We generally retain your personal information for as long as is necessary for the performance of the agreement between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Cubbi Platform to you, you can request that we erase your personal information and close your Cubbi Account. Please note that if you request the deletion of your personal information:
Where you have provided your consent to the processing of your personal information by Cubbi you may withdraw your consent at any time by changing your Account settings or by contacting Cubbi specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
You have the right to lodge complaints about the data processing activities carried out by Cubbi before the competent data protection authorities.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorised access, loss, destruction, or alteration. Some of the safeguards we use to protect your information with encrypted connections and information access controls. If you know or have reason to believe that your Cubbi Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Cubbi Account, please contact us immediately.
Read more about how Cubbi keeps your information safe.
Cubbi reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Cubbi Platform and update the "Last Updated" date at the top of the Terms. We will also provide you with notice of the modifications by email or on screen while using the Cubbi Platform at least thirty (30) days before the date they become effective. If at anytime you disagree with the this Privacy Policy, you may terminate our agreement effect immediately. If you do not terminate your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Cubbi Platform will constitute acceptance of the revised Privacy Policy.
If you have any questions or complaints about this Privacy Policy or Cubbi’s information handling practices, email hello@cubbi.com.au or contact us here.
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