Welcome to RentPay!
This user agreement is a contract between you and RentPay Technology Pty Ltd ACN 636 254 709 governing your use of your RentPay account and the RentPay services.
You must be a resident of Australia and at least 18 years old to open a RentPay account and use the RentPay services.
By opening and using a RentPay account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and agreements:
Please carefully read all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you. If there is any inconsistency between this user agreement and any of the above policies, the incorporated policy will prevail.
We may revise this user agreement and the incorporated policies listed above. The revised version will be effective at the time we specify. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide notice to you of at least 30 days. You agree to receive notices electronically. By continuing to use our services after any changes to this user agreement become effective, you agree to comply with those changes. If you do not agree with any changes to this user agreement, you may close your account.
This agreement and any other agreements you have with us may be provided electronically. RentPay may communicate with you about your RentPay account and the RentPay services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Except as otherwise set out in this agreement, written notices to RentPay must be sent by postal mail to:
RentPay Technology Pty Ltd
GPO Box 2543
Perth WA 6001
Your RentPay account lets you do things like:
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers or any other codes that you use to access your RentPay account and the RentPay services. You must keep your mailing address, email address and other contact information current in your RentPay account profile.
In connection with any potential applications to use the Product, you agree to RentPay obtaining from Equifax a Credit Report containing the Personal Information of or relating to you and to us disclosing to Equifax details of the credit applied for and any defaults if applicable. You can contact Equifax or visit their website to see their policies on the management of credit-related personal information, including details of how to access credit-related personal information they hold. You may have the right to request Equifax not to use or disclose credit-related personal information where you have been the victim of fraud or not to use such information to determine your eligibility to receive direct marketing from credit providers.
You may close your account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your RentPay account even after the RentPay account is closed. When you close your RentPay account, we will cancel any scheduled or incomplete transactions. Once we have received a request to close your RentPay account we will no longer allow any payments to be made from the account.
In certain cases, you may not close your RentPay account, including:
Any funds we are holding for you at the time of closure, less any fees and any other amounts you owe us under this user agreement, will be paid to you at our discretion by:
You can link or unlink a debit card, credit card, or an Australian bank account to your RentPay account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your RentPay account.
If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.
If you have chosen a Preferred Payment Method, it will be shown as the primary method of payment and we’ll process all payments using your Preferred Payment Method. Where a payment via your Preferred Payment Method fails, then where you have provided one, we may use your Backup Payment Method to make the payment.
You may choose to carry a balance in your account (Available Balance). RentPay holds the Available Balance funds on trust for you, in accordance with this User Agreement. You acknowledge that the Available Balance can be used to meet our settlement obligations in respect of your transactions and to provide security for our settlement obligations.
Any interest paid by our bank on the total of renters’ Available Balances held in the trust bank account will be applied towards offsetting transaction and other costs of operating the trust bank account and our other expenses. You acknowledge and agree that we are entitled to any interest earned on funds held on your behalf, and that interest will not be paid into your account.
You can add funds to your wallet either by using the BPAY details provided to you (note that it can take up to 3 Business Days for funds to clear using this method) or by using any of the payment methods linked to your RentPay account. When using the payment methods linked to your RentPay account, you can either direct us (via the RentPay app or website) to add funds to your account as a one off or you can set up recurring payments. Amounts in your wallet can only be used by you once we have received cleared funds. We will use reasonable endeavours to effect any such payment within 2 Business Days after you have instructed us to do so.
Other than by directing us to make bill or rent payments on your behalf, you may not withdraw funds from your account except if you are closing your account or under very limited other circumstances. If you wish to withdraw funds, you will need to contact us at firstname.lastname@example.org or 1300 797 933 to request a withdrawal. If we receive such a request, we will evaluate it and provide a response within 2 Business Days. Withdrawals less any applicable fees, will be paid to you at our discretion by:
You may make payments to verified real estate agents or landlords, or to permitted third parties such as utility and/or telecommunications companies, insurers and similar providers. You may not make any payments to any party that is not a Permitted Party (as described below).
In order for a payee to be a Permitted Party, we will first need to verify them following our internal Anti Money-Laundering and Counter Terrorism-Financing (AMLCTF) Policy. If we are unable to verify a party to whom you are trying to pay money we may ask for further information before processing the transaction or we may decline to process the transaction at our sole discretion.
You may make payments to a Permitted Party by using the app or website to either schedule recurring transactions or by directing us to make a single payment. You will need to have an Available Balance greater than the required payment amount on any date that a payment is required to be made from your account. If you do not have sufficient funds, we will not process the transaction.
You have the right to receive an account statement showing your RentPay account activity. You may view your RentPay account statement by logging into your RentPay account and can request an emailed copy of your statement at no cost to you.
In the event you request that we send you hard-copy records related to your RentPay account; we may charge you a fee of $10.00 per item requested but we won’t charge you for records requested in connection with your good-faith assertion of an error in your RentPay account.
We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling processes and policies and relevant regulatory standards. You can make a complaint or lodge a dispute by emailing us at email@example.com or via telephone at 1300 797 933.
We aim to:
Where we cannot resolve a complaint within 30 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
Dispute with us or your card issuer
For disputed payments made via a credit or debit card, you must choose whether to pursue a dispute with RentPay or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you successfully pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.
If you choose to dispute a transaction with RentPay and we decide against you, you can seek to pursue the dispute with your card issuer later. If RentPay does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).
Before contacting your card issuer please contact RentPay so that we can try and resolve your dispute, particularly if this dispute relates to services not received from a third party.
Referral of unresolved complaints to external dispute resolution scheme
We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers. For more information on AFCA, please visit www.afca.org.au.
If you are not satisfied with our resolution or handling of your complaint you may wish to contact AFCA by:
Phone: 1800 931 678
Mail: Australian Financial Complaints Authority
GPO Box 3, Melbourne VIC 3001
Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.
In connection with your use of our websites, your RentPay account, the RentPay services, or in the course of your interactions with RentPay, other RentPay customers, or third parties, you must not:
Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect RentPay, its customers and others at any time in our sole discretion acting reasonably. The actions we may take include, but are not limited to the following:
If we close your RentPay account or terminate your use of the RentPay services for any reason, we’ll provide you with notice of our actions and refund any unrestricted funds held in your RentPay account.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by RentPay, any RentPay customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the RentPay services.
We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law or regulation. For example, we may refuse to process a payment:
General information about Account Limitations
Under certain circumstances, in order to protect RentPay and the security and integrity of the RentPay services, RentPay may take account-level or transaction-level actions. If we take any of the actions described here, we’ll provide you with notice of our actions (but may not be in a position to disclose the reasons for such actions), but we retain the sole discretion to take these actions. To request information in connection with an account limitation, you should contact us at firstname.lastname@example.org or follow the instructions in our email notice with respect to the limitation.
We may limit your access to sending, receiving or withdrawing funds for up to 180 days. A limitation may remain beyond 180 days if we reasonably believe there is still a risk to the integrity, security or reliability of us or our systems.
You must resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect RentPay, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. The actions we may take include:
There may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your RentPay account has been limited, you should either review the email you receive from us informing you that your RentPay account is limited or log in to your RentPay account for additional details about the limitation on your RentPay account.
Court Orders, Regulatory Requirements or Other Legal Process
If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your RentPay account, placing a limitation on your RentPay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your RentPay account. When we implement a limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the limitation may remain in place longer than 180 days.
Protection from Unauthorised Transactions
This section applies to individuals only.
Liability for unauthorised transactions
You can review your transaction history at any time by logging in to your account. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised.
When you are not liable for loss
You are not responsible for any loss resulting from an unauthorised transaction if:
When you are liable for loss
You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or negligence. You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us.
Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between:
If RentPay malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges.
Notifying RentPay of errors and unauthorised transactions
If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us.
If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 Business Days. In this circumstance, please complete and mail the declaration as directed by the RentPay customer service representative.
It may take up to 30 days to investigate your complaint or question. Once we have completed our investigation we’ll advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose.
RentPay suspension and termination rights
RentPay, in its sole discretion, may:
Amounts owed to RentPay
If you owe any amount to us or our affiliates you agree to allow the recovery of these amounts by debiting your account promptly after we form a conclusion on reasonable grounds that payment will not be received in full for any reason. If there are insufficient funds in your account to cover any amount you owe us or our affiliates, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debts by:
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
In this section, we use the term “RentPay” to refer to RentPay Technology Pty Ltd, our ultimate parent, Rent.com.au Limited, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.
You indemnify and hold us, our affiliates, and each of their officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with:
Your liability under this clause will be proportionally reduced to the extent that RentPay caused or contributed to the relevant claim or loss, or where RentPay failed to take reasonable steps to mitigate the relevant claim or loss.
Limitation of liability
RentPay’s liability is limited with respect to your RentPay account and your use of the RentPay services. To the maximum extent permitted by law (and subject to our liability under any Consumer Guarantee), and to the extent that RentPay’s liability is not otherwise limited by this part or any other term of this agreement in no event will RentPay be liable for Consequential Loss (whether the claim is in relation to the loss or damages arises under statute, in contract or in tort (including negligence) or otherwise) arising out of or in connection with:
To the maximum extent permitted by law (and subject to our liability under Consumer Guarantee that may apply), in no event will RentPay be liable to you for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with:
To the extent our liability is not otherwise limited by this part, and to the maximum extent permitted by applicable law, RentPay is not liable for Consequential Loss.
To the maximum extent permitted by law and to the extent our liability is not otherwise limited by this part, our liability, whether the claim is in relation to the loss or damages arises under statute, in contract or in tort (including negligence), for any breach or non-compliance with a Consumer Guarantee or otherwise is limited to doing one or more of the following (at our election):
Subject to the operation of any Consumer Guarantee, any other law in relation to the goods and services provided under this agreement, or any other express warranty or representation we make in this agreement:
Release of RentPay
If you have a dispute with any other RentPay account holder, you release RentPay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
"RentPay.com.au", "RentPay", "ScoreBuilder", "SafetyNet", and all logos related to the RentPay services are either trademarks or registered trademarks of RentPay Technology Pty Ltd or its licensors. You may not copy, imitate, modify or use them without RentPay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RentPay. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by RentPay for the purpose of directing web traffic to the RentPay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterises RentPay or the RentPay services or display them in any manner that implies RentPay's sponsorship or endorsement. All right, title and interest in and to the RentPay websites, any content thereon, the RentPay services, the technology related to the RentPay services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of RentPay and its licensors.
You may not transfer or assign any rights or obligations you have under this user agreement without RentPay's prior written consent. RentPay may transfer or assign this user agreement or any right or obligation under this user agreement at any time. We will notify you of such a transfer or assignment.
“Available Balance” means the funds that you have deposited into your RentPay account and which RentPay has been able to confirm with your bank as being cleared funds.
“Business Day” means days that banks are open for business in Sydney, New South Wales, Australia.
“Consequential loss” means any Loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
A “consumer guarantee” is a right you may have under consumer protection laws against providers of goods or services.
If you do not access log in to your RentPay account for two or more years, RentPay may close your RentPay account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.
This agreement is governed by the law in force in Western Australia.
You authorise RentPay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
Anti-money laundering and counter-terrorism financing laws may require that we verify your identity. RentPay reserves the right to close, suspend, or limit access to your RentPay account and/or the RentPay services if, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
An “insolvency event” can mean many things because there are different types of insolvency and it depends on whether you are an individual or a business. Insolvency events are the happening of any of these events:
(a) You suspend payment of debts or cannot pay debts as and when they fall due;
(b) Where you are a body corporate:
(c) Where you are a natural person:
(d) An event happens analogous to an event specified above to which the law of another jurisdiction applies and the event has an effect in that jurisdiction similar to the effect which the event would have had if Australian law applied.
RentPay is only a payment service provider
We act as a payment service provider only. We do not:
If any provision of this agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. This agreement will otherwise remain in full force and effect and be enforceable.
Part A - Financial Services GuideThis FSG contains information about:
Part B Product Disclosure StatementThis Product Disclosure Statement (PDS) is prepared by RentPay Technology Pty Ltd ACN 636 254 709. Our Product Disclosure Statement (PDS) contains information you require to make a decision about whether or not to apply to use our Services. Prior to making any decision about this service, you should consider whether this product is right for you. Any advice in this PDS is general advice only. You should consider the appropriateness of any general advice to your own circumstances before acting on it.
|RentPay Set-up Fee||$3||Once only when RentPay Account is successfully activated|
|Dishonour Fee||$15||14 days after dishonour|
|Monthly Transaction Fee||$2 (For 4 agent payments using either BPAY, NPP or Bank account methods)||At RentPay Account activation and monthly anniversary from sign-up|
|Additional Agent Transaction Fees||$0.30 per NPP Transaction, $0.20 per bank transfer, $0.20 per BPAY Transaction||Monthly anniversary from sign-up|
|Credit Card Fee||1.25%1||When the CC has been processed|
|BPAY IN||$1||At the point of BPAY Transaction|
Our dispute resolution procedure requires that we provide a written final response to the complainant within 45 days (21 days where the complaint relates to a default).