Terms and conditions

Terms and conditions: RTA Web Services

Our online services are on a secure site and any information you submit is treated as private and confidential.

These terms and conditions (‘terms and conditions’) govern your use of this site and form a binding contractual agreement between you, the user of this site, and us. This site is NOT to be used by third party providers that contribute to payment of a rental bond. Third parties cannot use this site to claim a refund of a rental bond. Before accessing this site you must carefully read, and agree to, the terms and conditions listed below.

If you do not agree to the terms and conditions, then you must not use, or continue to use, this site or the online services.

Definitions and interpretations

'cookie'

means an electronic file which is placed on your computer automatically to retain your preferences for this site so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users.

‘rental bond’

has the meaning provided in section 111 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). In simple terms, it is a security deposit which is paid by the tenant at the start of the tenancy and is intended to be available for the financial protection of the lessor if the tenant breaches the tenancy agreement.

'RTA'

means the Residential Tenancies Authority.

'service provider'

means a Queensland Government department or instrumentality, or other government or non-government body contributing to this site.

'third parties'

means any person or agent, excluding us or you, who acts on behalf of an individual person.

'this site'

means the equipment, programs, services and systems provided by us or our service providers to allow you to use the RTA web services and access the information provided by us and our service providers.

'use of this site'

means your use of the RTA web services and your access to all information provided on this site by us and our service providers.

'we', 'us' and 'our'

means the RTA and its successors.

'you' and 'your'

means the legal entity or entities using this site.

Terms of agreement

The RTA is a Queensland Government statutory authority (ABN 36 644 327 620) established under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the Act). The RTA is responsible for the administration and enforcement of the Act and the Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld). The RTA is also responsible for receiving, holding and paying rental bonds under the Act.

The legislation referred to in these terms and conditions may be amended or replaced at any time.

Your access to or use of this site is conditional upon your acceptance and compliance with these terms and conditions. By accessing and using this site, you will be deemed to have accepted and be bound by these terms and conditions. By accessing or using this site, you also represent that you have the legal authority to accept these terms and conditions on behalf of yourself or any person or entity that you represent with your use of the RTA web services. You should notify any person or entity that you represent of these terms and conditions and their obligations under these terms and conditions.

These terms and conditions include our:

• disclaimer;
• copyright statement; and
• privacy statement.

In our disclaimer, copyright statement and privacy statement, any references to ‘this site’, ‘this website’ or similar will mean this ‘site’ as that term is defined in these terms and conditions.

If there is any inconsistency between these terms and conditions and the terms and conditions of the Queensland Government website, these terms and conditions will prevail.

Changes to these terms and conditions

We have the right to change, add to or discontinue these terms and conditions or any feature of this site and RTA web services at any time at our discretion without reference to you by posting the changes online. It is your responsibility to ensure you are aware of any changes to these terms and conditions each time you visit this site.

Any changes to these terms and conditions take effect immediately and will apply to your use of this site from that date onwards. Your continued access to or use of this site after any changes to these terms and conditions indicates that you have read, understood and agree to be bound by those changes.

Using the service

The RTA will use its best endeavours to provide access to this site 24 hours each day, seven days per week. However, the RTA will not be liable to you for any interruptions to this site.

In using this site, you agree:

• that our electronic record of your use of this site is a true and correct record and will be relied on as such;
• to recognise the electronic record made by us of your use of this site;
• to only use this site for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of this site by any third party. This includes using another person’s personal information or QGov login details to undertake transactions through, or to access personal information stored on, this site;
• not to use this site for any dishonest, fraudulent, false, misleading or malicious purposes;
• not to impersonate or falsely claim to represent any other person or entity, whether living or dead, real or fictitious;
• not to undertake transactions on behalf of another person or entity without their explicit authority;
• not to use this site to access and/or alter the personal information of any other person without their explicit authority; and
• that all information provided is true and correct to the best of your knowledge and you have authority to provide this information.

You acknowledge and agree that:

• you may be required to indicate your acceptance and approval of information contained in any forms you submit online;
• we intend to rely on any forms and attached documents which you submit online as if they were received with a signature in hardcopy form;
• you must not:
  • abuse, stalk, harass, threaten or otherwise violate the legal rights of others;
  • post or transmit to or from this site any unlawful, offensive, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, inappropriate, or profane language or material, or any other material against a person, group of people or organisation that could give rise to any civil or criminal liability under the law;
  • use insulting, threatening or provocative language or language that is hateful towards a certain group of people, or incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic;
  • use spam by sending multiple copies or versions, or introduce any malicious code (e.g. Trojan programs, viruses, worms or logic bombs);
  • attempt to bypass this site’s network firewall or other security protocols and mechanisms;
  • impersonate any person or entity or make false statements;
  • conduct any illegal activity or solicit the performance of any illegal activity;
  • contribute to the site any text or other material that infringes the intellectual property rights of others or reveals confidential information;
  • contribute material to the site that contains or links to any commercial advertising material;
  • include links to or internet addresses for commercial or private websites, or any email addresses, in your contribution;
  • modify, translate, reverse engineer, decompile or disassemble any portion of this site; or
  • engage or attempt to engage in practices of password cracking, social engineering (i.e. defrauding others into releasing their passwords), denial-of-service attacks, screen scraping, database scraping, data mining or destruction or other activity with the purpose of obtaining lists of users or use web bots or other data extraction methods, or permit or enable another party to do so.

Notices

• You agree and accept that the RTA can send you notices electronically (either via email or SMS (short message service)).
• The RTA will send you electronic notices at certain points throughout your tenancy, which may include legislative notices (i.e. that the RTA is required to send you) or general information.
• You are responsible for ensuring that any notices, documents or communications sent to you electronically are read and acted upon as required.

Login

In order to complete transactions through this site, you will require a Queensland Government Identity issued through the QGov Identity.

The Queensland Government’s QGov website provides users with a method to verify their identity online.

If you do not currently hold a QGov login, you can create a QGov account . In order to complete the identity authentication process on the Queensland Government’s QGov website, you will need 100 points of identification. All actions which you undertake on the QGov website are subject to the QGov terms of use.

If you believe that an unauthorised person knows your QGov or third party provided username and password or has accessed this site using your QGov Identity details, you should immediately contact the RTA or the Queensland Government. We are entitled to assume that all transactions undertaken using your QGov Identity details were undertaken by you, unless you have informed us that your QGov or third party provided login details were compromised. We will not be liable for any loss or damage that you may incur as a result of someone else using your QGov or third party provided login details, either with or without your knowledge or consent. Any failure by you to keep your QGov Identity login details secure may result in unauthorised transactions being undertaken or unauthorised access to and use of your personal information which is available through this site.

If you are accessing this site using personal details or QGov or third party provided login details which belong to another person or entity, on behalf of that other person or entity, then you confirm that you have the necessary, explicit authority to undertake any transactions which you perform on behalf of that other person or entity. You must only undertake transactions on this site on behalf of another person or entity within the scope of the explicit authorisation granted by that third party. Following the completion of your transaction, you must log out of the site.

Online payments

This site permits you to lodge (i.e. pay) a rental bond online. This site is not to be used by third party providers to lodge a rental bond or claim a refund of a rental bond.
In order to make payments through this site, you will be transferred to the Queensland Government online payment system. You may make payments using a range of payment options.
All actions which you undertake are subject to the Queensland Government disclaimer and privacy policy.

You are responsible for ensuring that you have sufficient funds in your account for the payment.

Minimum system requirements

When you access this site, your transaction across the internet is protected by HTTPS and Secure Sockets Layer/Transport Layer Security (SSL/TLS) encryption. SSL/TLS is an industry standard for secure transactions. If your browser does not support the latest versions of SSL/TLS, you will not be able to access this site.

We use cookies to record anonymous information for statistical purposes, including your traffic patterns throughout this site. When you access this site, a cookie from our web server is placed on your computer automatically. If you wish to use this site you will need to accept cookies. If you have configured your browser to reject all cookies, you will only be able to view the information only pages on this site. If you wish to enable cookies you may need to change your internet browser configuration. Refer to the help functions of your browser.

Provision of information

You agree to provide true and correct information to us and you declare that all information your provide is true and correct.
It is an offence under sections 511 and 514 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) for a person to knowingly provide information to the RTA that is false or misleading in a material particular. This includes information provided to the RTA through this site and to all forms of written communication to the RTA. This also applies to anyone who provides information to the RTA, not just tenants/residents and property managers/owners. Penalties may apply. It is your responsibility to verify that all transaction details are correct before you complete the transaction. We will not be liable to you or any third parties for any loss or damage suffered as a result of the inaccuracy or incompleteness of information provided by you or any action taken by us in reliance on that information.
By submitting information through RTA Web Services to the RTA, you affirm that, to the best of your knowledge, the information provided by you through this Web Service is accurate and truthful and you confirm that the document is not false or misleading in any material particular.

Security of RTA web services

Although we make every reasonable effort to ensure the safety and security of the site and the information you submit to and obtain from this site, we cannot guarantee said safety and security.
This site has been issued with a digital certificate by AWS. The certificate allows a high-strength encryption to protect your personal details across the internet.
This certificate allows you to be confident that this is the RTA’s site and information entered into this site is secure. To verify the validity of the certificate when using this site, click on the padlock symbol in your browser's address bar.

Warranties and representations

We do not warrant or make any representations in relation to your use of this site. In particular, we do not warrant or represent:

• that your system will meet the minimum requirements (as apply from time to time) to enable your access to or use of this site;
• that the materials and information on this site are accurate, complete or suitable for any purpose;
• that this site is free from any viruses or defects;
• that your use of this site will be continuous and uninterrupted;
• that material or services in this site are appropriate or available for use in countries outside Australia; or
• that the operator or content of any other website which you may access through this site is accurate, reliable or appropriate in any way (please see our Disclaimer for more information).

Your access to and use of this site depends on telecommunications, internet service providers and other external factors and we do not guarantee:

• any minimum speed of transmission of data; or
• availability of this site at all times or at any specific times.

We will not be liable to you or third parties for:

• your system's incapacity in using this site;
• interruptions or delays to this site or the RTA web services whether beyond our control or not;
• any non-compliance with foreign and local laws if you use this site outside Australia; or
• your use of other websites which you may access through this site including in relation to contracting viruses, worms, Trojan horses and other items of a destructive nature,

except to the extent, if any, where we may not be able to lawfully exclude such liability to the maximum extent permitted by law.

You acknowledge and agree that we retain complete control over this site and may alter, amend or cease the operation of this site at any time in our absolute discretion.

Disclaimer of liability

We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this site.
Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in your personal information or accessed through this site.
If the law implies any warranty which cannot be excluded, then to the extent permissible by law, our liability for any failure to comply with such warranty is limited, at our option and as determined by us, to:

• the supply of goods or services again;
• the repair of goods; or
• the payment of the cost of having the goods or services resupplied or repaired.

You agree to release us from all responsibility and all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever (including without limitation, liability in negligence) arising under this agreement or in connection with your use of this site, for any loss or damage, including indirect, incidental or consequential loss or damage, whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this site.

Please consult our Disclaimer for further details.

Indemnity

You agree to indemnify us and our officers, employees, agents and contractors (including sub-contractors) ('those indemnified') from and against all actions, proceedings, claims, demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which:

• may be brought against or made upon those indemnified; and
• those indemnified may incur on their own behalf or sustain as a result of a third party claim,

arising out of or as a consequence of:

• your use of this site;
• any breach of these terms and conditions by you; or
• any wilful, unlawful or negligent act or omission by you relating in any way to this site.

You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

Australian units

All dollar amounts on this site are in Australian Dollars (AUD).
Time is provided in Australian Eastern Standard Time (AEST) as it exists in Brisbane, Queensland, Australia (GMT + 10:00). Please note that Brisbane does not have daylight saving time during summer.

Intellectual property and copyright

Please consult our Copyright statement for further details.

Your personal information

Please consult our Privacy statement for further details, including information about the use of your personal information.

Governing law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

Waiver

None of these terms and conditions will be taken to be waived except by written notice signed by you and us.

Severability

If any of these terms and conditions are held to be void, invalid, unenforceable or illegal for any reason, that term will be severed from these terms and conditions without affecting the enforceability of the remaining terms.

Contact us

If you have any questions regarding our terms and conditions or if you encounter any problems with this site, please contact the RTA.