Terms & Conditions

In these Terms & Conditions ("T&Cs"), the following terms have the meanings set out below unless the context otherwise requires:

"Additional Services"

Any service provided by EzyFlats to a Landlord or Tenant that is not included in the Service Fee, charged at the Standard Hourly Rate or at such fixed fee as is agreed in writing in advance.

"Australian Consumer Law" or "ACL"

Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Booking"

A confirmed reservation of a Property on the Platform, evidenced by a signed Residential Tenancy Agreement and payment of the applicable fees.

"Bond"

The security deposit paid by a Tenant in connection with a Booking, lodged with Consumer and Business Services (CBS) in accordance with the Residential Tenancies Act 1995 (SA).

"CBS"

Consumer and Business Services, the South Australian government body administering rental bonds under the Residential Tenancies Act 1995 (SA).

"Digital Document Service"

The automated generation and digital execution of an RTA in respect of a Non-SA Property, provided through the Platform without EzyFlats acting as a real estate agent, letting agent, property manager, or representative of the Landlord.

"Dispute Window"

The strict period of forty-eight (48) hours commencing from 12:00am local time on the Move-In Date during which a Tenant may raise a claim under the Move-In Guarantee.

"EzyFlats", "we", "us", "our"

EzyFlats Pty Ltd (ACN 686 265 592), a licensed real estate agency holding South Australian Real Estate Agent Licence RLA 346573.

"Landlord"

The property owner or authorised agent who lists a furnished rental Property on the Platform.

"Listing"

The published description, photographs, amenities, inclusions, and terms for a Property on the Platform.

"Material Misrepresentation"

A substantial and objectively verifiable discrepancy between the Listing and the actual condition of the Property at the time of move-in that would have materially affected a reasonable Tenant's decision to book. Minor cosmetic differences, normal wear and tear, and subjective expectations do not constitute a Material Misrepresentation.

"Move-In Date"

The date on which the Tenant is entitled to take possession of the Property under the Residential Tenancy Agreement.

"Move-In Guarantee"

The protection mechanism described in §14 of these T&Cs.

"Non-SA Property"

A Property located outside South Australia.

"Non-SA RTA"

An RTA in respect of a Non-SA Property, generated by EzyFlats as a Digital Document Service.

"Platform"

The EzyFlats website, mobile applications, and associated digital services operated by EzyFlats.

"Processing Costs"

The reasonable, verifiable costs incurred by EzyFlats in connection with a Booking, including but not limited to payment gateway fees, identity verification costs, bond lodgement administration, and lease generation costs.

"Property"

A furnished residential premises located in South Australia and listed on the Platform.

"Residential Tenancy Agreement" or "RTA"

The residential tenancy agreement issued in accordance with the Residential Tenancies Act 1995 (SA), generated by or through the Platform for each Booking.

"SA Property"

A Property located in South Australia.

"Service Fee"

The one-time fee of AUD $350 (or as otherwise stated at the time of Booking) charged to the Tenant for the services provided by EzyFlats in connection with a Booking.

"Standard Hourly Rate"

AUD $200 per hour plus GST, or such other rate as EzyFlats publishes on the Platform from time to time, billed in 15-minute increments with a minimum charge of 30 minutes per matter.

"Tenant"

An individual who books or applies to book a Property through the Platform.

2.1   EzyFlats operates an online platform enabling Landlords and Tenants to connect for the purpose of entering into residential tenancy agreements for furnished Properties located in South Australia.

2.2   EzyFlats acts as a licensed intermediary and facilitator. EzyFlats does not participate as a party to the Residential Tenancy Agreement — this agreement exists exclusively between the Landlord and the Tenant. As a licensed real estate agency under the Land Agents Act 1994 (SA), EzyFlats has regulatory obligations in respect of lease compliance, trust accounting, and dispute resolution for SA Properties only. For Non-SA Properties, EzyFlats provides a Digital Document Service to facilitate the generation of the RTA, and is not the Landlord's agent.

2.3   Users are responsible for complying with the Residential Tenancies Act 1995 (SA) and any other applicable Commonwealth or South Australian legislation.

2.4   These T&Cs govern all use of the Platform in connection with Bookings of Properties located in South Australia. Any conflicting terms proposed by a user require the prior explicit written agreement of EzyFlats.

3.1   The Platform facilitates Property Listings by Landlords and applications by Tenants for Properties located in South Australia.

3.2   EzyFlats provides the following services in connection with the Platform:

• secure messaging between users;
• identity verification for Landlords and Tenants (see §5);
• generation of Residential Tenancy Agreements compliant with the Residential Tenancies Act 1995 (SA);
• Stripe-secured payment processing and escrow (see §12);
• Bond lodgement with CBS (see §13);
• the Move-In Guarantee (see §14);
• customer support (see §6).

3.3   EzyFlats may restrict access to the Platform during scheduled maintenance, providing reasonable notice where feasible.

3.4   EzyFlats reserves the right to remove Listings, suspend user accounts, or modify Platform functionality at its sole discretion in accordance with these T&Cs.

4.1   Registration requires users to be at least eighteen (18) years of age and to provide accurate, complete, and current information.

4.2   Each account is personal and non-transferable. Users must safeguard their login credentials and are responsible for all activity conducted under their account.

4.3   Landlords must specify whether they operate commercially or privately. Commercial operators must provide their Australian Business Number (ABN) or equivalent identification numbers.

4.4   EzyFlats may, at its discretion, refuse registration or delete duplicate, inactive, or suspicious accounts.

5.1   EzyFlats verifies user identity through Stripe Identity and other third-party verification services.

5.2   Landlords are required to submit government-issued identification and, where requested, proof of property ownership or authority to lease.

5.3   Tenants are required to submit government-issued identification, income proof, and rental references as part of their application.

6.1   EzyFlats provides support via email and WhatsApp during South Australian business hours (ACST, Monday to Friday).

6.2   Support covers account issues, listing guidance, booking and payment enquiries, dispute assistance, and technical questions.

6.3   As a licensed real estate agency in South Australia, EzyFlats will respond to tenancy-related complaints in connection with SA Properties in accordance with its obligations under the Land Agents Act 1994 (SA). For Non-SA Properties, the scope of EzyFlats' involvement is governed by §9A and §25A.

7.1   Users must not:

• post inaccurate, false, or misleading content;
• infringe the intellectual property or other rights of any third party;
• use the Platform for fraudulent, deceptive, or illegal purposes;
• circumvent Platform functionality, security measures, or payment systems;
• scrape data, use bots, or automate interactions with the Platform without prior written consent;
• post defamatory, abusive, discriminatory, or harassing material;
• disrupt Platform operations or interfere with other users' access;
• contact users introduced through the Platform for the purpose of circumventing EzyFlats' services or fees.

7.2   EzyFlats reserves the right to immediately suspend or terminate accounts engaged in prohibited conduct, without notice and without liability.

8.1   Landlords must ensure Listings are accurate, complete, lawful, and comply with all applicable housing, building, health, and safety regulations.

8.2   Listings must include, at minimum: rent amount and payment frequency, Service Fees, availability dates, furnishings and amenities, location, and any house rules or restrictions.

8.3   EzyFlats reserves the right to moderate, edit for compliance, or remove Listings that are non-compliant, substandard, or misleading.

8.4   By uploading content to the Platform, users grant EzyFlats a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content for the purposes of operating and promoting the Platform.

9.1   EzyFlats generates a Residential Tenancy Agreement for each Booking, issued in accordance with the Residential Tenancies Act 1995 (SA).

9.2   As a licensed real estate agency in South Australia (RLA 346573), EzyFlats issues compliant leases on behalf of its Landlord clients. The RTA produced by the Platform is a legally binding document that protects the rights and obligations of both the Tenant and the Landlord under the Residential Tenancies Act 1995 (SA).

9.3   Bonds are lodged with CBS in accordance with the Residential Tenancies Act 1995 (SA) (see §13).

9.4   Residential Tenancy Agreements must be executed prior to the commencement of the tenancy, and copies must be provided to all parties.

9.5   Users must not circumvent EzyFlats by entering into separate agreements with parties introduced through the Platform.

9A.1   For Properties located in South Australia, EzyFlats acts as the Landlord's licensed real estate agency under the Land Agents Act 1994 (SA) and is responsible for generating the RTA, lodging the Bond with CBS, and acting on behalf of the Landlord in matters arising under the Residential Tenancies Act 1995 (SA), to the extent agreed between EzyFlats and the Landlord.

9A.2   For Properties located outside South Australia, EzyFlats provides a Digital Document Service only. EzyFlats generates a state-compliant RTA based on the information provided by the Landlord and the Tenant, facilitates digital execution of the RTA, and processes payments. EzyFlats does not act as the Landlord's agent, does not lodge the Bond, and does not represent the Landlord in any dealings with the Tenant or any statutory authority. The Landlord is the principal in all such dealings.

9A.3   Nothing in this section limits any right or remedy the Tenant has against the Landlord directly under the applicable residential tenancies legislation or the Australian Consumer Law.

10.1   Rent and any additional fees must be clearly stated in the Listing and agreed upon in the Residential Tenancy Agreement.

10.2   Tenant Service Fee: A one-time Service Fee of AUD $350 (or as otherwise stated) is charged to the Tenant per Booking. This fee covers identity verification, RTA generation, payment escrow, Bond lodgement with CBS, and Move-In Guarantee protection. Refund conditions for the Service Fee are set out in §17.

10.3   Landlord Service Fee: A service fee of 7% is charged on each weekly rent payment processed through the Platform, deducted from the Landlord's disbursement.

10.4   All payments are processed through Stripe. Users acknowledge and agree to be bound by Stripe's terms of service in addition to these T&Cs.

10.5   Users indemnify EzyFlats against disputes, chargebacks, or failed payments arising from off-platform transactions or attempts to circumvent Platform payment systems.

10.6   Fees paid to EzyFlats are non-refundable except as expressly set out in §17 and §19 of these T&Cs, or as required by the ACL or applicable legislation.

11.1   A Booking is created when a Tenant applies for a Listing with their verified profile and the Landlord accepts the application.

11.2   Upon acceptance, the Platform generates a Residential Tenancy Agreement compliant with the Residential Tenancies Act 1995 (SA) for digital execution by both parties.

11.3   After signing the RTA, the Tenant pays their first week's rent, Bond, and Service Fee. No funds are charged prior to the RTA being signed.

11.4   The first week's rent is held in Stripe escrow (see §12). The Bond is lodged with CBS (see §13). Neither amount is remitted to the Landlord at the time of payment.

12.1   The Tenant's first week's rent is held in a secure Stripe escrow account from the time of Booking. This is a holding account, not the Landlord's bank account.

12.2   Escrowed funds are released to the Landlord only upon the earlier of:

• the Tenant confirming via the Platform that the Property matches the Listing; or
• the expiry of the Dispute Window without a valid dispute being raised.

12.3   If a dispute is raised within the Dispute Window, the escrowed funds remain on hold pending investigation and resolution (see §18).

12.4   Ongoing rent payments after the first week are processed automatically via Stripe on a weekly basis as stipulated in the Residential Tenancy Agreement.

13.1   The Tenant's Bond is not held by the Landlord or by EzyFlats after lodgement. It is lodged with Consumer and Business Services (CBS) within the statutory deadline applicable to registered agents under the Residential Tenancies Act 1995 (SA).

13.2   Bond lodgement, claims, and refunds are administered by CBS. If there is a dispute at the end of the tenancy, the Bond is held by CBS until the parties agree or SACAT makes a determination.

13.3   EzyFlats facilitates the lodgement process but does not control Bond funds after lodgement. Bond refund timeframes are determined by CBS.

13.4   For Non-SA Properties where the Landlord and Tenant enter into an RTA, the Bond is lodged with the relevant state or territory Rental Bond Authority by the Landlord, not by EzyFlats. EzyFlats may remit the Bond amount to the Landlord through the platform's payment processing for the Landlord to lodge with the relevant Bond Authority, but does not itself lodge the Bond and does not warrant that the Landlord has done so. Tenants who do not receive a bond receipt or acknowledgment from the relevant Bond Authority within the period required by the applicable residential tenancies legislation should contact the Landlord and, if necessary, the relevant Bond Authority directly.

14.1   The Move-In Guarantee is automatically included in every Booking at no additional cost. It protects Tenants against Material Misrepresentation by ensuring that escrowed funds are not released to the Landlord until the Tenant has had the opportunity to verify the Property against the Listing.

14.2   The Move-In Guarantee operates through the escrow mechanism described in §12. The Tenant's first week's rent is held until the Tenant confirms the Property matches the Listing or the Dispute Window expires without a valid claim.

14.3   The Dispute Window is a strict period of forty-eight (48) hours commencing from 12:00am local time (ACST/ACDT) on the Move-In Date. Claims must be submitted within this window.

14.4   Late claims will not be considered under the Move-In Guarantee, except where the Tenant can demonstrate exceptional circumstances that prevented timely submission, assessed at EzyFlats' sole and reasonable discretion.

14.5   The Move-In Guarantee does not replace, limit, or modify any rights available to the Tenant under the Residential Tenancies Act 1995 (SA) or the ACL.

15.1   A refund under the Move-In Guarantee is available only where the Tenant can demonstrate one or more of the following grounds. Each constitutes a Material Misrepresentation or a fundamental failure of the Booking:

15.2   The Tenant bears the burden of providing clear, contemporaneous evidence supporting their claim, including timestamped photographs, video walk-throughs taken on or immediately after the Move-In Date, and screenshots or a saved copy of the original Listing for comparison.

15.3   EzyFlats reserves the right to conduct its own inspection or investigation before determining any claim.

16.1   To maintain the integrity of the Platform for all users, the following do not constitute eligible grounds for a refund:

16.2   The distinction between eligible and ineligible grounds is based on an objective, reasonable-person standard. EzyFlats' determination is made in good faith and at its reasonable discretion.

17.1   Where a valid refund claim is approved under the Move-In Guarantee, the following amounts apply:

17.2   Where a Landlord cancels a Booking after the Tenant has signed the RTA, the Tenant is entitled to a full refund of all amounts paid, including the Service Fee in full, with no Processing Costs deducted.

17.3   Approved refunds of escrowed rent and the Service Fee (less any applicable Processing Costs) will be processed via Stripe to the original payment method within seven (7) business days of the claim being approved.

17.4   Bond refunds are administered by CBS in accordance with its procedures and timeframes. EzyFlats does not hold Bond funds after lodgement and cannot control the timing of Bond releases.

17.5   EzyFlats will notify the Tenant by email when a refund has been processed. Actual receipt of funds may be subject to additional processing times imposed by the Tenant's financial institution.

18.1   To raise a claim under the Move-In Guarantee, the Tenant must:

• Submit a dispute within the 48-hour Dispute Window by emailing the EzyFlats support team or contacting us via WhatsApp. The dispute must clearly identify the grounds for the claim by reference to §15 of these T&Cs.
• Provide supporting evidence including timestamped photographs or video of the Property taken on or immediately after the Move-In Date, alongside screenshots or a saved copy of the original Listing for comparison.
• Cooperate with EzyFlats' investigation by responding to requests for additional information within a reasonable timeframe and, where requested, permitting EzyFlats or its appointed representative to inspect the Property.

18.2   Upon receipt of a valid claim, EzyFlats will place a hold on the escrowed first week's rent pending investigation.

18.3   EzyFlats will use reasonable endeavours to resolve disputes within fourteen (14) business days of receiving all required evidence. EzyFlats' determination is made in good faith and at its reasonable discretion.

18.4   Both parties will be notified of the outcome in writing. Where a claim is upheld, refunds will be processed in accordance with §17. Where a claim is not upheld, the escrowed funds will be released to the Landlord.

18.5   If the Tenant disagrees with the outcome, they retain all rights available under the Residential Tenancies Act 1995 (SA) and the ACL, including the right to apply to the South Australian Civil and Administrative Tribunal (SACAT).

18.6   §18 governs claims under the Move-In Guarantee only. Disputes arising after the Dispute Window, or which fall outside §15, are not handled by EzyFlats under the Service Fee. EzyFlats may, at its sole discretion, provide assistance on a fee-for-service basis at its published Additional Services rate (see §25A). Otherwise, the parties retain all rights available under the applicable residential tenancies legislation and the ACL, including the right to apply to the relevant tribunal.

19.1   Before the RTA is signed

Where a Tenant withdraws their application or cancels a Booking before the Residential Tenancy Agreement has been executed by both parties, no binding tenancy exists. In this case, the Tenant is entitled to a full refund of all amounts paid, including the Service Fee in full.

19.2   After the RTA is signed

Once the Residential Tenancy Agreement has been executed by both parties, it is a legally binding contract governed by the Residential Tenancies Act 1995 (SA). The Tenant cannot unilaterally cancel the Booking or withdraw from the tenancy simply by notifying EzyFlats.

A Tenant who wishes to exit an executed RTA before or after the Move-In Date must do so through the legal avenues available under the Residential Tenancies Act 1995 (SA), which may include:

• negotiating a mutual termination with the Landlord, which may include finding a suitable replacement tenant and covering re-letting costs;
• applying to SACAT for an order terminating the tenancy on the grounds of undue hardship (s 89);
• exercising a specific statutory right of termination where available (e.g., domestic abuse, premises uninhabitable); or
• serving written notice in accordance with the Act where the tenancy is periodic.

EzyFlats does not grant refunds of rent, Bond, or the Service Fee solely because a Tenant no longer wishes to proceed with an executed RTA. Any financial obligations arising from early termination — including liability for rent until a replacement tenant is found, advertising costs, and break-lease fees — are determined by the Residential Tenancies Act 1995 (SA) and the terms of the RTA itself.

19.3   Landlord cancellation after the RTA is signed

Where a Landlord unilaterally cancels a Booking or repudiates the Residential Tenancy Agreement after it has been executed and the Tenant has paid the required fees, the Tenant is entitled to a full refund of all amounts paid to or through EzyFlats, including the Service Fee in full, with no Processing Costs deducted. This is without prejudice to any further rights or remedies the Tenant may have against the Landlord under the Residential Tenancies Act 1995 (SA) or at law.

19.4   Form of cancellation

All cancellations and termination notices must be communicated in writing by email to the EzyFlats support team or via WhatsApp. Verbal cancellations are not accepted.

20.1   Once a Residential Tenancy Agreement has been executed, termination of the tenancy is governed by the Residential Tenancies Act 1995 (SA). EzyFlats does not grant, create, or extend termination rights beyond those provided by law.

20.2   The statutory grounds and procedures for tenant-initiated termination under the Residential Tenancies Act 1995 (SA) include:

• Landlord breach of the RTA (s 85): The Tenant may serve a written breach notice on the Landlord requiring the breach to be remedied within a minimum of 7 days. If the breach is not remedied, the tenancy may be terminated by a further 7 days' notice.
• Serious or irremediable breach by the Landlord (s 88): The Tenant may apply to SACAT for a termination order where the Landlord has committed a breach that is sufficiently serious to justify termination or that is not capable of being remedied.
• Premises uninhabitable, unsafe, or non-compliant (s 85B): The Tenant may terminate the tenancy by serving 7 days' written notice where premises do not comply with the Housing Improvement Act 2016 (SA), are destroyed, or are unsafe.
• Domestic abuse (s 85D): A Tenant who is subject to domestic abuse, or who holds an intervention order, may terminate the tenancy by serving written notice in accordance with the Act.
• Frustration of agreement (s 86B): Where the RTA is frustrated by circumstances beyond the control of either party, the tenancy may be terminated.
• Undue hardship (s 89): The Tenant may apply to SACAT for an order terminating the tenancy on the ground of undue hardship. SACAT may order compensation to the Landlord.
• Prescribed personal circumstances (s 85C): Where the Tenant requires aged care, palliative care, or crisis accommodation.

20.3   The above is a summary only and is not exhaustive. Tenants should refer to the Residential Tenancies Act 1995 (SA) and, where necessary, seek advice from the South Australian tenants' advisory service or a legal practitioner.

Interaction with the Move-In Guarantee

20.4   The Move-In Guarantee (§14–§18) operates independently of the statutory termination mechanisms described above. Where a Tenant raises a valid claim under the Move-In Guarantee within the Dispute Window and the claim is upheld, EzyFlats will process refunds in accordance with §17. A successful Move-In Guarantee claim does not automatically terminate the Residential Tenancy Agreement — the Tenant must also take the necessary steps under the Residential Tenancies Act 1995 (SA) to formally terminate the tenancy.

21.1   Once a Residential Tenancy Agreement has been executed, termination of the tenancy by the Landlord is governed by the Residential Tenancies Act 1995 (SA). A Landlord cannot evict a Tenant without following the correct statutory process, regardless of the grounds.

21.2   The statutory grounds and procedures for landlord-initiated termination under the Residential Tenancies Act 1995 (SA) include:

• Tenant breach of the RTA (s 80): The Landlord may serve a written breach notice on the Tenant requiring the breach to be remedied within a minimum of 7 days for non-rent breaches. If the breach is not remedied, the tenancy may be terminated.
• Non-payment of rent (s 80): The Landlord may serve a notice of termination for non-payment of rent on a minimum of 2 days' notice.
• Serious breach or irremediable breach (s 87): The Landlord may apply to SACAT for a termination order where the Tenant has committed a breach sufficiently serious to justify termination, or that is not capable of being remedied.
• Repeated breaches (s 87(1a)): Where the Tenant has been the subject of 2 or more prior breach notices for the same conduct within 12 months.
• Undue hardship (s 89): The Landlord may apply to SACAT for a termination order on the ground of undue hardship. SACAT may order compensation to the Tenant.
• Prescribed grounds at end of fixed term (ss 83, 83A): The Landlord may serve notice of termination on prescribed grounds and within prescribed notice periods.

21.3   The above is a summary only and is not exhaustive. Landlords should refer to the Residential Tenancies Act 1995 (SA) and, where necessary, seek advice from a legal practitioner or CBS.

Landlord cancellation without valid cause

21.4   Where a Landlord purports to terminate or repudiate a Residential Tenancy Agreement without following the correct statutory process or without valid grounds, the Tenant retains all rights under the Residential Tenancies Act 1995 (SA), including the right to seek reinstatement of the tenancy or compensation through SACAT.

21.5   Where a Landlord cancels a Booking or repudiates the RTA without valid cause after the Tenant has signed the RTA and paid the required fees, the Tenant is entitled to a full refund of all amounts paid to or through EzyFlats, including the Service Fee in full, with no Processing Costs deducted (see §17.2). The Landlord may also be subject to suspension or permanent removal from the Platform.

Tenant identity fraud

21.6   Where a Tenant's identity is found to be fraudulent or materially misrepresented, the Landlord may seek termination through the applicable statutory process (e.g., s 80 — where the misrepresentation constitutes a breach of the RTA; s 87 — where the breach is sufficiently serious). EzyFlats may also independently suspend or terminate the Tenant's account in accordance with §23.

22.1   Nothing in these T&Cs overrides or limits the cancellation, termination, or early-exit rights available to either party under the Residential Tenancies Act 1995 (SA).

22.2   EzyFlats maintains a separate Cancellation Policy that sets out the specific cancellation terms, notice periods, and any applicable fees. That policy should be read in conjunction with these T&Cs and the Residential Tenancies Act 1995 (SA).

22.3   Where there is any inconsistency between these T&Cs and the mandatory provisions of the Residential Tenancies Act 1995 (SA), the legislation prevails to the extent of the inconsistency.

23.1   Users may delete their accounts at any time through the Platform settings or by contacting EzyFlats support.

23.2   EzyFlats may suspend or terminate a user's access to the Platform immediately and without notice where the user has breached these T&Cs, engaged in prohibited conduct (§7), or is reasonably suspected of fraudulent or illegal activity.

23.3   Inactive accounts may be deleted after twelve (12) months of inactivity following written notice to the user.

23.4   Termination of an account does not affect rights, obligations, or liabilities that arose before termination, including any active Residential Tenancy Agreement.

23.5   EzyFlats reserves the right to withhold or delay payment of any sums owed to a user where there is a reasonable suspicion of fraudulent or abusive conduct, pending investigation.

24.1   Users must adhere to all applicable Commonwealth and South Australian laws in connection with their use of the Platform and any tenancy entered into through it.

24.2   Landlords must ensure that Properties meet the minimum housing standards required by the Residential Tenancies Act 1995 (SA) and all relevant building, health, and safety regulations.

24.3   Tenants must honour the terms of the Residential Tenancy Agreement, including timely payment of rent and proper care of the Property.

24.4   Users are solely responsible for their own tax obligations arising from rental activity conducted through the Platform, including income tax, goods and services tax (GST) where applicable, and any state land taxes.

25.1   EzyFlats makes no guarantee regarding Listing accuracy, user conduct, tenancy quality, or the successful completion of any tenancy agreement, except to the extent of the Move-In Guarantee described in §14.

25.2   EzyFlats is not liable for disputes between users, financial losses, system outages, personal injury, property damage, or legal breaches by users, except to the extent caused by EzyFlats' own negligence or wilful misconduct.

25.3   To the maximum extent permitted by law, EzyFlats' total aggregate liability to any user in connection with a Booking is limited to the total amount paid by that user for that Booking (being the first week's rent, Bond, and Service Fee). For the avoidance of doubt, EzyFlats' aggregate liability is not increased by the provision of any Additional Services, and any liability arising from Additional Services is limited to refund of the fees actually paid for those services.

25.4   EzyFlats is not liable for any indirect, consequential, special, or incidental losses or damages, including but not limited to relocation costs, temporary accommodation expenses, lost income, or emotional distress, except to the extent that such liability cannot be excluded under the ACL.

25.5   To the maximum extent permitted by law, EzyFlats excludes all warranties, express or implied, except those that cannot be excluded under the ACL or the Fair Trading Act 1987 (SA).

25.6   Nothing in these T&Cs excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL, the Fair Trading Act 1987 (SA), or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

25A.1   EzyFlats provides booking facilitation and, in respect of SA Properties, licensed letting agent services under the Land Agents Act 1994 (SA). EzyFlats does not act as a property manager for any Landlord and does not assume responsibility for property maintenance, repairs, periodic inspections, ongoing rent arrears management, or compliance with the Landlord's statutory obligations under any applicable residential tenancies or short-stay legislation.

25A.2   The Landlord remains solely responsible for maintaining the premises in good repair and responding to maintenance requests in accordance with the applicable legislation. EzyFlats may facilitate communication between Landlord and Tenant through the platform but does not thereby assume any obligation to arrange, fund, or supervise any maintenance, repair, or compliance work.

25A.3   EzyFlats does not represent the Tenant or the Landlord in any dispute between them, and does not act as legal representative or advocate for either party before any court, tribunal, or statutory authority, including SACAT, NCAT, VCAT, QCAT, or any equivalent body. Each party is responsible for arranging their own legal representation and for accessing the tenants' advisory or consumer protection services available in their state or territory.

25A.4   EzyFlats may at its sole discretion provide assistance beyond the standard scope of its services on a fee-for-service basis at its published Additional Services rate (currently AUD $200 per hour plus GST, billed in 15-minute increments with a minimum charge of 30 minutes per matter). Any such assistance does not create a representative or agency relationship between EzyFlats and the requesting party for the purposes of any proceeding.

26.1   Users agree to indemnify, defend, and hold harmless EzyFlats, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• the user's breach of these T&Cs;
• the user's violation of any applicable law;
• the user's use of the Platform;
• any dispute between users; or
• any content uploaded by the user to the Platform.

26.2   This indemnification obligation survives termination of the user's account and these T&Cs.

27.1   EzyFlats collects and handles personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles.

27.2   Users consent to the collection, use, and processing of their personal information for the purposes of Platform operation, service delivery, and improvement.

27.3   Users have rights under the Privacy Act 1988 (Cth), including the right to access and request correction of their personal information held by EzyFlats.

27.4   EzyFlats uses industry-standard security measures to protect personal information but cannot guarantee absolute security against all threats.

27.5   Users must not share, sell, or misuse personal data obtained about other users through the Platform.

27.6   By registering, users acknowledge and consent to EzyFlats using and disclosing personal information in accordance with the Privacy Act 1988 (Cth) and the Residential Tenancies Act 1995 (SA), including for the following purposes:

• communicating regarding the entry into rental agreements;
• preparing lease documents and conducting tenancy database checks with TICA, NTD, and TRA;
• allowing tradespeople to contact users for maintenance or repairs;
• lodging, claiming, and transferring bonds with CBS;
• referring matters to SACAT, courts, and statutory authorities where required;
• referring matters to collection agents or legal representatives where necessary.

27.7   Users understand that failure to provide required personal information may prevent EzyFlats from providing tenancy-related services.

28.1   All intellectual property rights in the Platform, including text, code, software, images, logos, trademarks, and design elements, are owned by or licensed to EzyFlats and are protected under Australian and international intellectual property laws.

28.2   Users may not reproduce, distribute, modify, or create derivative works from any Platform content without the prior written consent of EzyFlats.

29.1   EzyFlats reserves the right to amend these T&Cs at any time. Material changes will be notified to users by email or through the Platform with reasonable notice.

29.2   Continued use of the Platform after changes are published constitutes acceptance of the revised T&Cs.

29.3   Changes to these T&Cs do not apply retrospectively to Bookings made before the effective date of the change, unless the change is required by law.

30.1   These T&Cs are governed by the laws of South Australia and the Commonwealth of Australia.

30.2   The parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts entitled to hear appeals therefrom.

30.3   The rights and procedures available under the Residential Tenancies Act 1995 (SA), including access to SACAT, apply in addition to the dispute process set out in these T&Cs.

30.4   EzyFlats encourages all parties to attempt to resolve disputes informally by contacting the EzyFlats support team before escalating to external bodies.

31.1   If any provision of these T&Cs is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.

31.2   The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent, or severed if modification is not possible.

If you have any questions about these Terms & Conditions, please contact us:

EzyFlats Pty Ltd

ACN: 686 265 592  ·  ABN: 29 686 265 592  ·  RLA 346573

Email

contact@ezyflats.com.au

WhatsApp

Available via our support number

Location

Adelaide, South Australia