Terms & Conditions

Landmates.com.au Pty Ltd  |  Updated: 14th May 2025

1. Definitions and Interpretation

1.1 Definitions

Accident means any unforeseen event, mishap or incident that results in injury to the Tenant during the course of a Lease Agreement.

Agreement means these general terms of business and any schedules or annexures hereto.

Bankruptcy Event means the occurrence of one or more of the following events in relation to the Landlord, Tenant or Landmates:

• (a) An individual files a petition for bankruptcy under the relevant provisions of the Bankruptcy Act;
• (b) A creditor files a petition in the Federal Court or Federal Circuit Court to have an individual declared bankrupt;
• (c) A formal declaration is made by a court or the Australian Financial Security Authority that an individual is bankrupt and unable to pay their debts;
• (d) A trustee liquidator is appointed to manage the individual’s estate including their assets and financial affairs; and
• (e) An automatic stay is issued in relation to an individual.

Change of Law means the change of any State, Territory or Commonwealth law, rule or regulation, or interpretation thereof that affects this Agreement including the Services or the activities of Landmates, Landlord’s and/or Tenants in connection with this Agreement.

Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgement, accident, cost, expense, or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and involving the Tenant and the Landlord.

Confidential Information means, in relation to a party, the information and material of that party (or related person or Related Body Corporate), that is not publicly available, including the party’s: trade secrets; strategic, corporate and financial information; material and information relating to the methods of operation of the business; material and information relating to its clients and/or prospective clients; material and information relating to suppliers; sales and pricing information; marketing and business plans; software and hardware; programming information and data; Intellectual Property; and other information which is by its nature confidential.

Commencement Date means the date that You register an account with Landmates as either a Tenant or Landlord or the date on which You first access the Landmates Website whichever is first.

Community Rules means the rules applicable to all users of the Landmates’ platform, as amended from time to time.

Consequential Loss means any indirect, special, or consequential Damage including loss of amenity, lost profits, loss of data or loss of goodwill or interruption to the Services.

Corporations Act means the Corporations Act 2001 (Cth).

Damage(s) means:

• (a) any loss or damage to the Property, however, caused, that requires repair or replacement, subject to Fair Wear and Tear;
• (b) any loss or damage to third party property including motor vehicles, towing and salvage fees;
• (c) assessing fees; and
• (d) excludes pre-existing damage.

Damage Report Form means the form to be completed by the Tenant or Landlord at the request of Landmates in relation to any Damage to the Property.

Entry Condition Report means the report to be completed separately by the Tenant and the Landlord within seven (7) days of the commencement date of the lease, outlining any current and present defects in relation to the Property and to be provided to Landmates.

Exclusive Agency Agreement means the agreement entered into between the Landlord and Landmates at the time of engagement of Landmates by the Landlord and being duly executed.

Exit Condition Report means the report to be completed separately by the Tenant and the Landlord and where Landmates determines necessary, Landmates will also complete an Exit Condition Report, within seven (7) of the Expiry Date or on the termination of the Lease Agreement, outlining any current and present defects, in particular any defects which were not listed in the Entry Condition Report in relation to the Property and to be provided to Landmates.

Fair Wear and Tear means the reasonable deterioration that occurs in the Property over time, as a result of normal, everyday use during the Term.

GST means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related tax imposition acts of the Commonwealth of Australia.

Intellectual Property means an individual or entity’s inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Including, but not limited to, copyrights, patents, trademarks, trade secrets, and other intangible rights.

Invoice means the written invoice issued by Landmates to the Landlord and/or Tenant in relation to the payment of the relevant fees payable by that party.

Inspection means the visual inspection of the Property to determine its condition and any present defects or potential issues or problems that may arise in connection with the Property.

Insolvency Event means the occurrence of one or more of the following events in relation to a Landlord, Tenant, or Landmates:

• (a) a meeting has been convened, a resolution proposed or passed, a petition presented, or an order made for the winding up of that party;
• (b) a receiver and/or manager, liquidator, or court officer is appointed regarding all or any material asset of the party;
• (c) a security holder, mortgagee, or charge has taken, or attempted, or indicated an intention to exercise its rights under any security agreement by which the party is bound; or
• (d) an event in relation to the party has occurred which would make, or be deemed to make the party insolvent under any applicable law.

Landlord means the registered proprietor of the Property and having an account with Landmates.

Landmates/We/Our means Landmates.com.au Pty Ltd ACN 669 942 509 being a registered real estate corporation in the state of QLD Licence no. 4774678 and NSW Licence no. 10140195 having its registered address at 45 Hunter Street Newcastle NSW 2300.

Landmates Authority to Act means a written authorisation signed by a Landlord, authorising Landmates to manage the Landlord’s Listing.

Landlord Rules means the rights and obligations as set out in clause 5 of this Agreement and any related terms contained in the Lease Agreement or any other related terms and conditions as provided by Landmates.

Landmates Rules means this Agreement and any associated Rules/Guidelines provided by Landmates as part of this Agreement.

Lease Agreement means the relevant agreement entered into between the Landlord, Tenant and Landmates in relation to the Landlord’s provision of Property to the Tenant to house their Tiny House in exchange for the payment of Rent to the Landlord.

Lease Manager means the individual appointed by Landmates to provide the Services and manage the relevant Lease Agreement on behalf of the Landlord.

Leasing Plan means the Landmates plan as set out in clause 4.2(d).

Licensee means Sarah Johnstone as the licensee in charge. Licence number 4774677 (QLD) and 20501501 (NSW).

Listing means:

• (a) a listing by a Tenant (searching for a suitable Landlord), setting out the Tenant and the Tiny House details; or
• (b) a listing by a Landlord (searching for a suitable Tenant), setting out the Landlord and the Property details,

and published on the Landmates platform.

Listing Plan means the Landmates plan as set out in clause 4.2(e).

Property means the property being the premises described as such in the Lease Agreement and owned by the Landlord and provided to the Tenant for the Term.

Management Fees the fees payable by the Landlord as they may be, in relation to the Services and Leasing agents management of the Property provided to the Tenant and the Landlord under this Agreement by Landmates.

Management plan means the Landmates plan as set out in clause 4.2(c).

Prohibited Areas means any areas on the Property that the Tenant is excluded from accessing and as set out in the Lease Agreement and this Agreement.

Prohibited Activities means any activities the Tenant is prohibited in engaging in on the property during the Term as set out in the relevant provisions, including but not limited to any illegal conduct, being the Tenant’s conduct or any third party of the Tenant.

Related Body Corporate has the meaning as in the Corporations Act:

Where a body corporate is:

• (a) a holding company of another body corporate; or
• (b) a subsidiary of another body corporate; or
• (c) a subsidiary of a holding company of another body corporate;

the first-mentioned body and the other body are related to each other.

Rent means the fees payable by the Tenant in respect of the Lease Agreement, but excludes the Commission.

Rental Bond means the amount set out in the relevant provision of the Lease Agreement. Payable by the Tenant to Landmates prior to the Commencement Date.

Services means the services as set out in clause 4 of this Agreement.

Term means the period described as such in the Lease Agreement.

Tenant means the person or entity with a Landmates account being an owner occupier of a Tiny House and to whom the Property is or proposed to be, rented by and described as such in the Lease Agreement.

Tenant Rules means the rights and obligations as set out in clause 6 of this Agreement and any related terms contain in the Lease Agreement or any other related terms and conditions as provided by Landmates.

Tiny House means a moveable dwelling suitable for permanent residential use, with self-contained amenities and services and may operate in some cases either partially or fully off-grid.

You means the Landlord or Tenant as applicable who has set up an account on the Landmates platform.

Website means the Landmates website at https://www.Landmates.com.au/.

1.2 Interpretation

In this document:

• (a) any reference to a party includes its successors and permitted assigns;
• (b) headings are for convenience only and have no legal effect;
• (c) the singular includes the plural and vice versa;
• (d) “including” and similar words do not imply any limitation;
• (e) a reference to $ is to the Australian currency;
• (f) a reference to legislation or a legislative provision includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
• (g) if the performance of an obligation under this Agreement falls due on a weekend or public holiday day it must be performed on the next business day.

2. Landmates Website General Use

2.1 Provision of the Website

• (a) Landmates provides the Website for use by any interested parties in relation to the lease of Property for Tiny Houses.
• (b) Where a Landlord has entered into a Host plan such as the Management Plan, Leasing Plan or Listing Plan, the Landlord must pay the relevant fee to Landmates to list on the website.
• (c) The Website is free to all prospective Tenants and any Tenant wanting to put a Listing up on the Website. Landmates’ will provide the Website, and provide support in using this, arranging verification of identify as required, and ongoing support generally in relation to the use of the Website.
• (d) Where the Tenant enters into a Lease Agreement facilitated by the Landmates Website, the Tenant will pay a service fee to Landmates equal to 3% of the total rent agreed for the term of the lease. The service fee will be charged to the Tenant in addition to the rent.
• (e) Landmates are responsible for the operation and maintenance of the Website.
• (f) Landmates cannot guarantee the use of the Website will not involve some interruption or that the platform will be error fee.
• (g) If you experience technical issues with the Website, contact Landmates support (support@landmates.com.au).

2.2 Ownership of the Website and Intellectual Property

• (a) Material on the Website is the copyright of Landmates and/or other copyright owners stated.
• (b) Landmates reserves all Intellectual Property rights in the Website and any material contained in it.
• (c) Listings on the site are visible to the public, but You must sign up and have a registered account with Landmates before You can interact with a Listing including contacting a Tenant or Landlord or creating a Listing.
• (d) You must not share, upload, repost, or republish material from the Website or show any material from the Website in public.
• (e) You acknowledge and agree that you must not directly or indirectly, solicit or attempt to solicit any Tenant or Landlord on Landmates to engage with you outside of the platform/on another platform.

2.3 Registering an account

• (a) Anyone may register an account with Landmates.
• (b) By registering an account with Landmates You’re agreeing to comply with this Agreement, and any related terms and conditions, privacy policies and agreements.
• (c) Landmates reserves the right to reject any listing/profile/account at any time for any reason.

2.4 Acceptable use of the Website

• (a) You must comply with Landmates Terms and conditions, Privacy policy, guidelines and agreements.
• (b) You must comply with all copyright laws.
• (c) You must comply with the terms of the Anti-Discrimination Act 1977 (NSW), the Anti-Discrimination Act 1991 (QLD), and the Racial Discrimination Act 1975 (Cth).

2.5 User-generated content and content moderation

• (a) The user is responsible for creating their own Listing and profile, the information provided in the Listing and profile is their sole responsibility.
• (b) Landmates has the right to review and approve/reject Listings before publishing them on the Website.
• (c) Landmates has the right to make minor amendments to a user’s Listing before publishing without approval of the user including correcting a spelling/grammar error, removing explicit language etc.
• (d) Landmates has the right to approve a Listing upon it being updated to meet specified conditions.
• (e) Landmates has the right to reject any Listing/profile/account at any time for any reason.

2.6 Identity and other checks

• (a) Any person applying to have a Listing(s) authorise Landmates to verify their identity via our identity verification service provider. This will include:
  • (i) asking You to provide a form of government identification (e.g. driver’s license or passport), date of birth, address, and other information; and
  • (ii) screening against third party databases or other sources.
• (b) Landlord’s will also be requested to provide proof of ownership of the Property (Certificate of Title) and proof of a valid and current Homeowners Insurance Policy (Certificate of Currency).
• (c) While these checks are a useful screening tool, Landmates does not assume responsibility for confirmation of any person’s identity.
• (d) Landmates does not warrant that verification, and identity checks conducted by Landmates will identify past misconduct or prevent future misconduct.
• (e) Identification and other background checks of the Tenant will be provided by Landmates to the Landlord prior to them entering into the Lease Agreement.
• (f) Any other background checks may be conducted on the Landlord by Landmates at Our absolute discretion, by applying to have a listing with Landmates You agree to this term.

3. Website Liability and Indemnification

3.1 User acknowledgement of the Website terms of use

• (a) By using the Website You agree to be bound by the Terms and Conditions as set out in this document. If you do not accept these Terms and Conditions, You must refrain from using the Website.
• (b) The Website is owned and operated by Landmates.com.au Pty Ltd.

3.2 Using the Website

• (a) Landmates provides its Website to facilitate the supply of the Services, to help connect You with potential Landlords and Tenants and to provide general information and relevant content that You may be interested in.
• (b) You must not use the Website for any purpose other than its intended purpose, and must not harm the Website in any way. When using the Website You must not act fraudulently, or provide Landmates with false, inaccurate, infringing or misleading information. Parts of the Landmates’ Website may allow You to comment or submit content, and in doing so You must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.
• (c) Content on the Landmates Website is provided solely for reference purposes only. Landmates’ Website includes information for convenience as a general summary of matters current at the time of posting that may be of interest. The contents do not constitute financial and/or legal or professional advice and are not intended to be a substitute for such professional advice and should not be relied upon as such.
• (d) Landmates makes no warranties that the information published on the Website is correct. Any interested users should seek professional advice in relation to any matters that they have.
• (e) The information You provide Landmates and Your use of the Website must not:
  • (i) create liability for Landmates;
  • (ii) infringe any third party’s privacy rights;
  • (iii) infringe any third party’s copyright, patent, trademark, trade secret, Intellectual Property or other proprietary rights or rights of publicity or privacy;
  • (iv) violate any applicable laws (including those governing privacy, consumer protection, unfair competition, criminal law, racism or antidiscrimination or trade practices law); or
  • (v) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.

3.3 Intellectual Property

• (a) Unless otherwise indicated, all materials used on the Website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other Intellectual Property rights that are owned or licensed by Landmates.
• (b) You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where Landmates has provided prior written consent for such use.
• (c) Each party acknowledges and agrees that this Agreement does not transfer any Intellectual Property rights.

3.4 Liability and indemnity

• (a) Although Landmates content has been drafted with due care and diligence, the Website and content is provided “as is” and Landmates make no representations and gives no warranties or guarantees as to the suitability, accuracy or quality of the Website.
• (b) Landmates do not guarantee that the Website will be free from errors or defects, or that the Website will be accessible at all times.
• (c) Your use of the Website is at Your own risk and Landmates will not be responsible to You or any third party for any direct or Consequential Loss suffered in connection with the use of the Website.
• (d) To the maximum extent permitted by law, Landmates excludes any liability that may arise due to Your use of the Website and/or the information or materials contained on it.
• (e) You agree to indemnify and release Landmates and any related entities from and against all losses (as before mentioned) which it may incur in respect of any use of the Website, negligence, misuse of the Website, other act or omission, or any breach of these terms and conditions by You.

3.5 External links

• (a) The Landmates Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.
• (b) Unless expressly stated otherwise, Landmates do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

3.6 Updates

• (a) Landmates may change the Website Terms and Conditions at any time by updating the Landmates webpage.
• (b) Your continued use of the Website following such update will represent an agreement by You to be bound by the Website Terms and Conditions as amended.

3.7 Privacy

The Website terms and conditions also include Our Privacy Policy which can be accessed through the Landmates’ Website.

Landmates may update and amend the Privacy Policy at any time and without notice to You at Landmates’ sole discretion.

Your continued use of the Website following such update will represent an agreement by You to be bound by our Privacy Policy as amended.

4. Service Plans

4.1 Term

• (a) This Agreement commences on the Commencement Date and terminates on the date You delete your account with Landmates or at the end of the Lease Agreement (if applicable), whichever is later, unless terminated earlier in accordance with this Agreement.
• (b) The Agreement may be extended by mutual agreement in writing between the Parties, provided:
  • (i) Such agreement is made in accordance with any relevant Lease Agreement;
  • (ii) The Agreement is mutually agreed to be extended at least one month prior to the Expiry Date; and
  • (iii) Any and all outstanding amounts payable under this Agreement or any related agreements are paid in accordance with the relevant requirements.

4.2 General services

• (a) Landmates agrees that for the Term it will:
• (b) Provide an online platform that:
  • (i) Will be operated and maintained by Landmates for use by Landlords and Tenants; and
  • (ii) Provide support as to the use of the platform and general enquiries.

4.3 Host service plans

(a) Listing Plan ($249 inc. GST paid upfront)

When you sign-up to a Listing Plan, Landmates will provide the following services generally:

• (i) Facilitate the Listing of your Property on Landmates website
• (ii) Facilitate your connection with a Tenant (to the extent of enabling You to utilise the Landmates website to advertise Your Property and browse and connect with Tenants via the messaging, inspect & apply functions)
• (iii) ID verification of You (the Landlord) and all other users (including Tenants) with listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the platform via general enquiries etc.

(b) Leasing Plan ($495 inc. GST paid upfront)

When you sign-up to a Leasing Plan, Landmates will provide the following services generally:

• (i) Facilitating the Listing of the Property on the Landmates Website;
• (ii) Facilitate your connection with a Tenant (to the extent of enabling You to utilise the Landmates website to advertise Your Property and browse and connect with Tenants via the messaging, inspect & apply functions)
• (iii) ID verification of You (the Landlord) and all other users (including Tenants) with listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the platform via general enquiries
• (v) Fully managed Tenancy application process including providing all tenancy application documents, reviewing tenancy applications thoroughly screening any applicants (including a Police check, Tenancy database check, Income verification, Employment verification and multiple References), and providing a leasing recommendation to You (the Landlord)
• (vi) Note if the applicant is approved by the Landlord Landmates will not provide lease agreements or set-up/manage the lease on your behalf under this plan you will need to upgrade to a Management Plan for access to these professional leasing services by a licensed agent.

(c) Management Plan ($495 inc. GST paid upfront + 12% rental income)

When you sign-up to a Management Plan and Exclusive Agency Agreement Landmates will provide the following Services generally:

• (i) Facilitating the Listing of the Property on the Landmates Website;
• (ii) Facilitate your connection with a Tenant (to the extent of enabling You to utilise the Landmates website to advertise Your Property and browse and connect with Tenants via the messaging, inspect & apply functions)
• (iii) ID verification of You (the Landlord) and all other users (including Tenants) with listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the platform via general enquiries
• (v) Fully managed Tenancy application process including providing all tenancy application documents, reviewing tenancy applications thoroughly screening any applicants (including a Police check, Tenancy database check, Income verification, Employment verification and multiple References), and providing a leasing recommendation to You (the Landlord)
• (vi) Setting up a compliant Lease Agreement between the parties, including arranging for its execution, and facilitating the payment of the Rental Bond;
• (vii) Managing the collection of Rent from the Tenant for the Landlord and assisting in the keeping of financial records in relation to the Lease Agreement;
• (viii) Acting as a point of contact for the Landlord and the Tenant; and other associated property management services to Landlords, excluding those services set out in clause 4.11.

(d) Management + Plan ($2950 inc. GST paid upfront + 10% rental income)

When you sign-up to a Management + Plan, Landmates will provide the following services generally:

• (i) Facilitating the Listing of the Property on the Landmates Website;
• (ii) Facilitate your connection with a Tenant (to the extent of enabling You to utilise the Landmates website to advertise Your Property and browse and connect with Tenants via the messaging, inspect & apply functions)
• (iii) ID verification of You (the Landlord) and all other users (including Tenants) with listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the platform via general enquiries
• (v) Fully managed Tenancy application process including providing all tenancy application documents, reviewing tenancy applications thoroughly screening any applicants (including a Police check, Tenancy database check, Income verification, Employment verification and multiple References), and providing a leasing recommendation to You (the Landlord)
• (vi) Setting up a compliant Lease Agreement between the parties, including arranging for its execution, and facilitating the payment of the Rental Bond;
• (vii) Managing the collection of Rent from the Tenant for the Landlord and assisting in the keeping of financial records in relation to the Lease Agreement;
• (viii) Acting as a point of contact for the Landlord and the Tenant; and providing other associated property management services excluding those services set out in clause 4.11
• (ix) Providing the Approvals Package which includes: a Site plan, mapping, planning report, a site assessment and approvals pathway letter of advice from a Town Planner and a Drafted letter to council to assist in a seamless council approvals process for your hosting of the tiny home

(e) Listing curation package ($395 inc. GST paid upfront)

When you sign-up to the Listing Curation Package, Landmates will provide the following services generally:

• (i) Professional photography of your property/tiny home
• (ii) Site plans to include in listing
• (iii) Professional copywriting
• (iv) Listing created for you

(f) Approvals Package ($2950 inc. GST paid upfront)

When you sign-up to the Approvals Package, Landmates will provide the following services generally:

• (i) Professional support for assisted council approvals
• (ii) Site plan, mapping, planning report
• (iii) Site assessment and approvals pathway advice from a town planner
• (iv) Drafted letter to council

4.4 Host Fees

(a) Listing Plan ($249 inc. GST paid upfront)

• (i) Where You (the Landlord) engage Landmates for a Listing Plan You will incur an upfront fee of $249 inc. GST payable to Landmates before your listing is published. This covers advertising Your Property for rent on the Website and connecting with Tenants through the Website.

(b) Leasing Plan ($495 inc. GST)

• (i) Where You (the Landlord) engage Landmates for a Leasing Plan You will incur an upfront fee of $495 inc. GST payable to. This covers listing and connecting with Tenants and a professionally managed tenant screening and application process.

(c) Management Plan ($495 inc. GST + 12% rental income)

• (i) Where you (the Landlord) enter into a Management Plan and Exclusive Agency Agreement with Landmates (and a Lease Agreement with a Tenant), You will incur an upfront fee of $495 inc. GST payable to Landmates and ongoing Management Fees of 12% of the Rent payable by the Tenant under the Lease Agreement, (which will be automatically deducted by Landmates at the time of payment of Rent by the Tenant). This covers all services of listing and leasing plans plus professional lease set-up and ongoing management by a licensed agent.

(d) Management + Plan ($2950 inc. GST paid upfront + 10% rental income)

• (i) Where you (the Landlord) enter into a Management Plus Plan and Exclusive Agency Agreement with Landmates (and a Lease Agreement with a Tenant), You will incur an upfront fee of $2950 inc. GST payable to Landmates upfront and ongoing Management Fees of 10% of the Rent payable by the Tenant under the Lease Agreement, (which will be automatically deducted by Landmates at the time of payment of Rent by the Tenant). This covers all services of listing, leasing and management plans plus a professional approvals package with the contribution of a qualified and experienced Town planner to assist in seamless council approval process.

(e) Listing Curation ($395 inc. GST paid upfront)

• (i) Where you (the Landlord) purchase a Listing Curation Package from Landmates You will incur a fee of $395 inc. GST payable to Landmates upfront. This covers a professional, done-for-you property listing on Landmates to help you market your property effectively to secure quality tenants in a timely manner.

(f) Approvals Package ($2950 inc. GST paid upfront)

• (i) Where you (the Landlord) purchase an Approvals Package from Landmates You will incur a fee of $2950 inc. GST payable to Landmates upfront. This covers a professional approvals package with the contribution of a qualified and experienced Town planner to assist in seamless council approval process.

4.5 Upgrading your Host plan

• (i) Should You decide to upgrade to a more comprehensive Host service plan you can do this at anytime. When you upgrade you will incur the fees of the new plan you select less the amount you have already paid on your current plan.

4.6 Downgrading your Host plan

• (i) If you have a change of mind/circumstances and/or are unable to secure a suitable tenant for your property you may downgrade your plan and de-list your property at anytime. You will be eligible for a full refund of your Listing Fee ($249 inc. GST) and a refund of your Leasing Plan fees ($249 inc. GST) less any costs already incurred by Landmates on your behalf for screening of tenants (if applicable) in accordance with Clause 11.

4.7 Tenant service plans

(a) Standard Plan ($34.95 inc. GST paid upfront)

• (i) Facilitate the Listing of your land/tiny home search on Landmates
• (ii) Facilitate your connection with a Landlord (to the extent of enabling You to utilise the Landmates website to advertise Your land/tiny home search and browse and connect with Landlords via the messaging, inspect & apply functions)
• (iii) Identity verification of You (the Tenant) and all other users with Listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the Landmates platform via general enquiries

(b) Premium Plan ($295.00 inc. GST paid upfront)

• (i) Facilitate the Listing of your land/tiny home search on Landmates
• (ii) Facilitate your connection with a Landlord (to the extent of enabling You to utilise the Landmates website to advertise Your land/tiny home search and browse and connect with Landlords via the messaging, inspect & apply functions)
• (iii) Identity verification of You (the Tenant) and all other users with Listings on the site to foster a safe and trustworthy marketplace
• (iv) Providing support for use of the Landmates platform via general enquiries
• (v) A targeted search & cold outreach campaign to Landowners with properties that may be suitable for you, to find you suitable land or a tiny home for lease in a timely manner
• (vi) Fully facilitated communication with Your potential Landlord
• (vii) Fully managed leasing application process to ensure you secure a suitable lease

4.8 Tenant fees

(a) Standard Plan ($34.95 inc. GST paid upfront)

• (i) Where You (the Tenant) engage Landmates for a Listing Plan You will incur an upfront fee of $34.95 inc. GST payable to Landmates before your listing is published. This covers advertising Your tiny home/land search on the Website and connecting with Landlords through the Website.

(b) Premium Plan ($295 inc. GST paid upfront)

• (i) Where You (the Tenant) engage Landmates under a Premium Plan You will incur an upfront fee of $295 inc. GST payable to Landmates before your listing is published. This covers advertising Your tiny home/land search on the Website and connecting you with Landlords through the Website plus a targeted cold Host outreach service to find you a suitable site in a timely manner.

4.9 Upgrading your Tenant plan

• (i) Should You decide to upgrade to a more comprehensive Tenant service plan you can do this at anytime. When you upgrade you will incur the fees of the new plan you select less the amount you have already paid on your current plan.

4.10 Downgrading your Tenant plan

• (i) If you have a change of mind/circumstances and/or are unable to secure a suitable property/tiny home for lease, you may downgrade your plan and de-list your listing at anytime. You will be eligible for a full refund of your Listing Fee ($34.95 inc. GST) or a refund of your Premium plan fee ($295 inc. GST) less any costs incurred by Landmates on your behalf while undertaking targeted host outreach services (if applicable) in accordance with Clause 11.

4.11 What Landmates don’t do

• (a) Landmates does not own any of the Property’s or the Tiny Houses Listed on the Website.
• (b) You are responsible for Your own Tiny House or dwelling in the case of the Tenant and Property in the case of a Landlord.
• (c) Landmates is not a party to the Lease Agreement in any respect other than as the Lease Manager (if applicable) who will manage the Lease Agreement on behalf of the Landlord. Landmates only become the Lease Manager where engaged by the Landlord under an Exclusive Agency Agreement and upon the Landlord entering into the Management Plan.
• (d) Landmates does and cannot provide any professional advice regarding the planning laws or approvals required for Tiny Houses or building/property compliance of Tiny Houses.
• (e) You acknowledge and agree that Landmates does not guarantee that any person using the Website will find a match being either a Landlord or Tenant.

5. Landlord Terms

5.1 Registering Your account

• (a) If You register an account to be a Landlord, You accept Landmates Terms and Conditions contained in this Agreement and any terms specific to a Landlord.
• (b) It is agreed between the parties that neither party shall have the authority to enter into any agreement or make any commitments on behalf of the other party, except to the extent necessary for Landmates to satisfy the relevant requirements under this Agreement.
• (c) The Landlord agrees unless prohibited under a statutory or legislative provision, to Landmates, at their own discretion conducting background checks on the Landlord and the Landlord agrees:
  • (i) that as part of the application process to be a Landlord under the Landmates Services, Landmates is permitted to conduct background checks in relation to their criminal record;
  • (ii) request a police check dated at least six (6) months from the date of the request; and
  • (iii) provide any findings in relation to the background checks to the Tenant if requested (unless excluded by a relevant legislative provision).

5.2 Ownership of Property

• (a) You may only register and List Property if You are the legal owner of that Property.
• (b) You must provide proof of ownership of the Property (Certificate of Title) before We will publish Your Listing.

5.3 Listing Property

• (a) Prior to Landmates Listing Property on the Website You agree:
  • (i) to Landmates verifying Your identity and will provide at least one government-issued identification equal to up to 100 points of ID (if required), to allow Landmates to do so;
  • (ii) to provide proof You are the registered proprietor of the Property or where required to reimburse Landmates for any fees incurred as a result of Landmates necessary undertaking of title searches on the Property;
  • (iii) that You warrant that the Property is compliant with all applicable laws, that there are no outstanding notices in relation to the Property and that the Property is suitable for the purposes of a Tenant;
  • (iv) to provide Landmates with proof of homeowners insurance in relation to the Property; and
  • (v) You have engaged Landmates to assist in finding a suitable Tenant for the Property, the assistance provided by Landmates in finding a suitable Tenant is limited by the level at which You have engaged Landmates as set out in Clause 4.2 above. You agree and acknowledge that the level at which you have engaged Landmates is the level of Services that will be provided and where you require additional Services it is Your responsibility to contact Landmates and enter into a new agreement with the level of Services You require.
• (b) As part of Listing the Property on the Website You must provide Landmates with details of the Property including current pictures of the Property showing how a Tenant would be able to access the Property with their Tiny House, where the Tiny House can be set up, and any services available to the Tiny House.
• (c) The Landlord agrees to make the Property available for lease for a minimum continuous period as set out in Your Exclusive Agency Agreement with Landmates, where applicable.
• (d) The above-required information must be submitted to Landmates for approval before Listing on the Website. Landmates may approve or deny any application at its absolute discretion.

5.4 Property Suitability

• (a) Property should ideally be on at 1/4 acre at minimum (1+ acres is preferable) however this will be assessed by Landmates on a case-by-case;
• (b) Ideally the Property will have at a minimum, a water and sewer connection available for a Tiny House. However, water and sewer connections for the Tiny Houses are not essential as long as the Tiny House has its own off-grid toilet and grey water filtration and diversion system.
• (c) The site for the Tiny House must be level and compacted, and where possible this should be clearly defined by a site plan;
• (d) You acknowledge and warrant to Landmates that the Property is not located within a flood prone area; and
• (e) You should obtain prior approval from Your local council to put a Tiny House on the Property, and You must advise Landmates of any restrictions or obligations imposed by the local council in relation to this approval.

5.5 Public Liability

• (a) You will have coverage for public liability under Your Homeowner’s insurance.
• (b) Where You require extra peace of mind, Landmates recommends Landlords’ take out a Landlord insurance policy in addition to homeowners insurance.

5.6 Indemnity

• (a) As the Landlord You are not responsible for personal injuries that occur to the Tenant while on the Property during the Term.
• (b) Any non-compliance by the Landlord during the Term in relation to the occupancy of the Property, non-compliance with planning laws and/or other regulatory bodies is the responsibility of the Landlord.
• (c) The Landlord indemnifies Landmates in relation to any Claim or fines issued as a result of the Landlord’s failure under clause 5.6(b).
• (d) The Landlord acknowledges and agrees to sign any indemnity clauses required to be signed by Landmates in relation to Landmates liability relating to the Landlord’s personal property during the Term.

5.7 Lease Manager

• (a) In Listing on the Landmates’ Website, the Landlord agrees to enter into one of the following Service plans:
  • (i) Listing Plan
  • (ii) Leasing Plan; or
  • (iii) Management Plan;
  • (iv) Management + Plan

  Where required (when you are signed up under a Management plan) a Landlord must also enter into an Exclusive Agency Agreement with Landmates in relation to the Services.

• (b) Landmates is not officially engaged by the Landlord as a Lease Manager until a suitable Tenant is found and the relevant Lease Agreement and Exclusive Agency Agreement are duly executed.
• (c) Where a Tenant is found, Landmates will provide the Landlord with the relevant information in relation to the Tenant for their consideration. Upon receipt of such information the Landlord will:
  • (i) Ask Landmates any questions required to assess the suitability of the Tenant;
  • (ii) Answer any questions from the Tenants as provided by Landmates; and
  • (iii) Approve or reject the Tenant.

  Where the Landlord rejects a Tenant they must provide Landmates with sufficient reasons for such rejection to assist Landmates in finding an alternative Tenant acceptable to the Landlord.

• (d) Once a Landlord and Tenant have agreed to enter into a Lease Agreement in relation to a Property, the Landlord must notify Landmates and Landmates will remove your listing and accordingly issue the relevant agreement for execution by the parties (subject to our engagement with you under the Management plan and Exclusive agency agreement).
• (e) Landmates will deduct the Management Fees from the Rent for the Term.
• (f) The Management Fees will vary from 10-12% depending on which Management plan the Landlord has selected (the standard Management plan is 12%).
• (g) Landmates will be available to the Landlord between the hours of 9 am and 5 pm on Business Days, to assist with any questions the Landlord has and in resolving any issues that have arisen during the Term.

5.8 Compliance and obligations

• (a) The Landlord must:
  • (i) allow Landmates to undertake an Inspection of the Property where Landmates requests to do so;
  • (ii) ensure that the Property is fit for its intended purpose of providing a site for a Tiny House and that the Property is free from rubbish and is in a good condition;
  • (iii) make the Property available to the Tenant for the duration of the Term;
  • (iv) follow the branding guidelines of Landmates when required to do so; and
  • (v) acknowledge and agree that they will not directly or indirectly, solicit or attempt to solicit any Tenant provided by Landmates or seek payments directly from the Tenant.
• (b) Landlord’s are solely responsible for understanding and complying with the laws in the jurisdiction of the Property. Some jurisdictions may require registration and certain licensing and permits in connection with the offering of the Property for lease by Tenants with Tiny Houses. The Landlord is solely responsible for such compliance.
• (c) The Landlord represents and warrants that any Listing posted on the Website and any subsequent Lease Agreement and lease of the Property:
  • (i) Will not breach any agreements with any third party, such as a lease or rental agreement;
  • (ii) Will comply with all applicable laws, tax requirements and rules and regulations that may apply to the Property; and
  • (iii) Will not conflict with the rights of any third party.
• (d) Landmates assumes no responsibility for the Landlord’s compliance with any agreements or duties to any third parties, or applicable laws, rules and regulations.
• (e) For the avoidance of doubt, where Landmates accepts an individual’s application to register an account with Landmates, or permits a Property to be Listed on the Website, this does not constitute a belief that the Property is compliant with any or all third party agreements, or laws, rules, and regulations.
• (f) The Landlord in conjunction with the Tenant must prior to the Commencement Date complete the Entry Condition Report.
• (g) During the Term the Landlord must be reasonably available to the Tenant to assist in answering any questions and resolving any issues that may arise during the Term.
• (h) At the expiry of the Term the Landlord must:
  • (i) Complete the Exit Condition Report with the Tenant;
  • (ii) Review and agree with the Tenant on any Damage caused during the Term; and
  • (iii) Notify Landmates of any Damage caused to the Property and the cause of such Damage.
• (i) Where any Damage has been caused to the Property during the Term or if there are any other issues raised by the Landlord as to the Tenant’s obligations, or any dispute between the Tenant and the Landlord, these must be reported to Landmates within 48 hours of such issue arising.

6. Tenant terms

6.1 Compliance with Tenant Rules

• (a) These terms and conditions shall govern any and all of the conduct in relation to the Tenant and Landmates including but not limited to any lease agreement entered into by the Tenant. There may be additional terms and conditions that apply to a Tenant including policies that are set out by the applicable Landlord that owns the Property.
• (b) By entering into this Agreement, You agree to receive communications from Landmates, including via email, text message, calls and push notifications.
• (c) A Tenant’s ability to enter into any agreement to lease with the Landlord and Landmates is subject to:
  • (i) Availability of suitable Property; and
  • (ii) Payment of all fees and charges incurred by Landmates in relation to the Services provided to the Tenant.
• (d) A Tenant will be permitted to undertake an Inspection of the Property prior to signing a Lease Agreement.
• (e) A Lease Agreement is not confirmed until the Tenant has received written confirmation from Landmates and a copy of the fully executed Lease Agreement.
• (f) The Tenant agrees to comply with all applicable Landmates rules and applicable laws, rules, regulations and local ordinances in connection with the use of the Property.
• (g) The Tenant acknowledges that any violation of any terms or conditions applicable to the Tenant may result in the cancellation of the Lease Agreement, or in the forfeiture of any monies paid to Landmates in relation to such agreement.
• (h) The Tenant authorises Landmates to debit or charge the Tenant’s nominated account for any costs incurred by Landmates as a result of a violation.
• (i) Where a Tenant is connected to a Landlord and the parties agree to enter into a Lease Agreement, the Tenant must perform any necessary tasks in relation to fulfilling their obligations under the Lease Agreement.

6.2 Property condition

• (a) The Tenant is responsible for leaving the Property in the condition it was in when the Tenant arrived less fair wear and tear.
• (b) The Tenant acknowledges and agrees that they are responsible for:
  • (i) Their acts and omissions in connection with any Property; and
  • (ii) The acts and omissions of any third parties to whom they provide access to the Property, including but not limited to any guests or invitees of the Tenant.

6.3 Access to Property

• (a) The Tenant is permitted access to the Property for the Term and shall not be considered to convey any ownership interest or any right of access in and to the Property beyond the Term.
• (b) The Tenant acknowledges and agrees that they have no, and will obtain no rights in, or to, any Property and the Tenant represents and warrants that:
  • (i) They will not exceed the Term without the Landlords and Landmates prior written consent; and
  • (ii) They will not assert or attempt to assert any ownership interest in any Property arising from or related to the Lease Agreement.

6.4 ID verification

• (a) The Tenant agrees to provide at least one government issued identification documents equal to up to 100 points of ID (if required) to Landmates to allow for the verification of their identity.

6.5 Background check (criminal history)

• (a) The Tenant agrees that as part of the application process to be a Tenant under the Landmates Services, Landmates is permitted to:
  • (i) conduct background checks in relation to their criminal record;
  • (ii) request a police check from the Tenant dated at least 6 months from the date of the request; and
  • (iii) request a copy of their financial statements including the Tenants last three payslips.
  • (iv) Conduct a tenancy check against the national tenancy database
• (b) Where the Tenant requests and as permitted by law, Landmates will conduct a background and criminal record check on the Landlord and provide the findings of such enquiries to the Tenant. The Tenant agrees, where this is requested that the Tenant will be liable for any fees incurred by Landmates in carrying out these checks and these will be advised at the time that the Tenant makes the request.

6.6 Claims

• (a) The Tenant is responsible for paying any Damages they have personally caused to the property be it intentional or accidental as well as insurance deductibles, fees, expenses, liens and fines arising out of the Tenants use or occupation of the Property.
• (b) Tenant acknowledges and agrees to sign any indemnity clauses required to be signed by Landmates in relation to Landmates and Landlord’s liability relating to the Tenants’ property (Tenants tiny house and personal belongings) during the Term. For clarity Landmates and the Landlord are not liable for any damages to the Tenants property and/or belongings.

6.7 Tenant account

• (a) In order to be afforded the rights and obligation of a Tenant under this Agreement, You must register an account with Landmates.
• (b) In registering an account with Landmates You acknowledge and agree:
  • (i) To provide true, accurate, current and complete information to Landmates;
  • (ii) To maintain and promptly update Your account to keep it accurate and current;
  • (iii) You warrant to Landmates and the Landlord as the case may be:
    • (A) that You are at least 18 years old;
    • (B) are legally authorised to enter into binding contracts; and
    • (C) not a person barred from using the Landmates materials, Services, or Website.
  • (iv) You are responsible for all activities that occur under Your Account and You agree that You shall monitor the account to restrict use by third parties and you accept full responsibility for any unauthorised use of the Landmates materials, Services, or Website.
  • (v) You will not share the account or password with anyone and You agree to notify Landmates immediately if any authorised use of the account or breach of security occurs.
  • (vi) If You do provide any information that is untrue, inaccurate, or not current, or Landmates has reasonable grounds to suspect that You have, Landmates may, at their discretion, suspend or terminate Your account.
  • (vii) You will not create an account using false identity or information or on behalf of someone else.
• (c) You will consent to complete a tenancy application, sign a Lease Agreement, and pay a Rental Bond once You find a suitable Property on which to locate Your Tiny House.
• (d) You agree to attend to pay the Rent set out in the Lease Agreement and any service fees to Landmates as set out in clause 7 for the duration of the Term or any related agreements.

6.8 Indemnity

• (a) The Tenant hereby agrees to indemnify and hold harmless Landmates, its parents, subsidiaries, affiliates, officers, liabilities and expenses relating to or arising out of:
  • (i) The Tenant’s content;
  • (ii) The Tenant’s use of, or inability to use the Landmates materials;
  • (iii) The Tenant’s violation of this Agreement;
  • (iv) The Tenant’s violation of any rights of another party including the Landlord;
  • (v) The Tenant’s violation of any application laws, rules or regulations;
  • (vi) The Tenant’s interaction with any other user of the Website; and
  • (vii) The use, condition or rental of a Property by the Tenant, including but not limited to any injuries, losses or Damages of any kind arising in connection with or as a result of the Lease Agreement.
• (b) Landmates may provide documentation relevant to the ownership of a Tiny House in relation to compliance requirements for a Tiny House. However, the Tenant acknowledges and agrees that Landmates is under no obligation to provide such information. Where Landmates does provide any information to a Tenant regarding a Tiny House, this information does not constitute legal advice must not be relied on in any such way, the Tenant should only enter into a Lease Agreement where they are relying on their own enquiries relating to the suitability of a Tiny House for its intended purpose.
• (c) Landmates will determine whether or not to provide this information at their absolute discretion.
• (d) Landmates may request that a Tenant provides Landmates with evidence of the following, as part of the lease application and prior to the execution of a Lease Agreement:
  • (i) the Tiny House being fitted with the necessary fire safety equipment;
  • (ii) The Tiny House having all structural, fire, electrical and plumbing certificates’
  • (iii) the Tiny House having any necessary plumbing; and
  • (iv) The tiny house being built onto a road registered trailer and this registration being maintained’

  You agree and acknowledge that Landmates is not required to request this information and may only do this at their discretion.

• (e) You agree and Warrant to Landmates that You will undertake regular reviews of property/building safety and compliance regulations relating to tiny houses and maintain the Tiny House accordingly. These regulation include but are not limited to; minimum housing standards, smoke alarm legislation, utilities legislation and other applicable legislation. These reviews are in no way the responsibility of Landmates or the Landlord and You agree to indemnify and keep indemnified the Landlord, Landmates and the Lease Manager against any Claim or liability arising in relation to this.
• (f) Landmates may at their absolute discretion provide a Tenant with tools and support relating to the maintenance and compliance of a Tiny House such as:
  • (i) a Tenant portal/app; or
  • (ii) inspection software; or
  • (iii) Information resources on property/building compliance in their states including but not limited to minimum housing standards, smoke alarm legislation, utilities legislation and other applicable legislation.
• (g) Where Landmates does not provide this to a Tenant the Tenant will be responsible for sourcing these tools and support themselves.
• (h) Landmates may as part of the Lease Agreement require Tenants to conduct these checks and provide up-to-date reports at regular intervals throughout the Term and provide this evidence to Landmates. Where a Tenant refuses to comply with a request by Landmates for the said report, this will constitute a breach of the Lease Agreement and Landmates will serve a notice of breach providing 21 days for the Tenant to comply and the continued breach may result in Landmates terminating the Lease and requiring the Tenant to vacate the Property.
• (i) Where a Lease Agreement is terminated under clause 6.8(h), the Tenant will be responsible for all costs as set out in clause 11 and in addition they may also be liable for additional costs incurred by Landmates as a result of such breach.
• (j) Where Landmates determines or is notified by a relevant government body or authority, that a Tiny House is non-compliant, Landmates will serve a breach notice on the Tenant outlining the required action to rectify such non-compliance. Where a Tenant fails to rectify such breach within 21 days of the notice or within some other timeframe as given by the government body or agreed in writing between the parties, this will constitute grounds for termination of the Lease and the terms set out in clause 11 and clause 6.8(i) apply.
• (k) For the avoidance of doubt, Landmates is not required to monitor or manage the compliance of a Tiny House but may do so in Our absolute discretion.
• (l) The Tenant agrees that the provisions of this section and clause 10 will survive the termination of the Tenant’s account, this Agreement or Lease Agreement.

7. Payment

7.1 Authorisation of Landmates to accept Rent

• (a) Where the Landlord has engaged Landmates under an Exclusive Agency Agreement and Management Plan as the Lease Manager, the Landlord authorises Landmates to collect Rent from the Tenant on behalf of the Landlord and to deduct the Management Fees payable by the Landlord from each Rent payment.

7.2 Fees payable by the Tenant upon confirmation of execution of a lease

• (a) Upon confirmation of the execution of the Lease Agreement the Tenant will pay to Landmates:
  • (i) the Rental Bond, being an amount equal to a months rent, or as determined by the Landlord;
  • (ii) the first month’s Rent, or such amount as determined by the Landlord; and
• (b) The Rental Bond will be released to the Tenant within 48 hours of the expiry of the Term, subject to there being no extension and there being no Damage to the Property and no breach of the Tenants obligations under this Agreement, the Lease Agreement, or other such agreement as entered into between the Tenant and Landmates.

7.3 GST

• (a) Unless expressly stated otherwise, all amounts specified in this Agreement are GST exclusive.
• (b) If GST is payable on an amount payable, in connection with this Agreement, the party must pay GST in addition to the amount.

8. Confidential Information

8.1 Each party:

• (a) Except as permitted under this Agreement, must keep all Confidential Information of the other parties to this Agreement confidential;
• (b) May use the Confidential Information of the other party solely for the purposes of this Agreement; and
• (c) May disclose the Confidential Information of the other party only:
  • (i) With the prior written approval of the other party;
  • (ii) To officers, employees and consultants or advisers of the party or its Related Bodies Corporate (including but not limited to the party’s insurers, insurance brokers and bankers) who:
    • (A) Are aware and agree that the Confidential Information must be kept confidential; and
    • (B) Either have a need to know (and only to the extent that each has a need to know); or
  • (iii) As required to be disclosed by law or any order of any court, tribunal, authority regulatory body.
• (d) Must notify the other party immediately once it becomes aware of any breach of confidentiality and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.

9. Warranties

9.1 Each party warrants that:

• (a) It has the power and authority to enter into and perform its obligations under this Agreement and the execution of the Lease Agreement and Exclusive Agency Agreement and it has been duly and validly authorised by all necessary corporation action;
• (b) Its obligations under this Agreement are valid, binding and enforceable against it in accordance with their terms;
• (c) This Agreement and its performance do not contravene its constituent documents or any law, or any of its obligations or undertaking by which it is bound, or cause a limitation on its powers of its corporate officers to be exceeded;
• (d) It has the resources, skills, knowledge and abilities necessary to perform its obligations under this Agreement; and
• (e) To its knowledge, no litigation, arbitration, mediation, conciliation or administrative proceedings is taking place, pending, or threatened, whose outcome is likely to have a material adverse effect on its ability to perform its obligations under this Agreement.

10. Liability and indemnity

10.1 Indemnity

• (a) You acknowledge and indemnify and agree to keep indemnified, to the extent permitted by law, Landmates against any loss, Claim, Damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) in connection with the enforcement of this Agreement or arising directly indirectly as a result of a breach by the indemnifying party of its obligations or of any warranties or representations given under this Agreement, including any action brought by any third party against a party to this Agreement, as result directly or indirectly of such breach.
• (b) Other than in respect of a breach of clause 4, Landmates will not be liable for any indirect or Consequential Loss, loss of profits, loss of revenue, loss of goodwill, exemplary Damages, or punitive Damages arising in any way out of this Agreement however, caused.
• (c) You acknowledge and agree that Landmates are not liable and You agree not to seek to hold Landmates liable for the conduct of any third party, including any operators of external sites, and that the risk of damage from such third parties rests entirely with You.

10.2 Tiny House liability

• (a) Each Tenant is solely responsible for ensuring that their Tiny House is compliant with any property or building requirements applicable to the Property and the Tiny House.
• (b) The Tenant acknowledges and agrees that Landmates, their Lease Manager and their Landlord are in no way responsible for the compliance of a Tiny House and the Tenant agrees to indemnify Landmates, their Lease Manager and the Landlord against any Claim or Damage arising as a result of a Tiny House being or becoming non-compliant in any way.
• (c) The Lease Agreement and this Agreement relate solely to the lease of the Property, not a Tiny House, and Landmates does not make any warranty as to a Tenant’s Tiny House.
• (d) You acknowledge and agree that the role of Landmates is purely for the provision of the Property and the management of the Property and Lease Agreement. For the avoidance of doubt the Tiny House is owned, occupied and managed by the Tenant alone.

11. Termination

11.1 Termination by Landmates

• (a) Landmates may terminate this Agreement and any provisions of the Services with You, with immediate effect by written notice to the Landlord if:
  • (i) The Landlord breaches any material term of this Agreement capable of remedy and fails to remedy the breach within 14 days after receiving a notice requiring it to do so;
  • (ii) The Landlord breaches any material term of this Agreement not capable of remedy in Landmates’ reasonable opinion;
  • (iii) The Landlord breaches any term of this Agreement more than once and within 7 days of written notice requiring it to do so, fails to satisfy Landmates that a breach of that term will not reoccur;
  • (iv) The Landlord is:
    • (A) Subject to any form of Insolvency Event; or
    • (B) Bankrupt, as that term is defined in the Bankruptcy Act 1966 (Cth).
• (b) Termination of this Agreement will not affect any right or remedies a party may have as at the date of termination, unless expressly provided in this Agreement or such termination is due to the breach of the conditions of this Agreement by that party.

11.2 Termination by the Tenant

• (a) An application to be connected with a Landlord is deemed as cancelled where the Tenant notifies Landmates in writing that they are no longer wanting to proceed with an application where applicable. For clarity You are not required to terminate an account, to cancel an application with Landmates.
• (b) Where the Tenant does not respond to Landmates for a period exceeding 48 hours, or indicates to Landmates that they are not proceeding with the Lease Agreement, or at Landmates discretion, Landmates may terminate the Agreement on the Tenant’s behalf.
• (c) Where the Tenant has signed the Lease Agreement but prior to the Commencement Date:
  • (i) The Tenant may terminate the Lease Agreement without penalty and receive a full refund of any fees paid, provided they notify Landmates up to 31 days prior to the Commencement Date; or
  • (ii) Where the Tenant wishes to terminate the Lease Agreement within thirty-one (31) days but at least fourteen (14) days prior to the Commencement Date the Tenant will forfeit 50% of any fees payable at that point which includes the first month’s Rent or such amount as provided in the Lease Agreement to be paid in advance, the Service Fee and any Rental Bond paid; or
  • (iii) Where the Tenant wishes to terminate the Lease Agreement within thirteen (13) days from the Commencement Date, the Tenant forfeits the full amount payable which includes the first month’s Rent or such amount as provided in the Lease Agreement to be paid in advance, the Service Fee and Rental Bond paid.

11.3 Termination by the Landlord

• (a) An application to be connected with a Tenant is deemed as cancelled where the Landlord in writing notifies Landmates that they are no longer wanting to proceed with Hosting.
• (b) Where the Landlord does not respond to Landmates for a period exceeding 48 hours, or indicates to Landmates that they are not proceeding with the Lease Agreement, or at Landmates discretion, Landmates may terminate the Agreement on the Landlord’s behalf.
• (c) Where the Landlord terminates this Agreement having already signed the Lease Agreement but prior to the Commencement Date:
  • (i) The terms set out in clause 11.2(b) apply; and
  • (ii) Any funds provided to the Landlord by Landmates from the Tenant set-out in clause 7.2 (Fees payable by the Tenant upon confirmation of execution of a lease) must be repaid in full within 24 hours of notice of termination by the Landlord.
• (d) Where a Landlord is not provided with a suitable Tenant or chooses not to sign on with a Tenant, the provisions of clause 4.4(h) apply.
• (e) In addition to these provisions:
  • (i) where a Landlord terminates the Agreement more than fourteen (14) before the Commencement Date of an Executed Lease Agreement, Landmates will charge $100.00 plus GST to the Landlord; or
  • (ii) where a Landlord terminates the Agreement less than fourteen (14) before the Commencement Date of an Executed Lease Agreement, Landmates will charge $150.00 plus GST to the Landlord.

11.4 Expiry or termination of the Agreement

• (a) Upon the expiry or termination of this Agreement each party must immediately:
  • (i) Deliver, return, or otherwise facilitate the delivery or return of any Confidential information and any other property owned by another party in its possession;
  • (ii) Cease to use the Intellectual Property of any party; and
  • (iii) Cease to represent directly or indirectly that it is associated with a party to this Agreement.

12. Suspension

12.1 Penalty for late termination

• (a) If the Landlord terminates the Agreement after execution of the Lease Agreement, but prior to the Commencement Date, the Landlord will incur the termination fees listed in clause 11.3 and where applicable any other fees payable in relation to changing the Landlord’s Service Plan by the Landlord. Landmates may deactivate and ban the Landlords account and the Landlord will not be permitted to use the website again.
• (b) Where the Landlord terminates the Agreement less than 14 days from the Commencement Date, the Landlord will incur termination fees outlined in clause 11.3 and any other fees payable in relation to the change in their service plan (where applicable). Landmates reserves the right to suspend or deactivate the Landlord’s account, Landmates may also ban the Landlord from using the Landmates Website or platform in future.
• (c) Where the Landlord terminates the Agreement three or more times with less than 14 days’ notice from the Commencement Date, Landmates may deactivate the Landlord’s listing and/or account and the provisions of clause 12.1(b) above apply.
• (d) If at any time the Landlord owes Landmates any funds from a previous, or a current Lease Agreement Landmates reserves the following rights:
  • (i) Deduct the balance of the amount outstanding from any future Rent paid by the Tenant or from the Landlords account, where applicable;
  • (ii) Suspend the Landlords Listing;
  • (iii) If not paid back to Landmates within 30 days and no other written agreement is in place in relation to the repayment of the outstanding funds, pass the Landlord’s debt to a collection agency at the cost of the Landlord.
  • (iv) Landmates reserves the right to suspend or deactivate the Landlords account and ban the Landlord from using the Website in the future at their absolute discretion.

12.2 Reinstatement of account

• (a) Where the Landlord’s Listing or account is suspended or deactivated, Landmates in its sole discretion may waive the operation of clause 12.1 above.
• (b) Landmates may at its sole discretion reinstate a Landlord’s Listing or account.

13. Dispute resolution

• (a) Where a dispute arises, a party must not commence any court proceedings, to the extent permitted by law, in respect of a dispute in connection with the Agreement until it has complied with the terms of this clause.
• (b) Where the Landlord and/or the Tenant claims that a dispute has arisen between themselves and the Tenant and/or Landlord as the case may be, the Landlord/Tenant must notify the other party and Landmates in writing giving details of the dispute.
• (c) Where the Landlord or the Tenant claims that a dispute has arisen between themselves and Landmates, the Landlord or the Tenant must notify Landmates in writing giving details of the dispute.
• (d) Within 14 days of such notice each party must:
  • (i) Nominate in writing a representative of that party authorised to settle the dispute on its behalf; and
  • (ii) Use its best endeavours to resolve the dispute.
• (e) If the parties are unable to resolve the dispute within 30 days they must appoint a mediator and agree to the terms upon which the mediator is to mediate the Dispute.
• (f) If the parties are unable to agree on a mediator or the terms of the mediation, refer the dispute for mediation to a mediator nominated by the then-current President of the Law Society of the relevant state, or the then-current President of the Law Society of the relevant state as determined by Landmates on a case by case basis and the parties must thereafter mediate the dispute.
• (g) Each party must bear its own costs of resolving the dispute under this clause and unless the parties otherwise agree in writing, the parties are to bear equally the costs of any mediator engaged for the purposes of this clause.

14. General Terms

14.1 Parties Conduct

• (a) Each party acknowledges and agrees that it will not do anything which could give rise to a Claim against the other party for loss or Damage from any person including by:
  • (i) Making misleading or deceptive or untrue statements;
  • (ii) Acting unconscionably or unfairly; or
  • (iii) Acting in a manner which brings the reputation of the other party into disrepute.

14.2 Relationship of parties

To the extent permitted by law, this Agreement does not constitute that the parties Landmates and the Landlord or Tenant to constitute a partnership, joint venture or any other form of association in which any party may be liable for the acts or omissions of another and no party has authority to pledge the credit of another.

14.3 Notices

• (a) Notices must be given to the parties’ addresses as advised by each party in writing must be delivered in person or sent by email or prepaid post.
• (b) Notices will be deemed to have been received:
  • (i) if delivered in person — on the date of delivery; or
  • (ii) if delivered by email – at the time the email is delivered; or
  • (iii) if sent by prepaid post — three business days after posting (five business days if sent to or from a place outside of Australia).

14.4 Variations to this Agreement

Any variation or replacement of this Agreement must be done by Landmates, You warrant and agree that You have no right to any variation to this Agreement. Where Landmates varies the Agreement, such variation will be in writing and made available to the parties via the website terms and conditions page.

14.5 Entire Agreement

This Agreement contains the entire agreement between the parties as to its subject matter and may only be amended in writing by Landmates.

14.6 No waiver

No delay or indulgence by a party in enforcing this Agreement will prejudice or restrict the rights of that party, nor will a waiver of those rights operate as a waiver of a subsequent breach.

14.7 Law and Jurisdiction

This Agreement is governed by the laws of the state where the Property is, in Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.

14.8 Severability

If any provision of this Agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.

14.9 No disadvantage to party preparing section

No part of this Agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.

14.10 Enforceability

This Agreement and the terms and conditions contained herein shall be binding and enforceable upon You regardless of whether it is signed by any parties.