Terms and Conditions of use

This agreement is made between Trading Reference Australia Pty Ltd (TRA) formerly Tenant Reference Australia of P.O. Box 372, Rose Bay, NSW 2029 and You as the client.

WHEREAS

TRA conducts a business of information exchange between and amongst its clients. TRA and the client agree as follows:

The Client and TRA accepts the new legislation of the Residential Tenancies Act 2010 and undertakes to comply by those requirements.

  1. Upon payment of the prescribed fee the client shall have access to the TRA database and for the purpose of screening tenants.
  2. If the client chooses to display the TRA Disclosure on their website they will undertake to keep it current, therefore updating it immediately they are notified of any modifications and regularly comparing the Disclosure used to the current TRA Disclosure on the system.
  3. The client will not search on an applicant without the candidate signing the current TRA Disclosure giving permission to search and list.
  4. The client agrees to show due diligence to the tenant by searching on no less than 6 fields pertaining to the identification of the tenant and/or as many details as possible before submitting a name. This will make certain TRA's data base is kept as complete as possible and ensure there is no mistake identifying a listing, therefore protecting the tenant against misidentification and your principal by abiding by the Privacy Compliance Laws.
  5. The client agrees that wherever possible a digital copy of either/both a tenant's driver's licence, Australian or international passport or photo id will be made available to TRA for positive identification wherever possible.
  6. The client will agree to restrict listing to tenants whom owe money ie Rent Arrears, utility bills, money for damaged property etc. The client also understands that debt is the only reason a tenant can be listed on the TRA database and must have signed the lease document and TRA Disclosure on application.
  7. The client agrees to regularly update information wherever possible on listings for accuracy showing a duty of care to the tenant.
  8. The client will notify the applicant if listed and furnish the contact details of the listing agency giving the tenant right of reply.
  9. The client will send a TRA courtesy note to the tenant advising of the listing therefore providing right of reply to same.
  10. The client will undertake to remove a tenant listing and print a certificate as proof of the removal immediately the problem is resolved and will supply a copy of the Delisting Certificate to the tenant as proof of exclusion.
  11. The Client should note that one is dealing with another's reputation and will urgently attend to the enquiries as to the reason for listing, giving the individual the opportunity to resolve the problem resulting in delisting as promptly as possible.
  12. The Client will accept that inquiries of another agency regarding their TRA listing are serious, and will therefore, prioritise these communications.
  13. TRA agrees to retain information furnished until removed by the client and reserves the right to de list when and if TRA deems it necessary or according to the Residential Tenancies Act 2010.
  14. The client will not hold TRA accountable for the inaccurate keying in of information by TRA members therefore delivering an incorrect search as the client understands faults can be made within this process due to human error. It is also understood that technical failure can cause errors and the client does not hold TRA responsible for same.
  15. Information derived as a result of enquiries made by a client to TRA will not be used to determine credit worthiness.
  16. TRA is not a credit reporting business as defined by the Privacy Act 2001.
  17. The Client will not do anything to cause TRA to be in breach of TRA's privacy policy. TRA's privacy policy may be viewed at tradingreference.com/privacy. Without limitation the client will not disclose the personal information of any person to a third party unless such disclosure is permitted under  the terms of any consent obtained by TRA from the person or by the client directly from the person.
INTEGRITY OF SERVICE

 Our organisation prides itself on integrity and honesty of the database we maintain. Use of the TRA database is restricted to authorised subscribers. Any misuse of TRA facilities will result in immediate denial of access. ''Misuse'' includes but is not limited to:

(a) Providing passwords to non-subscribers.
(b) Using another user's password to gain access.
(c) Submitting false or misleading data.
(d) Redistributing tenant information for purposes other than that intended.
(e) Attempts to violate security measures.
(f) Continue to charge Owners fees for access to the TRA database upon deciding not to re subscribe to Trading Reference Australia.
(g) Use Trading Reference Australia's copyright documentation after making the decision not to rejoin or pass on any intellectual property or allow access to the TRA database to its competitors.

All search results and logins are monitored within an internal auditing system and are date-time stamped together with your IP address and account details. Any misuse of TRA facilities can be traced to your point of access origin and may lead to civil action or criminal prosecution for serious offences.

If you have any concerns about the security of TRA information please contact us