TICA - Australia's Largest Tenancy Database

TICA Data Solutions Pty Ltd (herein referred to as TICA) software is a default tenancy control system that allows members to share information. The system allows its members to lodge information onto the database and to enquire on information that may be listed on our databases. The members of TICA agree that the database and any information contained in such database will only be used for the purposes for which such information was provided. The members further agree that all information provided to TICA by members making enquiries and members listing information is tenancy information and therefore such information can only be used in verifying a tenancy application.

The use of the TICA system and membership to TICA is available to members under the policies of TICA. These policies have been developed to protect the integrity of TICA, the TICA system and the members who use such information and individuals who have their personal information listed on the databases.

TICA complies with the Australian Privacy Principles and it is a condition of membership that all members must abide by the Australian Privacy Principles. Any member found not abiding by the Australian Privacy Principles may be suspended depending on the circumstances. Members need to be confident that the information they receive is accurate complete and up to date.

Whilst these policies have been developed for members, TICA reserves the right to change these policies from time to time when it deems necessary or as required by law. In the event that such policies change members will be advised by TICA.

Membership to TICA's Gold Tenant Screening Services is only available to Real Estate Agents, Caravan Parks, Residential Unit Managers, Hotels, Motels, Boarding Houses, Storage Companies, Insurance Companies (Landlord Insurance only), Landlords and Marinas.

The member agrees

That they are able to substantiate the information recorded about an individual on the databases.

That they will abide by the Australian Privacy Principles.

That the information recorded on the database is accurate complete and up to date.

That any information recorded on the database will be updated by the member, in the event of any changes to such information recorded so that the databases remain accurate complete and up to date.

To supply TICA with any information that may be required by TICA in the event of an investigation by TICA on any listing made on the database or enquiry made on the database. Such information will include but not be limited to copies of a tenancy agreement, tenancy application forms, tenancy history ledger, tribunal notices and invoices for repairs.

That TICA will suspend membership of any member that knowingly uses or lists false or misleading information or information that is not accurate complete and up to date about an individual on the database. Furthermore no refund of any unused membership fee shall be applicable in such event.

That TICA will not issue any refund in relation to any gold or silver membership. This policy does not exclude a persons right under Australian consumer law.

That TICA is required to carry out random checks on listings made on the database and enquiries made on the database. Furthermore the member will provide TICA with the information required by TICA to prove the accuracy of the information recorded as in accordance with point 5 above.

To comply with the conditions of membership as contained in the membership agreement.

10.

That membership to TICA may be suspended in the event that a member provides its identification number and password to another individual or company.
Furthermore, TICA may exercise any of its rights at law for misuse of its systems or extracting data. No data migration is allowed without the written consent of TICA.

11.

To co-operate with other members who make enquiries about information contained within the database.

12.

To amend any record listed on the databases by a member that has been found to be inaccurate, incomplete and not up to date.

13.

That TICA, reserves the right to remove any information that it discovers to be untrue, inaccurate, incomplete, not up to date, offensive, or in breach of any State or Federal legislation that may be in place.

14.

That they will not enter into arrangements with a tenant that may involve TICA or the TICA system without the prior written consent of TICA.

15.

That notwithstanding the fact that all the information contained within the database is the property of the listing member such information is subject to the policies of TICA.

16.

That TICA will not be used as a blackmailing tool.

17.

Membership to TICA is on an individual office basis. Any company, organisation or partnership with multiple offices and these offices offer or advertise property management services then each site office must have their own separate membership to TICA. i.e. membership to TICA cannot be shared between offices.

18.

That the member will adhere to the Competition and Consumer Act 2010 and the Federal Privacy Act.

19.

That TICA will cancel membership in the event that it is discovered that the membership does not fall into a category of members as defined under Membership of TICA on the TICA web site.

20.

That the member will notify TICA of the sale of a rent roll or business and advise TICA of the purchasers details. Furthermore the member will provide any purchaser of such business and or rent roll sufficient details on any tenants that the member may have listed on the database.

21.

That the member will not provide to any person or corporation a copy of any report that may be printed from the TICA web site.

22.

That the member will not list any individual on the database who is an approved occupant only. In the event that TICA discovers that an individual is an approved occupant only TICA will remove such listing.

23.

That the member will complete sufficient details in the database when listing an individual so that the member can easily identify the individual and the property listed for if such individual contacted the listing member thus making the listing accurate complete and up to date.

24.

The member must amend any record at the time of such record changing so that the record remains accurate complete and up to date.

25.

The member must provide at least two identifying features on an individual being a minimum of name and date of birth.

26.

The member must have some form of a signed acknowledgment from an individual before enquiring on that individual on the database.

27.

The member agrees to receive all correspondence from TICA via post, email and fax. Should the member and its staff members no longer wish to receive correspondence from TICA they are to contact TICA so they can be added to TICA's Do Not Send List.

28.

The member must advise individuals in writing that a listing has been made such advice must be sent to the individuals last known address.

29.

The inclusion of advertisements, pointers and hyper links to other web sites operated by third parties are not under the control or responsibility of TICA. In connecting to such web sites, you leave the web site of TICA and proceed at your own risk. A display of advertising does not imply an endorsement or recommendation by TICA.

Definition of Members

Gold Membership

The following is a definition of what TICA will accept as Gold Members. If a membership does not fall into one of the below definitions it is not a valid membership and when discovered by TICA will be cancelled as per policy number 19 of our policies as advertised in the tenant checking system on our website.

Real Estate Agents

A person, company or organisation that operates a real estate agency and collects a fee or commission for services rendered and advertises itself to be a real estate agent and is licensed under the relevant state legislation as a real estate agent.

Resident Unit Manager

A person company or organisation that operates as an onsite manager and collects a fee or commission for services rendered and advertises itself to be an onsite manager and is licensed under the relevant state legislation as an onsite manager.

Caravan Parks

A person company or organisation that operates as a caravan park and collects rent for themselves or as a manager on behalf of the caravan park owners and advertises itself to be a caravan park and is licensed under the relevant state legislation as a caravan park.

Hotels

A person company or organisation that operates a hotel and collects money for services rendered and advertises itself to be a hotel and is licensed under the relevant state legislation a hotel and complies with the Inn Keepers Act.

Motels

A person company or organisation that operates a motel and collects money for services rendered and advertises itself to be a motel and is licensed under the relevant state legislation as a motel and complies with the Inn Keepers Act.

Boarding Houses

A person company or organisation that operates a boarding house and collects money for services rendered and advertises itself to be a boarding house and is licensed under the relevant state legislation as a boarding house.

Storage Companies

A person company or organisation that operates a storage facility and collects money for services rendered and advertises itself to be a storage facility and is licensed under the relevant state legislation as a storage facility and includes container storage, shed storage, yard storage and lock up storage units.

Insurance Companies (Landlord Insurance Only)

A person company or organisation that offers a Landlord Insurance Policy for landlords to protect themselves from defaulting tenants.

Marinas

A person company or organisation that operates a Marina for vessels to berth and collects money for services rendered and advertises itself to be a marina and is licensed under the relevant state legislation as a marina.

Project Developers

A person company or organisation that operates as a project developer and builds buildings where they either offer the building for rent and or sell the management rights to third parties to act as on site managers or resident unit managers with the resident unit manager then taking over the membership or in the case of multiple complexes taking up their own membership.

Shopping Centres

A person company or organisation that operates a shopping centre and collects a money for rent and or services rendered and advertises itself to be a shopping centre and is licensed under the relevant state legislation as a shopping centre.

Silver Membership

The following is a definition of what TICA will accept as Silver Members. If a membership does not fall into one of the below definitions, it is not a valid membership and when discovered by TICA will be cancelled as per policy number 19 of our policies as advertised in the tenant checking system on our website.

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

A person company or organisation that operates a boarding house and collects money for rent and services rendered and advertises itself to be a boarding house and is licensed under the relevant state legislation as a boarding house.

Landlords

A person company or organisation that operates as a private landlord and collects rent for their properties.

Government Departments & Community Group Membership

The following is a definition of what TICA will accept as Government Departments & Community Group Members. This membership has been designed and offered to this category as it leaves no footprint when enquiries are made so that a person searched by this category of member cannot be searched by any TICA member. If a membership does not fall into one of the below definitions it is not a valid membership and when discovered by TICA will be cancelled as per policy number 19 of our policies as advertised in the tenant checking system on our website.

Community Groups

A person, company or organisation that operates a service offering short or long term affordable housing, emergency housing, crisis housing and or is associated with government subsidy schemes as a community group. TICA also deems any non for profit group or charity group as a community group.

Local Councils

A local council that owns and offers properties for rent and wants to use TICA to verify tenants they may rent their properties to.

Department of Housing

A Government Department that owns and offers properties for rent and needs to check if an individual is listed on the database before offering them government housing.

Welfare Organisations

A person company or organisation that provides a service to assist individuals in need and requires the ability to check if an individual is listed on the database as a defaulting tenant.

State and Federal Government Organisations

A person company or organisation that needs to investigate matters and locate individuals for whatever reasons can use TICA.

Housing Co-ops

A person, company or organisation that operates a service offering short or long term affordable housing, emergency housing, crisis housing that is owned by the Co-op and or is associated with government subsidy schemes is deemed by TICA as a housing co-op and can use TICA to verify the tenant applicants.

Crisis centre

A person company or organisation that needs to use the TICA service to ascertain if an individual is listed on the database so to investigate matters on behalf of individuals for emergency housing and assists that individual in emergency housing and other matters.

TICA Data Solutions Pty Ltd (herein referred to as TICA) software is a default tenancy control system that allows members to share information about a tenants history. The system allows its members to lodge information onto the database and to enquire on information that may be listed on our databases. The members of TICA agree that the database and any information contained in such database will only be used for the purposes for which such information was provided. The members further agree that all information provided to TICA by members making enquiries and members listing information is tenancy information and therefore such information can only be used in verifying a tenancy application.

TICA Rental Services membership is only available to Real Estate Agents, Caravan Parks, Residential Unit Managers, Hotels, Motels, Boarding Houses, Storage Companies, Insurance Companies (Landlord Insurance only), Government Departments, Community Groups, Non for Profit Organisations, Landlords and Marinas.

The member agrees

That they are able to substantiate the information recorded about an individual on the databases.

That they will abide by the Australian Privacy Principles.

That the information recorded on the database is accurate complete and up to date.

That any information recorded on the database will be updated by the member, in the event of any changes to such information recorded so that the databases remain accurate complete and up to date.

That TICA will not issue any refund in relation to any gold or silver membership. This policy does not exclude a persons right under Australian consumer law.

To comply with the conditions of membership as contained in the membership agreement.

10.

11.

To co-operate with other members who make enquiries about information contained within the database.

12.

To amend any record listed on the databases by a member that has been found to be inaccurate incomplete and not up to date.

13.

14.

That they will not enter into arrangements with a tenant that may involve TICA or the TICA system without the prior written consent of TICA.

15.

That notwithstanding the fact that all the information contained within the database is the property of the listing member such information is subject to the policies of TICA.

16.

That TICA will not be used as a blackmailing tool.

17.

Membership to TICA is on an individual office basis any company, organisation or partnership with multiple offices must have their own separate membership to TICA. i.e. membership to TICA can not be shared between offices.

18.

That the member will adhere to the Competition and Consumer Act 2010 and the Federal Privacy Act.

19.

That TICA will cancel membership in the event that it is discovered that the membership does not fall into a category of members as defined under Membership of TICA on the TICA web site.

20.

21.

That the member will not provide to any person or corporation a copy of any report that may be printed from the TICA web site.

22.

23.

24.

The member must amend any record at the time of such record changing so that the record remains accurate complete and up to date.

25.

The member must provide at least two identifying features on an individual being a minimum of name and date of birth.

26.

The member must have some form of a signed acknowledgment from an individual before enquiring on that individual on the database.

27.

The member must advise individuals in writing that a listing has been made such advice must be sent to the individuals last known address.

28.

Definition of Members

Gold Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Storage Companies

Insurance Companies (Landlord Insurance Only)

A person company or organisation that offers a Landlord Insurance Policy for landlords to protect themselves from defaulting tenants.

Marinas

Project Developers

Shopping Centres

Silver Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Landlords

A person company or organisation that operates as a private landlord and collects rent for their properties.

Government Departments & Community Group Membership

Community Groups

Local Councils

A local council that owns and offers properties for rent and wants to use TICA to verify tenants they may rent their properties to.

Department of Housing

A Government Department that owns and offers properties for rent and needs to check if an individual is listed on the database before offering them government housing.

Welfare Organisations

A person company or organisation that provides a service to assist individuals in need and requires the ability to check if an individual is listed on the database as a defaulting tenant.

State and Federal Government Organisations

A person company or organisation that needs to investigate matters and locate individuals for whatever reasons can use TICA.

Housing Co-ops

Crisis centre

The members of TICA agree that the database and any information contained in such database will only be used for the purposes for which such information was provided. The members further agree that all information provided to TICA by members making enquiries and members listing information is tenancy information and therefore such information can only be used in verifying a tenancy application.

The member agrees

That they are able to substantiate the information recorded about an individual on the databases.

That they will abide by the Australian Privacy Principles.

That the information recorded on the database is accurate complete and up to date.

That any information recorded on the database will be updated by the member, in the event of any changes to such information recorded so that the databases remain accurate complete and up to date.

That TICA will suspend membership of any member that knowingly lists false or misleading information or information that is not accurate complete and up to date about an individual on the database. Furthermore no refund of any unused membership fee shall be applicable in such event.

That TICA will not issue any refund in relation to any gold or silver membership.

To comply with the conditions of membership as contained in the membership agreement.

10.

That membership to TICA may be suspended in the event that a member provides its identification number and password to another individual or company.
Furthermore, TICA may exercise any of its rights at law for misuse of its systems or extracting data.
No data migration is allowed without the written consent of TICA.

11.

To co-operate with other members who make enquiries about information contained within the database.

12.

To amend any record listed on the databases by a member that has been found to be inaccurate incomplete and not up to date.

13.

14.

That they will not enter into arrangements with a tenant that may involve TICA or the TICA system without the prior written consent of TICA.

15.

That notwithstanding the fact that all the information contained within the database is the property of the listing member such information is subject to the policies of TICA.

16.

That TICA will not be used as a blackmailing tool.

17.

18.

That the member will adhere to the Competition and Consumer Act 2010 and the Federal Privacy Act.

19.

That TICA will cancel membership in the event that it is discovered that the membership does not fall into a category of members as defined under Membership of TICA on the TICA web site.

20.

21.

That the member will not provide to any person or corporation a copy of any report that may be printed from the TICA web site.

22.

23.

24.

The member must amend any record at the time of such record changing so that the record remains accurate complete and up to date.

25.

The member must provide at least two identifying features on an individual being a minimum of name and date of birth.

26.

The member must have some form of a signed acknowledgment from an individual before enquiring on that individual on the database.

27.

The member must advise individuals in writing that a listing has been made such advice must be sent to the individuals last known address.

28.

Definition of Members

Gold Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Storage Companies

Insurance Companies (Landlord Insurance Only)

A person company or organisation that offers a Landlord Insurance Policy for landlords to protect themselves from defaulting tenants.

Marinas

Project Developers

Shopping Centres

Silver Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Landlords

A person company or organisation that operates as a private landlord and collects rent for their properties.

Government Departments & Community Group Membership

Community Groups

Local Councils

A local council that owns and offers properties for rent and wants to use TICA to verify tenants they may rent their properties to.

Department of Housing

A Government Department that owns and offers properties for rent and needs to check if an individual is listed on the database before offering them government housing.

Welfare Organisations

A person company or organisation that provides a service to assist individuals in need and requires the ability to check if an individual is listed on the database as a defaulting tenant.

State and Federal Government Organisations

A person company or organisation that needs to investigate matters and locate individuals for whatever reasons can use TICA.

Housing Co-ops

Crisis centre

Objective

To provide information to members that is accurate complete and up to date. To protect and maintain the privacy of individuals listed on our databases. To comply with the Australian Privacy Principles. To be transparent in our activities and keep the market place advised of our operations.

TICA Data Solutions Pty Ltd (herein referred to as TICA) respects your privacy and it is important to us that you understand your rights in relation to your privacy. TICA is committed to protecting and maintaining the privacy of individuals and the accuracy and security of the personal information that TICA holds.

As the leading and largest tenancy database in Australia TICA has built a trust within the industry with its members. Our trained staff are dedicated to adhere to the standards, policies and procedures that TICA has in place to protect your information.

The following information forms part of our Privacy Policy and explains how we obtain, handle and protect your information.

Collecting personal information

TICA collects its information from members of TICA who access the TICA databases and landlords. Information collected from members and landlords is kept by TICA for periods up to seven years from date of collection. TICA may also collect information direct from individuals if they contact our Public enquiry department to update a listing or request access to information that TICA may hold. TICA collects this information in an internal database. This information is retained for 4 years.

The personal information that TICA collects about you is your name, date of birth, driver's license number, passport number (except Australian Passport), proof of age card number, photographic proof, email address, occupation, employer (including address and phone), self employment details (including business name and ACN/ABN/ARBN), telephone number (including mobile) and current address.

If you wish to access your information we will require in addition to the above your current address and phone number.

Printed Privacy Policy

You can obtain a printed copy of our privacy policy by writing to TICA requesting a copy and enclosing a stamped self addressed envelope

Use of personal information

The information that TICA collects about you is used for the purposes of risk assessment in tenancy applications, verifying your identity and for locating/Skip tracing (examples: Witnesses for court proceedings, potential witnesses for court proceedings, Missing persons, beneficiaries of an estate, Debtors, executors of an estate, locating persons of interest). TICA only collects information about you that is necessary for TICA to perform its functions and activities in relation to the above mentioned purposes. Your information is only disclosed to TICA members and those government departments and or agencies that are allowed at law to have access to it. TICA does not disclose any personal information to any other countries outside Australia.

If you elect not to provide information to our member they will not be able to properly assess the risk to their client in assessing a tenancy application submitted by you. Our member will not be able to carry out their duties as asset managers and consequently a tenancy application submitted by you may not be processed or assessed.

Any government identifier that may be used by TICA is only used as an identifier and is not used for any other purpose. TICA does not collect any Commonwealth identifiers.

Personal information quality

TICA takes reasonable steps to ensure your personal information is accurate complete and up to date at the time of collecting using or disclosing the information from or to our members.

Should you believe that the information TICA holds about you is not accurate complete and up to date you can contact TICA to amend a record or dispute a record by writing to TICA and providing a stamped, self addressed envelope.

In the event that we disagree with your request to amend a record you may request that we attach a statement noting your explanation about the record and noting your disagreement about the record.

Personal information security

TICA protects your personal information from misuse loss and unauthorised access. The protection measures adopted by TICA to protect your personal information is through-

Restricting access to members only.
Identification number and password control.
Identifying individuals who enquire about themselves before information is released.
Usage of firewall's at various locations in our systems.
Preventing unauthorised access to our premises.
Electronic security devices.

Destruction of personal information

Australian Privacy Principles requires an organisation to take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Australian Privacy Principles.

TICA destroys any information that it no longer needs for any purpose.

Access to personal information

Access to personal information, please Click Here

Resolving your privacy issues

Dispute resolution process

All disputes must be in writing and the following procedure will be undertaken by TICA to resolve the dispute- '

Advise the member of the dispute.
Require the member to respond within 7 business days.
Depending on the dispute we may require the member to provide TICA with copies of one or more of the following, tenancy agreement, tenancy application form, tribunal orders, tenancy history ledger, any accounts for cleaning and or repairs and the condition report.
Advise you of the outcome of our investigation.
Advise the member of the outcome of the investigation.
Remove a record if it is not substantiated.
Amend a record that may not be accurate complete and up to date.
Record on the file a statement from you about the listing if we don't agree with your dispute and you request us to record such statement. This statement can be provided to members upon their request.
Record on the file what we did to attempt to resolve the dispute and any evidence that we obtained to substantiate the record the dates that we commenced the investigation and concluded the same

If you are not satisfied with the process taken by TICA and the outcome of the investigation you can contact the Office of the Australian Information Commissioner.

Disputes can be made by-

Mail –

Attn: TICA Compliance Officer
TICA Data Solutions Pty Ltd
P O Box 120
Concord NSW 2137
You must provide a stamped self addressed envelope please allow up to 21 working days from the time we receive your dispute.
If a stamped self addressed envelope is not enclosed, TICA will not respond. However, TICA will investigate the matter and record it on your file.

The use of TICA Commercial Services is available to members under the policies of TICA Data Solutions Pty Ltd (herein referred to as TICA). These policies have been developed to protect the integrity of TICA, the TICA system and the members who use our services.

TICA Commercial Services membership is only available to Commercial Agents, Debt Recovery Agents, Law Enforcement Agencies, Insurance Companies, Financial Institutions, Private investigators and related persons and or entities for skip tracing and locating purposes.

The member agrees

That they will abide by the Australian Privacy Principles.

That TICA will suspend or cancel membership of any member that knowingly utilises the service outside of the purpose for which the service was provided as stated in the membership agreement. The service is provided to TICA Commercial Services members for the purpose of skip tracing and locating. Furthermore no refund of any unused membership fee shall be applicable in such event.

That TICA will not issue any refund in relation to any full or casual membership. This policy does not exclude a persons right under Australian consumer law.

To comply with the conditions of membership as contained in the membership agreement.

That membership to TICA may be suspended in the event that a member provides its identification number and password to another individual or company.

Members must respect all members right in refusing to supply information and must conduct their communication with all members respectfully and in a professional non-deceptive manner.

That they will not enter into arrangements that may involve TICA or the TICA system without the prior written consent of TICA.

That TICA will not be used as a blackmailing tool.

That membership to TICA is on an individual office basis any company, organisation or partnership with multiple offices must have their own separate membership to TICA. Any other arrangement must be by the consent of TICA or its Distributor.

10.

That the member will adhere to any State or Federal legislation governing their industry.

11.

That TICA will cancel membership in the event that it is discovered that the membership does not fall into a category of members as defined under Membership of TICA on the TICA web site.

12.

That the member will notify TICA of the sale of their business or company and advise TICA of the purchasers details.

13.

That the member will not provide to any person or corporation a copy of any report that may be printed from the TICA web site. Sharing information and reports between the members staff and associated entities is permitted.

14.

Terms & Conditions

Your relationship with My TICA File

Your use of the My TICA File services and web sites (referred to collectively as the "MTF Services" in this document) is subject to the terms of a legal agreement between you and TICA Data Solutions Pty Ltd (hereafter referred to as TICA). "My TICA File" is a service owned and operated by TICA. This document explains how the agreement is made up, and sets out some of the terms of that agreement and our privacy policy in relation to how we handle your personal information.

Unless otherwise agreed in writing with TICA, your agreement to use the MTF Services will always include, at a minimum, the terms and conditions set out in this document.

Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

All Terms form a binding agreement between you and TICA in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this agreement is referred to below as the "Terms".

Accepting the Terms

In order to use the MTF Services, you must first agree to the Terms. You may not use the MTF Services if you do not accept the Terms.

You accept the Terms by actually using the MTF Services. In this case, you understand and agree that TICA will treat your use of the MTF Services as acceptance of the Terms from that point onwards.

Provision of the MTF Services by TICA

TICA has associations and affiliations with other legal entities. Sometimes, these companies will be providing the MTF Services to you on behalf of TICA itself. You acknowledge and agree that the other entities will be entitled to provide the Services to you.

TICA is constantly improving its systems and services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the MTF Services which TICA provides may change from time to time without prior notice to you but never less than the primary service you agreed to.

As part of this continuing innovation, you acknowledge and agree that TICA may stop (permanently or temporarily) providing the MTF Services (or any features within the Services) to you or to users generally at TICA's sole discretion, without prior notice to you. In the event that TICA decides to permanently discontinue the service any unused portion of your subscription will be prorated and refunded to you. You may stop using the MTF Services at any time. You do not need to specifically inform TICA when you stop using the Services. TICA will not issue any refund in relation to the MTF service should you elect to discontinue your subscription. This policy does not exclude a person's right under Australian consumer law.

You acknowledge and agree that if TICA disables access to your account, you may be prevented from accessing the MTF Services, your account details or any files or other content which is contained in your account.

Use of the Services by you

In order to access the MTF Services, you will be required to provide information about yourself (such as identification or contact details) as part of the registration process for the MTF Service, or as part of your continued use of the MTF Services. You agree that any registration information you give to TICA will always be accurate, complete and up to date.

You agree to use the Services only for purposes that are permitted by the Terms.

You agree not to access (or attempt to access) any of the MTF Services by any means other than through the interface that is provided by TICA. You specifically agree not to access (or attempt to access) any of the MTF Services through any automated means (including use of scripts or web crawlers).

You agree that you will not engage in any activity that interferes with or disrupts the MTF Services (or the servers and networks which are connected to the MTF Services).

Unless you have been specifically permitted to do so in a separate agreement with TICA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that TICA has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TICA may suffer) of any such breach.

Your user ID and account security

You agree and understand that you are responsible for maintaining the confidentiality of user IDs associated with any account you use to access the MTF Services.

Accordingly, you agree that you will be solely responsible to TICA for all activities that occur under your account.

If you become aware of any unauthorized use of your user ID, you agree to notify TICA immediately at support@tica.com.au.

Privacy and your personal information

For information about TICA privacy practices, please read TICA privacy policy at http://www.tica.com.au. This policy explains how TICA treats your personal information, and protects your privacy, when you use the MTF Services.

You agree to the use of your data in accordance with TICA privacy policies.

Content in the Services

You should be aware that Content presented to you as part of the MTF Services, including but not limited to advertisements in the MTF Services and sponsored Content within the MTF services may be protected by Intellectual Property Rights which are owned by the sponsors or advertisers who provide that Content to TICA (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TICA or by the owners of that Content, in a separate agreement.

TICA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any MTF Service.

You agree that you are solely responsible for (and that TICA has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the MTF Services and for the consequences of your actions (including any loss or damage which TICA may suffer) by doing so.

If your account is suspended or cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or cancelled.

Proprietary rights

You acknowledge and agree that TICA own all legal right, title and interest in and to the MTF Services, including any Intellectual Property Rights which subsist in the MTF Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TICA and that you shall not disclose such information without TICA prior written consent.

Unless TICA has agreed in writing with you, nothing in the Terms gives you a right to use any of TICA trade names, trade marks, service marks, logos, domain names, and other distinctive brand features that belong to TICA or any of its associates and affiliates.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the MTF Services.

Unless you have been expressly authorised to do so in writing by TICA, you agree that in using the MTF Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Manipulation of MTF Data and Service

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TICA, in writing.

10.

Uploaded Content from you

You retain copyright and any other rights you already hold in Content which you upload for submission through, the MTF Services. By uploading the content you give TICA a non-exclusive right to reproduce for its Network members to display and print any Content which you submit through, the MTF Services.

You agree that your subscription to MTF includes a right for TICA to make such Content available to other companies, organizations or individuals with whom TICA has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that TICA, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks such as email, fax or internet; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices or services. You agree that your subscription shall permit TICA to take these actions.

11.

Ending your relationship with TICA

The Terms will continue to apply until terminated by either you or TICA Data Solutions Pty Ltd as set out below.

If you want to terminate your agreement with TICA, you may do so by not renewing your subscription to the MTF Services or contacting TICA.

12.

No warranties

You expressly understand and agree that your use of the MTF Services is at your sole risk and that the MTF Services are provided "as is," and "as available."

In particular, TICA, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

Your use of the MTF Services will meet your requirements,

ii.

Your use of the MTF Services will be uninterrupted, timely, secure or free from error,

iii.

Any information obtained by you as a result of your use of the MTF Services will be accurate or reliable, and

iv.

That defects in the operation or functionality of any software provided to you as part of the MTF Services will be corrected.

Any material downloaded or otherwise obtained through the use of the MTF Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from TICA or through or from the services shall create any warranty not expressly stated in the terms.

TICA further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

13.

Limitation of liability

Subject to overall provision in section 12 above, you expressly understand and agree that TICA, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

ii.

Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

Any reliance placed by you on the MTF Services accuracy as a result of any relationship or transaction between you and any network member;
Any changes which TICA may make to the services, or for any permanent or temporary cessation in the provision of the MTF Services (or any features within the services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the MTF Services;
Your failure to provide TICA with accurate user information;
Your failure to keep your user id or account details secure and confidential;

The limitations on TICA liability to you in paragraph 13.1 above shall apply whether or not TICA has been advised of or should have been aware of the possibility of any such losses arising.

14.

Advertisements

Some of the MTF Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the MTF Services, queries made through the MTF Services or other information.

The manner, mode and extent of advertising by TICA on the Services are subject to change without specific notice to you.

In consideration for TICA granting you access to and use of the MTF Services, you agree that TICA may place such advertising on the Services.

15.

Other Content

The Services may include hyperlinks to other web sites or content or resources. TICA may have no control over any web sites or resources which are provided by companies or persons other than TICA.

You acknowledge and agree that TICA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that TICA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16.

Changes to the Terms

TICA may make changes to the Terms and Conditions from time to time. When these changes are made, TICA will make available the updated terms and conditions on its public website.

You understand and agree that if you use the MTF Services after the date on which the Terms have changed, TICA will treat your use as acceptance of the updated Terms and Conditions.

17.

Changes to the service and cancellation

We may change the service or delete features at any time for any reason. A particular service may be a pre-release version-a beta, for example - and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

We may cancel or suspend your service and your access to the TICA network at any time without notice and for any reason. If we cancel your account, your right to use TICA MTF Services stops immediately.

We may suspend your MTF Services access should we believe it is being used for reasons outside of these terms and conditions. Access will remain suspended pending an investigation which could lead to re-activation or cancelation of your subscription to the MTF Services.

17.

General legal terms

Sometimes when you use the MTF Services, you may (as a result of, or through your use of the MTF Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms constitute the whole agreement between you and TICA and govern your use of the MTF Services (but excluding any services which TICA may provide to you under a separate written agreement), and completely replace any prior agreements between you and TICA in relation to the MTF Services.

You agree that TICA may provide you with notices and marketing material, by email, regular mail, or postings on the MTF Services.

You agree that if TICA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TICA has the benefit of under any applicable law), this will not be taken to be a formal waiver of TICA rights and that those rights or remedies will still be available to TICA.

18.

Access, fees and referrals

That TICA will not issue any refund in relation to the MTF Services. This policy does not exclude a person's right under Australian consumer law.

Registration to the MTF Services is on an individual basis. Should an individual use multiple names they will require multiple subscriptions.

The individual shall pay TICA an annual subscription fee 12 months in advance.

The member must provide at least two identifying features on an individual being a minimum of name and date of birth.

MTF Services includes a referral system whereby individuals can receive 1 month free additional membership for every referred paid subscription, the number of referrals is unlimited but can not be redeemed for any monitory value, gifts or credit. TICA reserves the right to cancel the referral system at any time without providing any compensation to the individual. Should you cancel your subscription you will forfeit any bonus membership earned through referrals system.

MTF Services Privacy Disclosure

As required by the Australian Privacy Principles in the Privacy Act 1988 this disclosure provides information about how your personal information will be used and disclosed to the TICA Group of companies (TICA) in specified circumstances. If you do not consent to the disclosure of your personal information you should not use the MTF Services.

By using the MTF Services you acknowledge TICA's following Privacy Disclosure:

To protect and maintain the privacy of individuals user accounts.
To comply with the Australian Privacy Principles as mentioned in the Privacy Act 1988.
To be transparent in our activities and keep the market place advised of our operations.

TICA respects your privacy and it is important to us that you understand your rights in relation to your privacy.

TICA is committed to protecting and maintaining the privacy of individuals and the information it stores in relation to accuracy and security of that information.

The information we collect

When you create an account we collect your information for the purpose of allowing you the opportunity to use MTF Services to access your tenancy records online as stored on TICA databases through its network of members.

Personal information quality

You are required to provide your personal information and such information is to be accurate complete and up to date at the time of registering with the MTF Service.

Should you believe that the information TICA holds about you is not accurate complete and up to date you can contact TICA to amend a record or dispute a record. Contact details are provided below and throughout the TICA web site at www.tica.com.au.

In the event that we disagree with your request to amend a record you may request that we attach a statement noting your explanation about the record and noting your disagreement about the record.

Personal information security

TICA protects your personal information from misuse loss and unauthorised access. The protection measures adopted by TICA to protect your personal information is through-

Restricting access.
Identification number and password control.
Identifying individuals who enquire about themselves.
Usage of firewall's at various locations in our systems.
Preventing unauthorised access to our premises.
Electronic security devices.

How we use your information

TICA may use and disclose your personal information:

To network members of the TICA Group of companies for the purposes of contacting you or for skip tracing (locating you).
For direct marketing purposes.
We may share your information with our other services and affiliated companies and third party members so that they can contact you directly about their offers, promotions, goods or services.

The information provided by you maybe passed onto government departments and or government agencies both State and Federal as required in the Privacy Act and as required by law. We may also disclose your information where necessary to protect our rights and the company as a whole.

Destruction of personal information

TICA destroys all MTF Services accounts that have not been renewed after forty eight months from the expiry date, except for your first name and email address which can be used for future TICA promotions.

Dispute resolution process

All disputes must be in writing and the following procedure will be undertaken by TICA to resolve the dispute

Internal Dispute Resolution Process
Advise the member of the dispute.
Require the member to respond within 7 business days.
Depending on the dispute we may require the member to provide TICA with copies of one or more of the following, tenancy agreement, tenancy application form, tribunal orders, tenancy history ledger, any accounts for cleaning and or repairs and the condition report.
Advise you of the outcome of our investigation.
Advise the member of the outcome of the investigation.
Remove a record if it is not substantiated.
Amend a record that may not be accurate complete and up to date.
Record on the file a statement from you about the listing if we don't agree with your dispute and you request us to record such statement. This statement can be provided to members upon their request.
Record on the file what we did to attempt to resolve the dispute and any evidence that we obtained to substantiate the record the dates that we commenced the investigation and concluded the same.

If you are not satisfied with the process taken by TICA and the outcome of the investigation you can contact the Offices of the Australian Information Commissioner.

Disputes can be made by-

Mail –

TICA
P O Box 120
Concord NSW 2137

You must provide a stamped self addressed envelope please allow up to 21 working days from the time we receive your dispute.

Printed Privacy Policy

You can request a printed copy of the MTF Services privacy policy by writing to TICA and enclosing a stamped self addressed envelope.

TICA Data Solutions Pty Ltd (herein referred to as TICA) software is a default tenancy control system that allows members to share information about a tenants history.

The system allows its members to lodge information onto the database and to enquire on information that may be listed on our databases.

The members of TICA agree that the database and any information contained in such database will only be used for the purposes for which such information was provided.

The members further agree that all information provided to TICA by members making enquiries and members listing information is tenancy information and therefore such information can only be used in verifying a tenancy application.

TICA Services is available to Real Estate Agents, Caravan Parks, Residential Unit Managers, Hotels, Motels, Boarding Houses, Storage Companies, Insurance Companies (Landlord Insurance only), Government Departments, Community Groups, Non for Profit Organisations, Landlords and Marinas.

The member agrees

That they are able to substantiate the information recorded about an individual on the databases.

That they will abide by the Australian Privacy Principles.

That the information recorded on the database is accurate complete and up to date.

That any information recorded on the database will be updated by the member, in the event of any changes to such information recorded so that the databases remain accurate complete and up to date.

That TICA will suspend access of any member that knowingly uses or lists false or misleading information or information that is not accurate complete and up to date about an individual on the database. Furthermore no refund of any unused membership fee shall be applicable in such event.

That TICA will not issue any refund in relation to a Landlord’s Request to Search purchase. This policy does not exclude a persons right under Australian consumer law.

Searches purchased under the Landlord’s Request to Search must be used at the time of purchase. It is not possible to ‘save’ unused searches for later use. All searches will be conducted once payment has been made i.e. in the same session.

10.

To amend any record listed on the databases by a member that has been found to be inaccurate incomplete and not up to date. Amendments must be made in writing and sent to PO BOX 120 Concord NSW 2137

11.

12.

That they will not enter into arrangements with a tenant that may involve TICA or the TICA system without the prior written consent of TICA.

13.

That no information can be removed from TICA unless such information is found to be untrue, inaccurate, incomplete, not up to date, vexatious, offensive, or breach of any State or Federal legislation that may be in place or the time period for a removal of a listing has expired.

14.

That the member will adhere to the Competition and Consumer Act 2010 and the Federal Privacy Act.

15.

That the member will not provide to any person or corporation a copy of any report that may be printed from the TICA web site.

16.

The member must provide at least two identifying features on an individual being a minimum of name and date of birth.

17.

The member must have some form of a signed acknowledgment from an individual before enquiring on that individual on the database.

Definition of Members

Gold Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Storage Companies

Insurance Companies (Landlord Insurance Only)

A person company or organisation that offers a Landlord Insurance Policy for landlords to protect themselves from defaulting tenants.

Marinas

Project Developers

Shopping Centres

Silver Membership

Real Estate Agents

Resident Unit Manager

Caravan Parks

Hotels

Motels

Boarding Houses

Landlords

A person company or organisation that operates as a private landlord and collects rent for their properties.

Government Departments & Community Group Membership

Community Groups

Local Councils

A local council that owns and offers properties for rent and wants to use TICA to verify tenants they may rent their properties to.

Department of Housing

A Government Department that owns and offers properties for rent and needs to check if an individual is listed on the database before offering them government housing.

Welfare Organisations

A person company or organisation that provides a service to assist individuals in need and requires the ability to check if an individual is listed on the database as a defaulting tenant.

State and Federal Government Organisations

A person company or organisation that needs to investigate matters and locate individuals for whatever reasons can use TICA.

Housing Co-ops

Crisis centre

Landlord’s Request To Search

Landlords

A person company or organisation that operates as a private landlord and collects rent for their properties.

Click to Read Policies Overview