General Terms and Conditions

Introduction

By using the Service offered by Yabonza, You are bound by the terms and conditions as set out below.  By the use of or access to any yabonza service or the yabonza platform you have agreed to and continue to agree to be bound by these Terms and Conditions.

Key definitions

Company”,“Yabonza” (“us”, “we”, “our” and “ours”) means Yabonza Australia Pty Limited ACN 620 722 634  registered address 50 Miller Street, North Sydney, NSW 2060 Australia

“Property owner” or “Landlord” means any person named as the owner of the property.

“Service providers, Agents or Representatives” means any business or person who provides services for yabonza.

 “Users”, “User”, “You”, means anyone making use of Yabonza’s services.

Serviceor “Services” means any product or service that is provided by Yabonza to Users, which includes, but is not limited to: information and services.

“Website” “Platform” means the website yabonza.com.au and yabonza.com and all the pages, content and sub-domains contained therein on both mobile and web platforms.

“Content” any information found on the Yabonza website.

“Tenancy Agreement” the agreement between the Landlord or Property owner and a Tenant.

 “Property” a property is the real estate asset owned by the Property owner or Landlord for which the yabonza Platform and Services are being offered

You” or “you” the party to whom these Terms and Conditions apply and to which you have agreed to be bound by.

“Authorised agent(s)” a person who has the express or implied authority to act for another person

“the Remuneration” fee’s payable to yabonza for services performed

“State” means the state or territory of Australia where the Property is located

“yabonzaeasyshare” Is a payment gateway provider that provides the direct debit facility

Services

Subject to the limitations contained in this agreement Yabonza and the Platform or their agents or representatives, on behalf of the property owner, will perform property management and leasing services.

By using the Services you will be provided access to the Platform which allows Yabonza to provide information on the tenancy to both landlords and tenants and helps facilitate the end to end property management process.

By using the Services you agree to the use of the Platform.

As a landlord, before Yabonza can manage your property, you will need to sign a managing agency agreement and verify your identity and prove ownership of the property. By signing up with Yabonza you agree that your tenants will have access to the Platform to raise maintenance requests and view their rental history.

By signing the Managing Agency Agreement, you agree to pay Yabonza fees for its services – the fees are detailed within the Managing Agency Agreement.

yabonza platform

By using the Service you will have access to the Platform which allows a range of functions including:

  • Document storage of property documents
  • Up to date rental information
  • Raising and tracking maintenance issues
  • Rental statements

When using the Services, you agree to access all property related information through the Platform.

You are responsible for the confidentiality of the Platform account password.

The security of your account is important and you agree not to let other parties access your account or do anything that puts your account at risk. You must notify Yabonza immediately if you become aware of any breach to your account or unauthorised use or access of your account.

Payments

Yabonza uses the direct debit facilities provided by ‘yabonza easyshare’ and funds are held within ANZ Trust accounts which are all compliant within the individual States and Territories of Australia.

By utilising the services of Yabonza you agree to the use of the Direct Debit facility provided by ‘yabonza easyshare’. For full terms and conditions of the easyshare facility visit the site www.geteasyshare.com and access the Terms and Conditions link.

If you have a question about a charge on your credit or debit card, please contact us by sending an email to invoices@yabonza.com.

Landlords Responsibilities and Obligations

As the landlord of the property, you confirm that:

  1. You are the registered owner of the property and have the legal capacity to enter into this agreement
  2. All information and/or descriptions provided to Yabonza in relation to the property are true and correct and you will advise Yabonza or its agents any change to that information
  3. There is no other residential management agreement relating to the premises
  4. Yabonza or one of its agents will be informed in writing of any changes to the ownership of the premises

Anti-Money Laundering

Yabonza is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. We are aware that the real estate industry is a target for organised criminals seeking to launder the proceeds of crime. We always seek to prevent this activity by abiding by and performing our legal and regulatory obligations and reporting any suspicious activity to the applicable authorities.

Yabonza’s commitment to anti money laundering legislation is applicable to all users of our Website, including Landlords, Tenants and Service providers. As a result we obtain and hold for a period of at least five years evidence relating to the identity of all users of our Website and, where appropriate, we obtain proof of ownership of Property and source/ destination of funds. The identity of landlords and tenants will be subject to an electronic identity check, which may also include a credit check. All client details are stored in accordance with our privacy policy.  

By using the Platform you agree to provide any information required to complete anti money laundering checks and acknowledge that if you cannot provide this information then Yabonza has the right to refuse the use of the Platform.

Key Holding

Yabonza uses the ‘yabonza keys’ service to hold keys for your property to allow the management of your Property for tasks including, but not limited to, tradesmen fixing maintenance issues, letting in locked out Tenants and showing new prospective Tenants through the Property. By signing up with Yabonza you agree that Yabonza is not liable including but not limited to for any damage or theft caused as a result of holding these keys. Please refer to the yabonza keys Terms and Conditions at www.yabonzakeys.com.au  which by entering into this agreement you will be deemed to have read.

Termination

This agreement may be terminated by:

  • The property owner giving 30 days written notice
  • Yabonza giving the property owner 30 days written notice

Dispute Resolution

If you are not happy with a Service provided by yabonza or one of Yabonz as representatives please email help@yabonza.com and we will endeavour to get back to you within 48 hours.

If you are not satisfied with the response, please contact the Tribunal or Magistrates court in your State.

Accuracy of Information

Although we make every attempt to ensure that information is correct and accurate, Yabonza cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from any information being incomplete, inaccurate or incorrect. Although we only use accredited Service providers we rely on the validity of third party accreditation and are therefore not responsible for any such information and will not be held liable if this information is incomplete, inaccurate or incorrect. From time to time Landlords will introduce their own Service providers onto Yabonza and utilise their services. Yabonza will not be liable for any problems suffered as a result of using these services or acting on information provided either on or outside of the website on these Service providers.

Content

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from Yabonza, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service. Furthermore, the Yabonza site and content available through the Service may contain links to other websites, which are completely independent of Yabonza. Yabonza makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Website.

You acknowledge that Yabonza does not pre-screen or approve all content, but that Yabonza shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the Website for violating the terms of use, other user’s website experience or for any other reason.

Intellectual Property

You acknowledge that Yabonza owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and you agree not to use or copy any part thereof without our prior written express permission. The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) Users upload to the Yabonza website are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the Content. This data will be stored according to the Yabonza privacy policy.

No Liability

To the full extent permitted by law Yabonza shall not be liable in connection with, under or arising out of these Terms and Conditions or out of the relationship between You and Yabonza and howsoever caused including but not limited to negligence for any loss of profit, loss of rent, loss of income, loss of opportunity or for any other financial or economic loss of whatsoever kind and whether direct or indirect or for any other kind of loss or damage whatsoever and whether that loss or damage be direct or indirect.

The property owner indemnifies and holds harmless and will keep indemnifying and held harmless Yabonza and its agents against all liability or loss arising directly or indirectly from, and any costs, charges, late fees and expenses incurred in connection with or attributable to:

  • Any breach of this agreement by You
  • The failure of the property owner to provide adequate including but not limited to incomplete or inaccurate instructions to Yabonza or its agents in relation to the property which result in a breach of this agreement by Yabonza or one of its agents
  • Any loss or damage whatsoever to the premises or to any goods on the premises, or injury to any person accessing the premises (except where such liability is as a direct result of negligence on behalf of Yabonza or one of its agents)

Disputes

If a dispute or difference arises between Yabonza and You in respect of any fact, matter or thing arising out of or in connection with the Terms and Conditions, or either party’s conduct before but related to or associated with the Terms and Conditions, either party may give a notice in writing to the other party specifying the dispute or difference; the particulars of the party’s reasons for being dissatisfied; and the position which the party believes is correct.

If the dispute is not resolved within 28 days of the receipt of the notice by the other party then either party may refer the matter to arbitration which arbitration will be conducted in accordance with the provisions of the Commercial Arbitration Act 2010.

Governing Law and Jurisdiction

The laws applicable in New South Wales, Australia govern these Terms and Conditions.