General Terms and Conditions
“Agency Agreement” means the Exclusive Managing Agency Agreement entered into between Yabonza and the Landlord
“Agreement” means this agreement
“Business Day” means a day that is not a Saturday, a Sunday or a public holiday in the State or Territory concerned
“Company” or “Yabonza” or (“Us”, “We”, “Our” and “Ours”) means Yabonza Australia Pty Limited ACN 620 722 634 registered address 50 Miller Street, North Sydney, NSW 2060 Australia
“Content” any information found on the Yabonza website or Platform.
“Property” a property is the real estate asset owned by the Property Owner for which the Platform and Services are being offered
“Property Owner” or “Landlord” means any person named as the owner or landlord of the property.
“Service providers, Agents or Representatives” means any business or person who provides services for yabonza.
“Service” or “Services” means any product or service that is provided by Yabonza to Users, which includes, but is not limited to information and services.
“State or Territory” means the State or Territory of Australia where the Property is located.
“Tenancy Agreement” the agreement entered into between the Landlord and a Tenant.
“Tenant” means the party or parties who enter into a Tenancy Agreement
“Terms and Conditions” means the terms and conditions of this Agreement
“Users”, “User”, “You”, means anyone making use of Yabonza’s Services.
“Website” “Platform” means the website yabonza.com and the yabonza Platform and all the pages, content and sub-domains contained therein on both mobile and web platforms.
“You” or “you” or “Your” or “Yours” the party to whom these Terms and Conditions apply and to which you have agreed to be bound by.
“Easyshare” Is a payment gateway provider that provides the direct debit and payment facility
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 in the form of the Agency Agreement and verify your identity and prove ownership of the Property. By signing up with Yabonza you agree that your Tenant(s) will have access to the Platform to raise maintenance requests and view their rental history.
By signing the Agency Agreement, you agree to pay Yabonza fees for its services – the fees are detailed within the Agency Agreement.
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.
Yabonza uses the direct debit and payment facilities provided by Easyshare and any funds held by Yabonza are held in trust accounts which are regulated by the relevant real estate body of the applicable State or Territory
By utilising the services of Yabonza you agree to the use of the direct debit and payment facility provided by Easyshare. The use of the Easyshare service is relevant to both Landlords and Tenants that use the Service of Yabonza. For full terms and conditions of the Easyshare facility visit the site www.geteasyshare.com and access the terms and conditions link contained therein which by Your signing of this Agreement You agree to be bound by the terms and conditions of the Easyshare faciltity.
If you have a question about a charge on your bank account, credit or debit card, please Contact Us by sending an email to firstname.lastname@example.org.
Landlords Responsibilities and Obligations
As the Landlord of the Property:
(1) You confirm that you are the registered owner of the Property and have the legal capacity to enter into the Agency Agreement with Yabonza and.
(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 of any change to that information or that information is no longer true and current
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.
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 You the use of the Platform.
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 which by entering into this agreement you will be deemed to have read.
The terms of termination of this Agreement with Yabonza are outlined within the Agency Agreement and Tenancy Agreement that is in place which Agency Agreement and Tenancy Agreement by Your signing this Agreement You agree to be bound and abide by the terms and conditions contained in both the Agency Agreement and the Tenancy Agreement.
Yabonza may terminate your access to the Platform if Yabonza believes you have breached any terms of this Agreement or the Agency Agreement or Tenancy Agreement.
Yabonza aims to make it easy for you to bring any problems or complaints to our attention.
You should first raise your issue with the agent, representative or asset manager who is handling your property.
If you are not satisfied with the outcome, you can make a complaint directly to Yabonza management, by completing the complaints form, which can be found on the yabonza complaints process page on our website here.
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.
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 other website.
To the full extent permitted by law Yabonza shall not be liable under, arising out of or in connection with this Agreement or out of the relationship between You and Yabonza whether for breach of this Agreement, breach of statute, in tort ( including but not limited to negligence) or under any other legal theory or doctrine 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 information 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 Property or to any goods on the Property, or injury to any person accessing the Property (except where such liability is and to the extent only as a direct result of the gross negligence of Yabonza or one of its agents) where “gross negligence” means a conscious and voluntary disregard of the need to take care which is likely to cause foreseeable grave injury or to property or both.
If a dispute or difference arises between Yabonza and You in respect of any fact, matter or thing under, arising out of or in connection with this Agreement, 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.
The parties (or an authorised representative of a party) will meet to endeavour to resolve the dispute or difference. The parties agree that no legal representation or representatives shall be allowed at any such meeting. If the dispute is not resolved within 20 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.