Terms & Conditions for Managed App Solutions Australia

Managed Platforms Pty Ltd (ABN 83 622 371 733) ("Managed", “we”, “us”, “our”) is the publisher of www.managedapp.com.au

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Managed governing your access to and use of the Managed website www.managedapp.com.au ("Site"), through which Managed makes the services supplied by Managed available ("Managed Services"). The Site and Managed Services together are collectively referred to as the "Managed App". The Agreement between you and Managed commences on the date you agree to be bound by these Terms and continues until terminated in accordance with the provisions of this Agreement.

1.    Scope of Managed Services

The Managed App is an online property management platform for agency owners, property managers, landlords, tenants and tradespeople. The Managed App enables registered users ("Members") to perform common tasks involved in property management, including paying rent, arranging maintenance and repairs and inspecting a property's condition.

Managed is not and does not become a party to or other participant in any contractual relationship between Members. Managed is not a real estate agent or insurer nor does Managed act as agent for any real estate agent or insurer or any other party. Managed does not collect rent. Managed does not hold any funds transacted between Members.

Managed does not collect rent. It is the contractual liability of tenants to pay rent to landlords under leases. Managed App enables the agency owner or property manager to arrange for rent to be paid direct by the tenant to the landlord without the rent being received by the agency owner or property manager. Landlords using the Managed App contract with Zai Payments Australia Pty Ltd t/a Zai Australia to receive and process payments made by a tenant to the landlord.

2.    Continuity of Services

Managed cannot guarantee the continuous and uninterrupted availability and accessibility of the Managed App. Managed may restrict the availability of the Managed App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, to carry out maintenance measures that ensure the proper or improved functioning of the Managed App, or as a result of a change in services supplied via third parties. Managed may improve, enhance and modify the Managed App and introduce new Managed Services from time to time.

3.    Eligibility to use the Managed App

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Managed App or register a Managed Account. By accessing or using the Managed App you represent and warrant that you are 18 years or older and have the legal capacity and authority to enter into a contract.

Managed does not endorse any Member and we do not assume any responsibility for the confirmation or verification of any Member’s identity. Any references to a Member being "verified" (or similar language) only indicates that the Member has completed a relevant registration process and nothing else. Any such description is not an endorsement, certification or guarantee by Managed about any Member, including the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to communicate and interact with other Members, whether online or in person.

Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:

(a)  ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members; and

(b)  screen Members against third party databases or other sources and request reports from service providers.

4.    Account Registration

You must register an account ("Managed Account") to access and use the Managed App. If you are registering a Managed Account on behalf of someone else or another entity, you represent and warrant that you have the authority to legally bind that person or entity and grant us all permissions and licenses provided in these Terms.

To register a Managed Account, you will be required to provide your name, email address, banking and other personal details (“Managed Profile Information”). You must provide accurate, current and complete information during the registration process and keep your Managed Profile Information up-to-date at all times.

You are responsible for maintaining the confidentiality and security of your Managed Account. You must immediately notify Managed if you know or reasonably suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Managed Account. You are liable for any and all activities conducted through your Managed Account.

5.    Payments

Managed has contracted with a third party payment processor for that third party to provide payment services to you via the Managed App. In doing so, Managed is not acting as your agent. Zai Australia Pty Ltd, trading as Zai Australia (together with its affiliates, subsidiaries and divisions, collectively "Zai") is the entity that has been contracted to facilitate the payment process for all payment transactions between Members and any payment transactions between you and Managed.The terms and conditions applying to the use by you of the platform established by Zai for the payment services that Zai provides are set out in a document entitled "End User Agreement"(referred to in these Terms as either the "Zai End UserAgreement" or the "End User Agreement"). A copy of the Zai End User Agreement can be accessed on the internet at https://www.hellozai.com/company/policies/end-user-agreement or by clicking here. You should note that Zai reserves the right to update or modify the End User Agreement at any time with or without prior notice that Zai considers reasonable according to the nature and extent of the changes. Notice may include notice on Zai's website or the Platform. Any use of the services provided by Zai after publication of such notice shall constitute your acceptance of the modifications.

In agreeing to these Terms, you agree that:  

(a)  you enter into the Zai End User Agreement directly with Zai as principal; and

(b) you are bound by the Zai End User Agreement when making or receiving a payment as a binding contract between you and Zai.

You do not become bound by the Zai End User Agreement as a result of Managed acting as your agent.

A breach by you of any of the terms of the Zai End User Agreement constitutes a breach by you of these Terms.

By using the payment processing systems of Zai, Managed App is able to arrange for those parties who agree to these Terms to either receive and/or pay (as the case may be) rent to landlords, management fees to agents/property managers and invoices to tradespersons.

Those parties who are receiving moneys under the Zai payment process system, for example landlords receiving rent or agents receiving a management fee or tradespersons receiving payment for their services, are referred to as "Platform Sellers" under the Zai End User Agreement. Those parties who are paying money under the Zai payment process system, for example tenants paying rent or tenants paying an invoice from a tradesperson ora landlord paying an invoice from a tradesperson, are referred to as"Platform Buyers" under the Zai End User Agreement. A tradesperson is referred to as a "Subscriber" in the Zai End User Agreement.

Managed is referred to as the "Customer" and Managed App as the"Platform" in the Zai End User Agreement. 

You should fully read the Zai End User Agreement and in particular, note that neither Zai nor any of its Representatives is liable for any refunds or reversals of any Transaction and is not liable to you for any Losses (as that term is defined in Zai End User Agreement) arising out of or in connection with a Member's use of Zai’s payment services.

If Zai’s disclaimer of liability is not enforceable for any reason, then, Zai's maximum aggregate liability arising from or relating to any claim (or series of related claims) arising out of or in connection with Zai's services to a Member shall not exceed the aggregate amount of 100% of the Fees (as that term is defined in Zai's End User Agreement) received in relation to the Member’s Transactions during the 12 month period preceding the date such claim(s) is/are made. In no event shall Zai be liable for any lost profits, data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to the services.

A “Transaction” is a transaction involving the Purchase and Sale of Goods, Assets or Services by Members using the Managed App.“Purchase” shall be interpreted broadly to mean purchase, buy, obtain, lease, license or otherwise acquire or assume. “Sell” or “Sale” shall be interpreted broadly to mean to sell, transfer, lease, license, hypothecate or otherwise assign or dispose of. “Goods, Assets and/or Services” means any goods, services or other property of any kind whatsoever (real, tangible or intangible) for sale or purchase, or sold or purchased, through the Managed App and includes any and all rights with respect thereto.

6.   Zai's Privacy Policy

You acknowledge that if you register as a Member and use Zai's payment services via the Managed App, Zai will provide to you services for the collection of the transaction proceeds (net of platform fees payable to Managed) in respect of a Transaction or Transactions.

By using the Managed App, you agree to Zai collecting your personal information from Managed, or from the financial institution involved in the Transaction, in order to provide you with services.If the personal information is not provided, Zai may not be able to collect the transaction proceeds for you.

Zai may disclose your personal information to a service provider to verify your identity or to enable Zai to provide the services. The disclosure to service providers may include those located overseas or who may host or access your personal information overseas.

The countries Zai may transfer, disclose or store your personal information to are: the United States of America, United Kingdom, New Zealand, Philippines and Singapore. Where information is transferred, disclosed or stored overseas, Zai will seek to ensure the recipient has security systems to prevent misuse, loss or unauthorised disclosure in line with Australian laws.

Zai may also use your personal information for other purposes such as marketing and promotion of our products and services, market research and development, customer communications and surveys, direct marketing, and creation of statistical information and data analytics.

If you wish to opt out of receiving direct marketing, you may contact Zai at support@hellozai.com.

A copy of Zai's Privacy Policy can be obtained at: https://www.hellozai.com/company/policies/privacy-policy.

7.    Term and Termination

The term of this Agreement continues until terminated. You may terminate your Managed Account and these Terms at any time for any reason and without any fees. Contact us at privacy@managedapp.com.au to delete all your information in the Managed App.

Managed may terminate your Managed Account and this Agreement at any time if we believe or suspect that you have breached these Terms.

Managed may terminate your Managed Account and this Agreement without reason by giving 30 days' written notice.

Termination of these Terms does not automatically terminate any agreement between Members, a Member and Zai, or any obligation a Member may have in respect of a payment or other liability.

8.    Legal Disclaimer

(a)  You must pay the Fees to us. For the purposes of this Agreement, "Fees" includes the following fees payable by you to us for using Managed App, as they may be varied or added to in accordance with this Agreement:

(i) for tenants making a rent payment:

(a) using BPay – the tenant or landlord or agency must pay $1.20 per payment;

(b) using a Direct Debit Authority – the tenant or landlord or agency must pay $1.20 per payment;

(c) using a credit card or debit card - the tenant or landlord or agency must pay 1.90% plus 10 cents per payment;

(ii) for tenants making any property related expense other than rent:

(a) using BPay – the tenant must pay $1.20 per payment;

(b) using a Direct Debit Authority – the tenant must pay $1.20 per payment; and

(c) using a credit card or debit card, the tenant must pay a fee equal to 1.90% of the amount of the payment plus 10 cents per payment;

(iii) for landlords making any property related expense:

(a) using BPay – the landlord must pay $1.20 per payment;

(b) using a Direct Debit Authority – the landlord must pay $1.20 per payment; and

(c) using a credit card or debit card, the landlord must pay a fee equal to 1.90% of the amount of the payment plus 10 cents per payment; and

(iv) for tradespersons receiving any payment under Managed App, a fee equal to 6.00% plus GST of the amount of the payment may apply.

(a) Subject to clause 10 of this Agreement, we may change the Fees at anytime by giving written notice to you, which may be provided on our website, by electronic mail or other electronic means.

(b) The Fees payable to Managed will be automatically deducted by Managed from the payment being made by the tenant or landlord or from the payment being made to the tradesperson, as the case may be, and paid to Managed.

(c) Invoices for the Fees will be created by Managed and your statements setting out the Fees (and any GST) that have been paid by you may be accessed by you from our Site, except tradespersons who will be sent a receipt for the Fees paid by the tradesperson.

(d)  If a Fee cannot be paid to Managed under paragraph (c) for any reason, then Managed will send you an invoice with 7 day payment terms.(e)  The fees are exclusive of all GST and you agree to pay any applicable GST in addition to the Fees at the same time as theFees are paid. The GST will be deducted and paid to Managed in the same manner as set out in paragraphs (c) and (e). (a)  For the purposes of thisAgreement, "GST" has the meaning given in A New Tax System (Goods andServices Tax) Act 1999 (Cth).

9.    Property Data Disclaimer

Data is provided by RP Data Ltd, SQM Research, ABS, Property Monitors plus a range of other data providers ("Data Providers"). No reproduction, distribution or transmission of the copyrighted materials in this publication is permitted whether in whole or in part. The copyrighted materials in this publication are provided for personal or internal business purposes only.

The information provided in Managed App is current as at the publication date only. Managed App is supplied on the basis that while Managed believes all the information in it supplied by Data Providers is deemed reliable at the publication date, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by yourself, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information supplied by Data Providers in the Managed App through any cause whatsoever.

Managed App provides general information supplied by Data Providers – it is not intended as advice and should not be relied upon as such. The information has not been prepared by taking into account your investment objectives, financial situation or personal needs.

10. Modification of these Terms

Managed reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Managed App and update the "LastUpdated" date at the top of these Terms. We will also provide you with notice of the modifications by email or on screen while using the Managed App at least thirty (30) days before the date they become effective. If you disagree with the revised terms, you may terminate this Agreement with immediate effect.If you do not terminate your Agreement before the date the revised terms become effective, your continued access to or use of the Managed App will constitute acceptance of the revised terms.

11. Managed's Privacy Statement

The following statement is a summary of our PrivacyPolicy. This statement and the Privacy Policy apply to all information youprovide on Managed App and in relation to any services provided through oursite.

12. Personal Information

When you register as a Member or for other services offered on or via Managed App, we’ll ask you to provide personal information.The information we collect may be combined with information obtained from services provided through our site and other companies. We use cookies and other technologies to keep track of your interactions with our sites and services to offer a personalised experience.

13. Your Options

Go to Contact Us if you wish to:

(a)  make choices about how we communicate with you;

(b)  subscribe or unsubscribe to newsletters; or

(c)  view and edit your personal information. 14. Use of informationWe use the information we collect to provide the services you have expressly requested. Our services may include the display of personalised content and advertising. We use your information to send you:

(a)  updates on new services;

(b)  member-only offers from our carefully selected partners; and (c) email newsletters to which you have subscribed, and, new competitions. We will never share your information with a third party or allow it to send you direct communications about its products without your consent. In order to help provide Managed App, we occasionally provide information to other companies who work on our behalf. As part of Managed App, you agree to use the services of and share information with Zai and services are also supplied by Data Providers.

14. General Provisions

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms contain the entire agreement and understanding between Managed and you in connection with the matters contemplated by these Terms and supersede any and all prior oral or written understandings or agreements between Managed and you in relation to the access to and use of the Managed App.

No joint venture, partnership, employment, or agency relationship exists between you and Managed as a result of this Agreement or your use of theManaged App.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Waiver of any breach or provision of this Agreement must be in writing and signed by the party granting the waiver. A breach of this Agreement is not waived by a failure to exercise, a delay in exercising or the partial exercise of any right or remedy available under this Agreement or in law or equity. Any right or remedy created by, or arising upon, a breach of or a default under this Agreement, or upon an event of default, is not waived by any failure to exercise or delay in the exercise, or a partial exercise, of that right or remedy.

You may not assign or transfer your rights under this Agreement without Managed's prior written consent. Managed may without restriction assign, transfer or delegate this Agreement and any rights and obligations here under, at its sole discretion, with 30 days' prior notice. Your right to terminate thisAgreement at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically via email. For notices, the date of receipt will be deemed the date on which Managed transmits the notice.

If you have any questions about these Terms please contact us.For more informationIf you want to know more about our privacy practices, go to the Full Privacy Policy on our website, or Contact Us.

For more information

If you want to know more about our privacy practices, go to the Full Privacy Policy on our website, or Contact Us.