Owner Terms of Use

Welcome to Kolmeo’s Owner Terms of Use! We can’t wait to help you with your rental property.

We’ve tried to make this document as concise as possible. However, there are some things that work differently on Kolmeo, including the way money is managed when you pay rent or bills. For this reason, please take the time to read these Terms of Use carefully as it is possible some of this will be new to you.

Kolmeo is an end-to-end property management platform that your real estate agency uses to manage the property you own, including collecting rent and other payments.

The navigation menu located on the side allows you to go to relevant sections simply by clicking the menu heading. These Terms of Use are structured as follows:

• Clauses 1 to 19: terms and conditions and definitions of capitalised words used throughout these Terms of Use.
• Annexure A: terms and conditions of Kolmeo’s Payment Gateway Provider, Assembly Payments Platform Pty Ltd (now Zai Australia Pty Ltd) that we are required to include in our Terms of Use.
• Annexure B: a table outlining all Fees.

When we say you or your in these Terms of Use, we are referring both to you and any entity you are authorised to represent. When we say Kolmeo, we, our or us, we are referring to Kolmeo Pty Ltd ACN 132 055 648.

These Terms of Use were last updated on Monday 11 April 2022.

These Terms of Use apply to the Services we provide to you. By accessing or using the Services, you agree to be bound by these Terms of Use.

We may revise these Terms of Use from time to time. If we do, we will notify you by posting a notice at Terms & Conditions and/or through our mobile application. If you do not agree to any changes to these Terms of Use you must notify us and immediately cease using the Services.

We grant you a right to use the Services in accordance with these Terms of Use.

We can't guarantee that all Services will be accessible via all electronic devices. As such, it is your responsibility to make sure that the device you use meets the system, software or other requirements explained on our Website.

You may access the Kolmeo platform solely to receive the Services and must not do anything that might breach Kolmeo's Intellectual Property Rights or interfere with Kolmeo's provision of Services to other users.

Any attempt to gain unauthorised access to data, information, content or other material uploaded to the Kolmeo Software (Data) is strictly prohibited.

You must not transfer your Access Credentials or permit them to be used by a third party. You agree that you are solely responsible for any use of the Services under your Access Credentials by you or a third party, whether authorised or not.

You must not allow any third party to do any of the things you are prohibited from doing under this clause, on your behalf.

We may disable your Access Credentials and/or suspend or terminate your access to the Services, if:

• you use the Services in a manner that Kolmeo reasonably considers to be inappropriate;
• your Access Credentials are lost, stolen or otherwise compromised;
• we know of, or reasonably suspect, a breach or potential breach of these Terms of Use by you; or
• the Payment Gateway Provider and/or any of its service providers requests that we do so.

We may terminate your access to the Services and our contractual relationship with you at any time, by providing you with at least 30 days' written notice.

We may also do so immediately, if the Platform Services Agreement is terminated or if a Force Majeure Event has continued for more than 60 consecutive days.

To the extent permitted by law, we exclude all Liability to you if we suspend or terminate the Services under this clause.

In using the Services, you must not, directly or indirectly:

• provide us with inaccurate or incomplete information;
• violate any laws and regulations;
• distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware, software or the Services;
• engage in any other conduct that is improper or brings us or the Services into disrepute;
• engage in, or otherwise accept payments in connection with, a Prohibited Transaction; or
• knowingly, by any act or omission, cause us, the Payment Gateway Provider and/or any of its service providers to breach any law, industry code or technical standard, or jeopardise our or their participation in any payment system, Card Network or the New Payments Platform promoted and operated by NPP Australia Limited ABN 68 601 428 737.

You warrant that you are duly authorised to:

• initiate Transactions;
• enter into any agreement underlying a Transaction; and
• grant any relevant authorisations granted, and give any relevant consents given, under these Terms of Use,

on your own behalf and, where required, on behalf of any Co-Owners.

You warrant that you have authorised any Co-Owners to:

• initiate Transactions;
• enter into any agreement underlying a Transaction; and
• grant any relevant authorisations granted, and give any relevant consents given, under these Terms of Use,

provided that only the party actually doing so will be liable for any payments relating to those actions.

You may authorise an Agent to use the Services on your behalf and on behalf of any other owners of the rental property (Co-Owners), including to initiate the transfer of money by You to the Agent and/or a third party (Agent Authority).

You authorise an Agent's Personnel to take any actions the Agent may take in accordance with the Agent Authority and acknowledge that any actions taken by an Agent's Personnel will be considered actions of the Agent.

You must notify us in writing if you have given an Agent Authority and provide us and the Agent with:

• information regarding the duration of the Agent Authority and any restrictions you wish to place on the Agent Authority; and
• any other information relating to the Agent Authority reasonably required by us,

(the Authority Information).

On our receipt of the Authority Information, we will, to the extent possible, issue the Agent with the necessary credentials and authorisations required by the Agent to use the Services on your behalf (Agent Credentials).

You agree that the Services are provided on an ‘as is’ basis and that the Services, Data and/or our Website may occasionally have limited or no availability. If we need to temporarily limit access to all or part of the Services, Data and/or our Website, we will endeavour to notify you in advance where practicable.

We may impose reasonable usage limitations on the Services and may modify or update the Kolmeo Software from time to time.

If you experience technical problems that impact your use of the Services, it is your responsibility to initially make reasonable efforts to investigate the problem at your end. If you still need technical support from Kolmeo, or you need assistance with the use of the Services, you may seek it using the contact information provided in the Kolmeo Software.

Transactions

The Kolmeo Software does not handle any Funds transfers between you and any other party (Transactions). All Transactions are handled by the Payment Gateway Provider and processed via their separate Payment Gateway.

You agree that once a Transaction is initiated by you, the money may, to the extent permitted by law, be applied by the recipient at their absolute discretion including by directing Funds to Agents or to suppliers for property maintenance services and other costs.

Undeliverable Funds

You acknowledge that all or part of the money to be transferred as part of a Transaction may not be able to be paid into the bank account of an intended recipient by the Payment Gateway Provider (Undeliverable Funds).

In that event, you authorise the transfer of any Undeliverable Funds to the relevant Owner's Agent, and you authorise the relevant Owner's Agent to then disburse those Undeliverable Funds to the intended recipients. If any Undeliverable Funds cannot be transferred to the intended recipients, you authorise the return of those Undeliverable Funds to the payer who initiated the Transaction.

Payment Gateway Provider

You agree that Kolmeo does not represent the Payment Gateway Provider and, beyond engaging the Payment Gateway Provider, Kolmeo cannot influence or control any Transaction initiated by you.

Your use of the Payment Gateway for any Transaction is subject to the relevant Payment Gateway Provider’s terms of use available here Zai End User Agreement Dec 2019 (hellozai.com) (Payment Gateway User Agreement) and annexed to these Terms of Use. Further, your transmission of data or money via the Payment Gateway is entirely at your own risk.

It is your obligation to provide the Payment Gateway Provider and its service providers, directly or through us, with all necessary information and authorisations to enable the Payment Gateway Provider and its service providers to accept payments from you and meet their obligations and exercise their rights under the rules of any payment system, including BPAY Payments, the electronic payments service promoted and operated by BPAY Pty Limited ACN 079 137 518.

If there is any inconsistency between these Terms of Use, the agreement for platform services entered into by us and the Payment Gateway Provider (Platform Services Agreement) and/or the Payment Gateway User Agreement, the terms will be given priority in interpretation and application as follows to the extent of the inconsistency: the Platform Services Agreement; these Terms of Use; and then the Payment Gateway User Agreement.

Rent Receipts

You authorise Kolmeo to:

• issue receipts to your Tenants for rent paid by them which is transferred to you and/or any Co-Owners through the Payment Gateway (Rent Receipts); and
• include a statement on each Rent Receipt directing queries about the Rent Receipt to your Agent.

You must ensure that your accessing and use of the Services does not expose You to the risk of viruses or other forms of interference which may damage or otherwise compromise Your computer systems, records or data.

To the extent permitted by law, all express or implied guarantees, warranties, representations, statements, indemnities, undertakings, terms or conditions relating to these Terms of Use and the Services are excluded.

In particular, to the extent permitted by law:

• while we endeavour to provide convenient and functional Services, we do not guarantee that your requirements will be met or that your use of the Services will be uninterrupted, timely, error free or that our Website and associated applications are free of viruses or other harmful components;
• we are not responsible for any loss, corruption or interception which occurs outside of our computer systems (such as those which occur while information is being sent over the internet); and
• we do not warrant, endorse, guarantee or assume responsibility for any assets or services advertised, offered, leased, licensed sold or purchased using Kolmeo Software.

If any term is implied by law into these Terms of Use and we are able to limit your remedy for its breach, then our Liability is limited at our option to the supplying of the Services again, or the payment of the cost of having the Services supplied again.

To the extent permitted by law, we will not be liable to you for:

• any incomplete Transaction resulting from: limits on the bank account, credit card or debit card of a party to the Transaction imposed by the party's financial institution or law; or failure by a financial institution to honour any credit or debit to or from any bank account, credit card or debit card;
• any act, omission, fraud or crime of any third party, including where such act, omission, fraud or crime results in a breach of these Terms of Use by us;
• any circumstance beyond our control, including a Force Majeure Event and the suspension of an obligation as a result of a Force Majeure Event; or
• websites and feeds which the Kolmeo Software links to, including Liability for any infringement of third party Intellectual Property Rights arising from them.

You acknowledge that that the Payment Gateway Provider and/or any of its service providers may delay or refuse to process a Transaction in certain circumstances, including where the Payment Gateway Provider and/or any of its service providers:

• considers, in its discretion, that the Transaction is unauthorised, suspicious, erroneous, fraudulent or a Prohibited Transaction;
• has any reason to believe that to do so may violate any law, rule, regulation or industry code or standard; or
• is ordered or requested by a court, tribunal, government or regulatory body to do so,

and, to the extent permitted by law, we will not be liable to you for any Losses arising as a result of such action.

To the extent permitted by law, our maximum aggregate Liability to you, for all Claims under, or relating to any Claim arising under or in connection with, these Terms of Use, whether in contract, statute, tort (including negligence), equity or otherwise, is limited to an amount equal to the total Fees you have paid to us during the twelve month period immediately preceding the first event that gives rise to a Claim.

For the avoidance of doubt, the preceding paragraph constitutes an aggregate Liability cap under these Terms of Use, even if there are multiple Claims, and each Claim will reduce the amount available in the aggregate Liability cap.

To the extent permitted by law, we are not liable to you for:

• special, indirect, consequential, incidental, circumstantial, punitive or exemplary damages or Losses; or
• loss of use of the Services or loss of your Data or its use,

whether arising under contract, in tort (including negligence) or otherwise and even if we have been advised of the possibility of such Liability.

You agree to promptly provide us, or your Agent with any of the following information at our or the relevant Agent's request:

• full legal name;
• email address;
• current address;
• information necessary for the Payment Gateway Provider to establish accounts, comply with applicable laws and payment industry rules or standards; and
• any other information reasonably necessary for us and/or the Payment Gateway Provider to give effect to these Terms of Use and the delivery of the Services.

If you are operating a registered business (including in the form of a partnership, company, trust or joint venture), you must also provide us, or your Agent with any of the following information at our or the relevant Agent's request:

• full business name;
• business address;
• business EIN or ABN;
• business telephone number;
• full name and contact details of each of the directors of your business (if any);
• information necessary for the Payment Gateway Provider to establish accounts, comply with applicable laws and payment industry rules or standards; and
• any other information reasonably necessary for us and/or the Payment Gateway Provider to give effect to these Terms of Use and the delivery of the Services.

We may refuse to permit you to use the Kolmeo Software until any information requested under this clause (Required Information) has been provided to the party requesting it.

If required you agree to assist us or your Agent with verifying the Required Information.

Kolmeo takes your privacy and security seriously. Kolmeo will not sell your data to any partner organisations we work with or third parties. We agree that all rights, title and interest in and to your Data will remain owned by you.

Kolmeo may use your Data and information derived from your Data to produce any data, information, content or other material that is de-identified such that it does not identify any individual, including you (De-identified Data).

Kolmeo owns all right, title and interest in and to the De-Identified Data and may use the De-Identified Data, which will not identify you, to improve the products and services it provides, provided that such use complies with applicable Privacy Laws and our privacy policy.

We reserve the right to update any information contained in the Services at any time.

We will handle your Personal Information in accordance with our Privacy Policy. Our privacy policy deals with, among other things, where your Personal Information will be stored.

You agree that we (or our licensors) own all right, title and interest in and to the Services, Documentation and De-identified Data, including all developments, changes, modifications and updates to the Services, the Documentation or De-identified Data (Proprietary IP).

Except as specifically stated under these Terms of Use, nothing in these Terms of Use transfers ownership of (or otherwise grants you any right in) the Proprietary IP and you must not infringe or allow a third party to infringe the Proprietary IP.

If you provide us with any ideas, comments or suggestions in relation to the Services or Documentation (Feedback):

• all Intellectual Property Rights in the Feedback and anything created as a result of that Feedback (including materials, enhancements, modifications or derivative works) will be owned by us and/or our licensors; and
• we may use or disclose the Feedback for any purpose.

When you use a method other than direct debit or direct credit (e.g. BPAY) to perform activities on Kolmeo that result in a fee being charged, you agree that to the extent permitted by law, for each Transaction initiated by you (or your Agent, pursuant to Your Agent Authority), you must pay us:

• the relevant Transaction Fees; and
• if the circumstances set out in the Additional Fees Table apply to you, the relevant Additional Fee,

(collectively, the Fees), unless your Agent has agreed with us to pay any applicable Fees.

To the extent permitted by law, you authorise the Payment Gateway Provider to:

• collect any Transaction Fees on our behalf by adding the relevant Transaction Fee to the amount payable in respect of a Transaction; and
• collect any Additional Fees on our behalf by direct debit from your nominated account or credit card or debit card.

You must provide a completed Direct Debit Authority to us to authorise the direct debit of: money to give effect to Transactions initiated by you; Fees; and/or any other amounts due and payable by you under or in accordance with these Terms of Use, from your nominated account, credit card or debit card.

If the Payment Gateway Provider does not collect the relevant Fees, we may invoice you for them, in which case the relevant Fees are due and payable seven days from the date of the invoice, or, if that day is not a Business Day, the next Business Day.

The Fees are inclusive of GST and other applicable Taxes which you must pay.

We may change the Fees at any time by providing you with at least 30 days’ notice. If such changes to the Fees are not acceptable to you, you may terminate your contractual relationship with us by notifying us and ceasing to use the Services.

In these Terms of Use, a Mandatory Reversal is a reversal of a Transaction which provides a full or partial refund to a party to the Transaction as a result of:

• the Transaction being unauthorised, unlawful, suspicious, fraudulent or a Prohibited Transaction; or
• a Claim which requires the Payment Gateway Provider to provide a refund: under any law; under its arrangements with its banks or other financial institutions (including any applicable credit card scheme or debit card scheme); or under other banking or payment industry rules or regulations.

If a Transaction is disputed, or a Mandatory Reversal or a Refund is being sought, You agree:

• to be bound by any payment industry or banking rules and regulations applicable to the dispute or Mandatory Reversal; and
• to take all reasonable action to assist in resolving the matter in a timely manner.

You authorise the Payment Gateway Provider to give effect to: the payment of any amount to settle a disputed Transaction as authorised by You; Mandatory Reversals; and Refunds, including by direct debit of the relevant amount from your nominated account, credit card or debit card.

You indemnify and will defend and hold harmless, us and our Personnel against all Claims and Liabilities suffered or incurred by us that are caused by or arise from:

• any breach of, or wilful or intentional misconduct in relation to, these Terms of Use by you, including any misrepresentations or breach of representations and warranties contained in these Terms of Use;
• any negligent or unlawful act or omission by you;
• the imposition of a fee, fine or penalty on us, the Payment Gateway Provider and/or any of its service providers, in relation to the Services, as a result of your acts or omissions;
• any use or misuse of the Services by your Agent on your behalf, pursuant to your Agent Authority; and
• the amount of any disputed Transaction, Mandatory Reversal or Refund that the Payment Gateway Provider pays in relation to a Transaction, for which you are liable, that it is unable to recover from you.

You indemnify and will defend and hold harmless, us and our Personnel against any Liabilities arising from:

• any use of the Services by your Agent pursuant to your Agent Authority; and
• all Claims by any Co-Owners related to: your use of the Services, and/or use of the Services by your Agent pursuant to your Agent Authority.

You indemnify and will defend and hold harmless, us and our Personnel in relation to any Liabilities arising from a Claim by a third party relating to:

• your Data;
• the disclosure, transfer or exchange of your Data by Kolmeo to or with the provider of an Approved Third Party Application; and
• any use of the Services or Documentation under your Access Credentials by you or a third party, whether authorised or not.

If a party is unable to perform or is delayed in performing an obligation under these Terms of Use because of a Force Majeure Event, that obligation is suspended but only so far and for so long that it is affected by the Force Majeure Event.

These Terms of Use are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia.

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts that have jurisdiction to hear appeals from any of those courts, and waives any right to object to any proceedings being brought in those courts.

Subject to the following paragraph, if a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

The preceding paragraph does not apply if severing the provision:

• materially alters the: scope and nature of these Terms of Use; or the relative commercial or financial position of the parties; or
• would be contrary to public policy.

Provisions of these Terms of Use that are capable of having effect after the termination or expiration of these Terms of Use will remain in full force and effect following the expiration of these Terms of Use even if they are not expressed to have that effect.

In these Terms of Use, unless the context requires otherwise:

Access Credentials means the credentials you use to obtain access to the Kolmeo Software including a username and password;

Additional Fees means the fees set out the Additional Fees Table;

Additional Fees Table means the table headed Additional Fees set out in Annexure B;

Agent Authority has the meaning given in clause 6;

Agent Credentials has the meaning given in clause 6;

Agent means a third party agency licenced under applicable legislation, regulations or rules relating (or relating among other things) to the leasing of real property and/or the regulation of real estate agents;

Approved Third Party Application any third party software, application, product or service integrated with or used in conjunction with the Services from time to time;

Business Day means a day on which the banks are open for business in Melbourne, Victoria other than a Saturday, Sunday or public holiday in Melbourne, Victoria;

Card Network means the network that powers credit card and debit card transactions for Visa and MasterCard or such other networks that power credit card and debit card transactions as agreed by Kolmeo and the Payment Gateway Provider;

Chargeback means a Transaction that a Card Network reverses by returning money to a Kolmeo Software user pursuant to the relevant Card Network rules;

Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, cost, expense or Liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms of Use;

Confidential Information means the terms and existence of these Terms of Use and all information belonging or relating to a party to these Terms of Use, whether oral, graphic, electronic, written or in any other form:

• that is, or should reasonably be regarded as, confidential to the party to whom it belongs or relates; or
• that is not generally available to the public at the time of disclosure other than by reason of a breach of these Terms of Use,

but does not include De-Identified Data;

Co-Owners has the meaning given in clause 6;

Currency means the coin and paper money of Australia or another country that is designated as legal tender and circulates and is customarily used and accepted as a medium of exchange in the country of issuance;

Data has the meaning given in clause 3;

De-Identified Data has the meaning given in clause 12;

Direct Debit Authority means a form or authority in the form annexed to these Terms of Use that is reasonably acceptable to Kolmeo to authorise payments from the Agent to Kolmeo by way of direct debit from an account or credit card or debit card maintained by the Agent with its nominated financial institution;

Documentation means any manuals and other material (whether in printed or electronic format) relevant to the operation of the Kolmeo Software, including user manuals, programming manuals, modification manuals, flowcharts, drawings, instructions and any similar documentation which have been prepared by or on behalf of Kolmeo to assist or supplement the understanding or application of the Kolmeo Software;

Feedback has the meaning given in clause 14;

Fees has the meaning given in clause 15;

Force Majeure Event means any event caused by occurrences beyond a party’s reasonable control, including:

• an act of God, natural disasters, acts of terrorism, riots, civil disturbances and epidemics, pandemics, war, hostilities, seizure or expropriation of assets (other than that caused by the actions or omissions of a party);
• government regulations, policies or actions enacted or taken subsequent to your entry into these Terms of use for the provision of the Services; or
• any labour, telecommunications, internet or other utility failure, interruption, shortage, outage, strike or curtailment or the acts or omissions of a third party;

Funds means Currency or a claim that can be converted into Currency through a financial institution, electronic payments network, or other formal or informal payment system;

GST means goods and services tax, or similar value added tax levied or imposed in Australia under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or otherwise on a supply;

Intellectual Property Rights means any and all intellectual property rights including without limitation the following rights:

• copyright, trademarks, patents, designs, circuit layout rights, trade secrets, know-how and any right to have confidential information kept confidential;
• any application or right to apply for registration of any of the rights referred to in the preceding paragraph of this definition; and
• all rights of a similar nature to any of the rights in the preceding paragraphs of this definition,

that may subsist anywhere in the world;

Kolmeo Software means the end-to-end property administration software provided by Kolmeo known as 'Kolmeo Connect';

Liability means any liability or obligation (whether actual, contingent or prospective) including any Loss, irrespective of when the acts, events or things giving rise to the liability or obligation occurred;

Loss includes any loss, damage, cost, charge, liability (including Tax liability) or expense (including legal costs and expenses);

Mandatory Reversal has the meaning given in clause 16;

Owner means the owner of the real property that a Tenant lets, offers to let, attempts to let, or agrees to let;

Payment Gateway means third party software technology that acts as the interface between a supplier and an acquirer for the purpose of validating Access Credentials and ensuring funds are transferred from the payor's bank account or credit card or debit card;

Payment Gateway Provider means Assembly Payments Platform Pty Ltd (now Zai Australia Pty Ltd) and its related companies and/or any other person engaged by Kolmeo to provide a Payment Gateway from time to time;

Personal Information has the meaning given in the Privacy Act;

Personnel means a party's officers, employees, agents, contractors and subcontractors;

Platform Services Agreement has the meaning given in clause 9;

Privacy Act means the Privacy Act 1988 (Cth);

Privacy Law means: the Privacy Act; any legislation from time to time in force in any Australian jurisdiction (which includes the Commonwealth of Australia and any State or Territory of Australia) and non-Australian jurisdiction (to the extent that the Agent or Kolmeo is subject to the laws of that jurisdiction), affecting privacy, Personal Information or the collection, handling, storage, processing, use or disclosure of data; and any legally binding ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued there under, as amended from time to time;

Prohibited Transaction means a Transaction related to businesses, business activities or business practices that are prohibited by the Payment Gateway Provider, a Card Brand or financial institution involved in the Transaction;

Proprietary IP has the meaning given in clause 14;

Refund means a voluntary reversal of a Transaction approved by you;

Rent Receipts has the meaning given in clause 9;

Required Information has the meaning given in clause 11;

Services means the provision of access to the Kolmeo Software and/or any support services relating to the Kolmeo Software which Kolmeo may provide from time to time (as the context dictates);

Tax means all forms of taxes, duties, imposts, charges, withholdings, rates, levies or other governmental impositions of whatever nature and by whatever authority imposed, assessed or charged together with all costs, charges, interest, penalties, fines, expenses and other additional statutory charges, incidental or related to the imposition;

Transaction has the meaning given in clause 9;

Transaction Fees means the fees set out in the table headed Transaction Fees (Australia) annexed to these Terms of Use at Annexure B; and

Undeliverable Funds has the meaning given in clause 9.

Website means www.kolmeo.com

Assembly Payments (now Zai Australia Pty Ltd)

1 Definitions

In this Annexure, the following terms have the corresponding meanings:

Assembly means Assembly Payments Platform Pty Ltd ABN 96 637 632 645 (now Zai Australia Pty Ltd);

Cuscal means Cuscal Limited ABN 95 087 822 455.

2 Privacy

You acknowledge that Assembly will provide services to you in respect of a Transaction or Transactions.

By transacting on the Kolmeo Software, you agree to Assembly collecting your personal information from Kolmeo, or from the financial institution involved in the Transaction, in order to provide you with services. If the personal information is not provided, Assembly may not be able to process Transactions for you.

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

Assembly may also use your de-identified personal information for product development and creation of statistical information and data analytics.

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

By transacting using the Kolmeo Software, you agree to that your personal information may be disclosed by Assembly to Cuscal in accordance with Cuscal's Privacy Policy.

A copy of Cuscal's Privacy Policy can be obtained at: https://www.cuscalpayments.com.au/privacy/

3 Limitation of liability

By renting property, providing agency services or otherwise selling goods or providing services using the Kolmeo Software, you agree to be bound by the Assembly end user agreement which is located at: https://www.hellozai.com/company/policies/end-user-agreement

(Assembly User Agreement) to the extent that it is consistent with these Terms of Use and the Services Agreement between Kolmeo and Assembly relating to the Kolmeo Software (Services Agreement). In the event of an inconsistency the terms of the Services Agreement, followed by the terms of these Terms of Use will prevail.

Please read the Assembly User Agreement in full and in particular, note that neither Assembly nor any of its Representatives (as that term is defined in the Assembly User Agreement) are liable for any refunds or reversals of any Transactions and are not liable to you for any Losses (as that term is defined in Assembly’s User Agreement) arising out of or in connection with your use of Assembly's services.

If Assembly's disclaimer of liability is not enforceable for any reason, then, Assembly's maximum aggregate liability arising from or relating to any claim (or series of related claims) by you arising out of or in connection with Assembly's services to you shall not exceed the aggregate amount of 100% of the Fees (as that term is defined in Assembly’s User Agreement) received in relation to your Transactions during the 12 month period preceding the date such claim(s) is/are made.

In no event shall Assembly 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 Assembly's services.

Kolmeo does not profit from any Transaction Fees or Additional Fees charged or share such fees collected with real estate agent. All Transaction Fees or Additional Fees charged are passed directly to the Payment Gateway Provider.

All fees listed below are inclusive of GST and other taxes.

No fees will be charged in relation to Transactions where such fees are prohibited by law, including under applicable State and Territory residential tenancies legislation.

There are no fees charged by Kolmeo for late rental payments, direct debit dishonours or using a recurring direct debit facility. However, you may be charged a dishonour fee by your financial institution so please consult with them when considering your options.

Transaction fees (Australia)

Additional fees

Chargeback Fees will not apply unless you use a credit or debit card to pay for a Transaction and the network that powers the card (e.g. Visa or Mastercard) reverses that Transaction in accordance with its rules.

* A Card Network includes the network that powers credit card and debit card transactions for Visa and Mastercard.