Terms & Conditions

For Property Investors, Renters and Service Providers

Ailo Terms Property Investors, Renters and Service Providers 11/2023
  1. These Terms
    1. These Terms apply to your use of Ailo. They are a binding agreement between Ailo Pty Ltd (ACN 603 174 714) (us, we or our) and you, with you being any individual person or legal entity that clicks the ''I Agree to the Terms" checkbox or otherwise accesses or uses Ailo. You may be:
      1. a Property Investor;
      2. a Renter
      3. a Service Provider; or
      4. the Delegate of a Property Investor, Renter or Service Provider.
    2. By clicking the "I Agree to the Terms" checkbox or otherwise accessing or using Ailo, you agree:
      1. to be bound by these Terms;
      2. to be bound by any Ailo policies posted on Ailo (for example, policies related to the security of access credentials); and
      3. that you have read and understood our Privacy Policy available at ailo.io/privacy.
    3. You should review these Terms and our Privacy Policy carefully and cease using Ailo if you do not agree to them.
    4. To the extent of any inconsistency between these Terms and a policy posted on Ailo, the order of priority (from highest to lowest) for the purpose of any interpretation is these Terms, then any policies posted on Ailo.
    5. You must be at least 18 years of age to use Ailo.
  2. Amendment to Terms
    1. We may in our sole discretion modify any part of these Terms. We will give you seven days' notice of any change by notifying you at the contact details supplied and publishing a notice and the amended Terms on Ailo. You are responsible for checking Ailo for changes to these Terms.
    2. Your continued use of or access to Ailo following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not accept the changes, you are free to end this agreement and your access to Ailo by completing the unsubscribe process.
  3. Use of Delegates
    1. If you are a Property Investor, Renter or Service Provider, you may interact with Ailo through one or more Delegates.
    2. You agree that:
      1. you will ensure that all of your Delegates have been properly authorised by you to access or use Ailo on your behalf;
      2. you will ensure that all of your Delegates comply with these Terms and all policies on Ailo; and
      3. you are fully responsible for any access or use of Ailo by your Delegates (with any acts or omissions of your Delegates being deemed to be the acts or omissions of you).
  4. Fees
    1. To use Ailo, you must pay the fees applicable to the particular products or services you have subscribed to, as determined by us from time to time (Fees). Details of our fees are published on our website (www.ailo.io) and within the Ailo Platform.
    2. When you make payments to Ailo, via a Third Party, the Third Party may charge the Payer fees. Ailo accepts no responsibility for these fees.
  5. Using Ailo to manage properties, leases and relationships
    1. You may use Ailo for managing properties, leases and associated relationships. For example:
      1. if you are a Property Investor, you may use Ailo to manage your relationships with your PM Company, your Renters and any Service Providers engaged by you or your PM Company;
      2. if you are a Renter, you may use Ailo to manage your relationships with your Property Investor, your PM Company and any Service Providers engaged by your Property Investor or PM Company; and
      3. if you are a Service Provider, you may use Ailo to manage your relationships with Property Investors, Renters and PM Companies,

        including via chat functionality and other tools to manage leases (including in relation to repairs, inspections, renewals and breaches, as applicable).
    2. You acknowledge that Ailo is an assistance tool only – you are solely responsible for the management of your relationships with other users of Ailo.
    3. If you are a Renter, you consent to receiving inspection and other notices from your PM Company via Ailo.
    4. Although we will use reasonable efforts to preserve, for a reasonable period of time, records (including chat records) relating to your use of Ailo for purposes related to the management of your relationships with other users of Ailo, we make no assurances that such records will be retained or not be lost.
  6. Ratings functionality
    1. When using Ailo, you may rate, or be rated by, other users of Ailo.
    2. If you are a Property Investor:
      1. you may be invited to provide feedback on your Renters, your PM Company and any Service Providers you interact with, which will feed into an overall rating for such persons; and
      2. such persons may be invited to provide feedback on you, which will feed into your overall rating.
    3. If you are a Renter:
      1. you may be invited to provide feedback on your Property Investor, your PM Company, and any Service Providers you interact with, which will feed into an overall rating for such persons; and
      2. such persons may be invited to provide feedback on you, which will feed into your overall rating.
    4. If you are a Service Provider:
      1. you may be invited to provide feedback on any Renters, Property Investors and PM Companies you interact with, which will feed into an overall rating for such persons; and
      2. such persons may be invited to provide feedback on you, which will feed into your overall rating.
    5. Where you use Ailo in the manner described in this clause 6, you:
      1. agree to act reasonably and fairly when rating Renters, Property Investors, Service Providers and PM Companies (as applicable); and
      2. agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with:
        A. you being rated by Renters, Property Investors, Service Providers and PM Companies (as applicable); or
        B. the ratings and feedback you provide.
  7. Trust Account management
    From time to time Ailo may have an agreement with a PM company to provide tools to manage their Trust Account.  Under this arrangement:
    1. Ailo is not providing the Trust Account, this is supplied by the PM Companies authorised financial institution.
    2. Ailo is not managing the Trust Account it is only providing the tools (via the Ailo platform) to:
      1. report payments made into and out of the Trust Account
      2. provide statements detailing the payments made or received
      3. disburse payments to the Property Investor’s nominated bank account and the Agencies nominated bank account
    3. You acknowledge that the disbursements to the Property Investor and Agency wallet will be managed by Ailo Pay by way of a standing authority to direct debit the PM Company Trust Account and the disbursement made will be based upon the completed and reconciled trust account, as entered by the PM Company into the Ailo platform.
    4. Ailo will not be responsible for any Trust Account payments made, reported upon or detailed in a statement as a result of payment or payer details incorrectly loaded, not loaded or loaded late into the Ailo Platform.
    5. You may be instructed to deposit funds into the PM Companies nominated Trust Account
  8. Using Ailo for Depreciation Management
    Ailo provides tools to manage and report depreciation on Assets associated with a property.  From time to time a Property Investor may decide to utilise this Depreciation Management Service.  Under this arrangement:
    1. Ailo is providing the Depreciation Management Service in partnership with a Depreciation Service Provider.
    2. Investors who agree to use the Depreciation Management Service will be directed to the Depreciation Service Provider who will provide a Depreciation Schedule on the Assets detailed.
    3. Ailo is providing the tools (via the Ailo platform) to:
      1. Connect to the Depreciation Service Provider
      2. Collect information on the Assets associated with the property
      3. Facilitate the creation of an Asset depreciation report
      4. Provide end of year statements detailing the depreciation associated with the Assets
      5. Pay the fees associated with the Depreciation Management Service.
    4. Ailo will not be responsible for any depreciation reported upon or detailed in a statement as a result of asset data details incorrectly supplied, not supplied or supplied late.
    5. Ailo is not liable for any depreciation advice supplied by the Depreciation Service Provider.  Before acting on any information or advice on depreciation, you should consult your accountant, to ensure you are adhering to the accounting practice and processes relevant to your jurisdiction.
  9. Using Ailo for Insurance Services
    Ailo provides tools to apply for and manage Property Investor insurance associated with a property.  From time to time an Property Investor may decide to utilise this service.  Under this arrangement:
    1. Ailo is providing the Insurance Management Service in partnership with an Insurance Service Provider.
    2. Property Investors who agree to use the Insurance Management Service will be directed to the Insurance Service Provider where you can apply for and if approved receive an investment property insurance policy.
    3. Ailo is providing the tools (via the Ailo platform) to:
      1. Connect to the Insurance Service Provider;
      2. Collect information on the Property Investor and the property so as to facilitate the application for a Property Investor insurance policy
      3. Provide the ability to make claims to the Insurance Service Provider; and
      4. Pay the fees associated with the Property Investor insurance policy.
    4. Ailo will not be responsible for any insurance policy issued by the Insurance Service Provider this includes any information not supplied, incorrectly supplied or supplied in error in applying for the policy or any claims made against the policy.
    5. The Insurance Service Provider will automatically renew your insurance policy annually. We will direct debit your nominated payment method on your chosen frequency on behalf of the Insurance Service Provider. The Insurance Service Provider will inform you at least 14 days in advance that your policy will be renewing and what your premiums will be. If you decide to cancel the insurance policy you will need to do so directly with your Insurance Service provider at least 7 days before the insurance policy renew date
    6. Ailo is not liable for any insurance policy supplied by the Insurance Service Provider.  Before agreeing to any insurance policy you should carefully check the data used to populate the policy that the policy covers you for your investment property insurance needs.
  10. Invoice Financing
    From time to time Ailo may have an agreement with a Service Provider to purchase an invoice for goods and services supplied to a Renter, Property Investor or PM Company. Under this arrangement:
    1. Ailo becomes the Invoice Financier of this invoice.
    2. Ailo will represent the invoice to the Payer in Ailo’s name.
    3. The Payer will pay the value of the invoice directly to Ailo as the Payee utilising Ailo Pay.
    4. Ailo will not become the Service Provider as defined within this agreement.
    5. Ailo will not be responsible for the supply or quality of the goods or service supplied. This will remain with the Service Provider.
    6. Ailo will not be responsible for any legal costs or charges associated with any disputes associated with the supply of the goods or services. This will remain with the Service Provider.
    7. Ailo will be responsible for the collection of any GST amount detailed within the Invoice. See clause 24.
  11. Centrepay Payments
    Ailo provides tools to assist agents to manage Centrepay payments.  From time to time an Renter or Property Investor may decide to utilise Centrepay to process a payment.  Under this arrangement:
    1. Renters who wish to pay by Centrepay must have an agreement with Centrepay to enable Centrepay payments.
    2. Property Investors who wish to receive payments from Centrepay must have an agreement with a PM Company to enable Centrepay payments.
    3. PM Companies who wish to support Centrepay payments must have an agreement with Centrepay.
    4. Ailo is providing the tools (via the Ailo platform) to allocate and report Centrepay payments against a Renter and Property Investor.
    5. Ailo is not liable for any error as a result of any delayed or incorrect payment caused by incorrect or missing data supplied by the Renter, Property Investor, PM Company or Centrepay.
    6. The Centrepay service is provided free of charge to Renters.
    7. Any payments received from Centrepay in relation to this service will be net of Centrepay payment fees.
  12. Ailo Pay
    1. Ailo Pay
      We provide Ailo Pay through our Ailo Pay Pty Ltd (ACN 621 914 163) and its Payment Facilities Providers. To avoid doubt, if Ailo Pay Pty Ltd suffers any loss in connection with this agreement, we shall be entitled to recover such loss on its behalf
    2. Your information
      When you use Ailo Pay, you will be required to provide us with information such as your contact and payment details and (if you are a business) information about your business. You must ensure that any information you provide to us is accurate and current.
    3. Using Ailo Pay
      1. We make Ailo Pay available to assist you
        1. manage the process of paying and collecting rent; and/or
        2. make or receive payment for goods and services supplied within the property management industry.
      2. If you are a Property Investor, by using Ailo Pay, you authorise us to disburse funds from your Wallet to the Wallet of your PM Company, to account for the property management fees you owe to your PM Company (as set out in your management agreement with your PM Company).
      3. You acknowledge that in providing Ailo Pay, we provide a means for Payers to make payments directly to Payees, but do not:
        1. collect any amounts (for example, rent payments) on behalf of Payees;
        2. act as the agent of any Payer or Payee; or
        3. have any responsibility or liability for the goods or services to which such payments relate, or any other matter relating to any arrangement between a Payer and a Payee.
      4. If you are using Ailo Pay in a Payer capacity, we will facilitate the process of you debiting your nominated Account and crediting your nominated Payee's Wallet.
      5. If you are using Ailo Pay in a Payee capacity, we will facilitate the process of debiting the relevant Payer's Wallet and you crediting your nominated Account.
      6. The payment types supported by Ailo are as follows:
        1. credit and debit card (Visa and Mastercard and other card types as introduced by Ailo from time to time);
        2. bank account;
        3. cash (via Walk-in);
        4. cheques (via (Walk-in); and
        5. Third Party Payments
      7. When paying by card some cards carry more than one payment system function. These can be identified because they have either a Visa or Mastercard logo on the front of the card and an eftpos logo on the back of the card. A merchant can choose which payment system processes the transaction from those cards as both functions point to the same card account.
      8. All transactions will be processed in Australian dollars.
    4. Processing and settlement times
      Depending on the payment type you use to make payments, the payment could take up to three Business Days to be cleared and available for disbursement to a Payee's Account. Payments initiated on days that are not Business Days (for example, weekends or public holidays) will be processed on the next Business Day.
    5. Dishonoured or declined payments
      1. From time to time, payments may be declined or dishonoured by the Payer's financial institution. We will notify both the Payer and the Payee of such declines or dishonours. We will not charge for any declines or dishonours. Once the reason for the decline has been resolved between the Payer and the Payee, the Payer and Payee may agree to process a catch up payment (either via Ailo Pay or otherwise).
      2. If a declined or dishonoured payment has been notified to us after it has been credited to the Payee's Account, we will notify the Payee of the dishonour and reverse the payment within seven Business Days.
      3. We are not responsible and have no liability (to either the Payer or the Payee or any other person) for any declined or dishonoured payments.
    6. Subscription fees
      1. Ailo may charge subscription fees for particular products or services (I.e Compliance or Tax Depreciation Management) that have a minimum term with a minimum payable amount.
      2. If the Subscriber elects to sell a property or a Subscriber otherwise elects to end the subscription prior to the expiry of the term, the balance of subscription fees outstanding becomes immediately due and payable.
      3. Ailo shall be entitled to deduct the balance of subscription fees outstanding from a Wallet, before disbursing any remaining funds.
      4. Where a debt remains, and there are insufficient funds in their Wallet, Ailo may also recover funds directly from the Subscriber, including from the Subscriber bank account with the provision of seven Business Days notice.
    7. Adjustments
      We may from time to time, in our discretion, debit or credit any adjustments in respect of:
      1. Payments made due to an error or omission.
      2. Payments that are later declined, dishonoured, Invalid or unauthorised.
        in which case we will notify you and initiate the debit or credit within seven Business Days.
    8. Voided, stopped, deferred, deleted, reversed and refunded payments
      1. Credit and debit card payments cannot be stopped or voided once processed.
      2. Bank account, cash, cheque and Third Party Payments cannot be stopped or voided once processed.
      3. Any scheduled payments can be voided, stopped, deleted or deferred before processing by accessing Ailo.
      4. Payments made into your Wallet can be refunded back to your Account if any outstanding liabilities owed by you have been cleared.
      5. Once a payment has been disbursed from a Payer Wallet to a Payee Wallet, it cannot be refunded by us unless the transaction was Invalid. If you require a refund after a disbursement, and the transaction was not Invalid, you must contact Ailo to manage the process on your behalf.
    9. Invalid transactions
      A transaction is Invalid if:
      1. It is illegal.
      2. The Account details that were used are not valid at the time of the transaction.
      3. The Account was used without the authority of the Account owner.
      4. The approval supplied as part of the Ailo Pay sign up process was forged or unauthorised.
      5. The data supplied as part of the Ailo Pay sign up process was incomplete, inaccurate or illegible.
    10. Disputes and chargebacks
      1. You acknowledge that we are not responsible for ensuring that payments made using Ailo Pay are actually owed to the Payee. For example, we are not responsible for ensuring that the Payee has actually provided the relevant goods and services, or that rent payments are in the correct amounts.
      2. You acknowledge that you are responsible for accurately inputting information when scheduling a payment and reviewing and confirming the accuracy of such information before processing the payment. We are not liable to you in relation to any errors you make while inputting or reviewing this information.
      3. If a Payer disputes that a Payee is entitled to funds, for example because the Payee has:
        1. not supplied the goods and services as agreed;
        2. supplied goods and services that were faulty or of poor quality;
        3. charged for goods and services that were not authorised; or
        4. the transaction was Invalid,

          the process described in subclauses (v) to (ix) below applies.
        5. We will request that the Payee provides proof of the supply of the relevant goods or services and authorisation.
        6. The Payee must supply such proof within two Business Days. This proof may include, but is not limited to, the following:
          A. an approved quote (in the case of a repair or maintenance);
          B. proof of repairs undertaken (including but not limited to photos);
          C. signed contracts, management agreements or lease/rental agreements; and
          D. proof of relevant notification of a rent increase.
        7. We will supply the evidence provided by the Payee to the relevant Payment Facilities Provider.
        8. If the proof of supply and authorisation is not accepted by the Payment Facilities Provider:
          A. we will notify the Payee of the failed dispute, and direct debit the payment from the Payee's Account within five Business Days; and
          B. the Payee will need to recover the payment from the Payer via other means.
        9. If the Payment Facilities Provider informs us that it has accepted the proof of supply and authorisation, we will allow the payment to stand.
        10. To avoid any doubt, we have no control over, and are not responsible for, any decision or other action of the Payment Facilities Provider.
        11. Disputes can occur up to seven years from the date of supply. If you are a Payee, you must keep a record of both proof and authorisation of supply for seven years from the date of supply.
        12. If you are a Payee and we determine that Payers are regularly disputing that you are entitled to funds, we may (in our sole discretion):
        13. require you to rectify the issues causing these disputes; and/or
        14. terminate or suspend your access to Ailo Pay.
    11. Supply of goods and services
      1. You acknowledge that we, in providing Ailo Pay, facilitate payments from Payers to Payees pursuant to the relevant Payer's authorisation only. We do not guarantee that:
        1. the Payer will pay; or
        2. the Payee will supply the relevant goods or services.
      2. We have no responsibility to you for any matter between you and a Payee or Payer, including but not limited to the following:
        1. if you are a Renter:
          A. the supply of poor quality or inadequately maintained rental accommodation;
          B. your legal costs connected to recovering rent paid or bonds provided; or
          C. other legal costs, fines or fees incurred by you in relation to the non-payment of rent;
        2. if you are a Property Investor:
          A. the non-payment of rent or leasing and management fees;
          B. poor quality or inadequate maintenance and repair services;
          C. recovery or payment of direct or indirect taxes or levies, including, GST;
          D.your legal costs connected to recovering rent, fees, charges, deposits and other payments owed to you; or
          E. legal costs, fines or fees incurred by you in relation to the failure to supply adequate rental services; and
        3. if you are a Service Provider:
          A. the non-payment of services fees;
          B. your legal costs connected to the recovery of fees and charges for services performed by you; or
          C. legal costs, fees and fines incurred by you due to the failure to supply adequate maintenance and repair services.
    12. Verification of Payers and Payees
      1. We electronically capture, verify and validate Payees' details against standard verification databases wherever possible and lawful. We do not verify and validate Payers.
      2. Although we follow vetting processes, we do not guarantee:
        1. a Payer's or Payee's identity;
        2. that a Payer will pay or is authorised to pay;
        3. that a Payer will not attempt to or commit fraud against a Payee; or
        4. that a Payee will not attempt to or commit fraud against a Payer.
      3. You are responsible for:
        1. ensuring that our verification and authorisation processes are sufficient for your purposes before paying for, or supplying, goods and services; and
        2. assessing whether additional verification and authorisation steps are required to meet your commercial, legal or regulatory requirements relating to payment or supply.
    13. Ailo Pay drawings
      1. Payments, Fees, charges, adjustments and Invalid payments will be debited from the Account nominated by you in Ailo.
      2. Credit and debit card payments will be processed via merchant facilities supplied by our Payments Facilities Provider. The merchant facilities will be owned and operated by Ailo Pay Pty Ltd.
      3. Bank account direct debit payments will be processed via the Bulk Electronic Clearing System (BECs) by our Payment Facilities Provider. You request and authorise Ailo Pay Pty Ltd to direct debit your bank account using direct debit user ID 543950 (processed by Zepto Payments Pty Ltd); direct debit user ID 502574 supplied by Fat Zebra Pty Ltd) and direct debit user ID 488299 (supplied by GoCardless Ltd).
      4. Cash and cheque Walk-in payments will be processed via our Payments Facilities Provider. The Walk-in facility will be owned and operated by Ailo Pay Pty Ltd.
      5. Drawings under Ailo Pay will occur:
        1. when you specifically authorise us to debit your Account;
        2. when a payment that has been credited to your Account is subsequently dishonoured, charged back or deemed to be Invalid or unauthorised; or
        3. when you owe us fees or charges.
      6. If a drawing falls on a day that is not a Business Day, it will be debited from your Account on the next Business Day.
      7. If you wish to discuss or dispute the notified changes, contact us via the support functionality on the Ailo 'Help' page or by contacting support@ailo.io We will endeavour to get back to you within 48 hours or as soon as is reasonably practicable.
    14. Your rights
      1. (Enquiries) For payment or drawings specific enquiries you may:
        1. review your payment details and any payment transactions via Ailo;
        2. visit the 'Help' section of Ailo; or
        3. contact us via the support functionality on the Ailo 'Help' page, and we will endeavour to reply within 48 hours or as soon as is reasonably practicable. All enquiry communications should include your:
          A. business name and corporate entity name (if you are a business);
          B. contact details (including your name, mobile and the email you use to log in to Ailo); and
          C. reason for the enquiry.
      2. (Disputes) If you believe that a drawing has been initiated incorrectly, you should:
        1. in the first instance, contact us via the support functionality on the Ailo 'Help' page, and we will endeavour to reply to your enquiry within 48 hours or as soon as is reasonably practicable;
      3. if you do not receive a satisfactory response from us within 14 days, contact the organisation that issued your credit card or bank account (as applicable) who will respond to your claim:
        A. within five Business Days (for claims lodged within 12 months of the disputed drawing); or
        B. within 30 Business Days (for claims lodged more than 12 months after the disputed drawing),

        and if, after following this procedure, we cannot substantiate the reason for the drawing, you will receive a refund of the drawing amount.

        Note: Your financial institution will ask you to contact us to resolve your disputed drawing prior to involving them.
    15. Your obligations
      1. It is your responsibility to ensure that:
        1. your Account can accept these payments (your card issuer or financial institution can confirm this);
        2. on the drawing date, there is sufficient cleared funds in the Account;
        3. you advise us if the Account is transferred or closed; and
        4. you advise us of any new expiry date (in the case of a credit or debit card).
      2. If your drawing is dishonoured by your card issuer or financial institution then:
        1. you may be charged a fee and/or interest by your card issuer or financial institution;
        2. we will contact you informing you of the decline; and
        3. you may be charged a debt recovery fee and/or interest by the Payee.
  13. How will information about you be accessed and used?
    1. Your user profile and ratings
      Whether you are a Property Investor, Renter, Service Provider or Delegate, your user profile and ratings will be published on Ailo and accessible by other users of Ailo.
    2. Information you create and share when you use Ailo to manage leases and relationships
      1. Where you use Ailo to manage leases and associated relationships, the information you create and share on Ailo will be accessed by us and other users of Ailo. Some examples are set out in the clauses below.
      2. If you are a Property Investor (or a Delegate of a Property Investor), the information you create and share may be accessed by your PM Company and your Renters and Service Providers as you interact with those persons in the course of managing your property.
      3. If you are a Renter, the information you create and share may be accessed by your PM Company and Property Investor, and Service Providers engaged by your PM Company or Property Investor, as you interact with those persons in relation to your lease.
      4. If you are a Service Provider (or a Delegate of a Service Provider), the information you create and share may be accessible by PM Companies, Property Investors and Renters, as you interact with those persons in providing repair and maintenance services.
      5. Whether you are a Property Investor, Renter, Service Provider or Delegate, the information you create and share in relation to a property (for example information regarding repair and rental history, and photographs and other details of the property) will remain on the property's Ailo profile indefinitely, where it will be accessed by the property's future PM Companies, Renters, Service Providers and owners
    3. How we will use Your Data
      1. Your Data may be accessed and viewed by us. To the extent permitted by Law, we may use Your Data:
        1. to operate and manage Ailo, including by generating and sharing ratings for you and other users of Ailo;
        2. for any other purpose contemplated by these Terms and/or our Privacy Policy;
        3. to provide (and make offers to provide) products and services to you via Ailo; and
        4. to create and commercialise derivative, aggregated and anonymised works (for example, data products and reports) and make such works available to you and other Ailo customers.
      2. By sharing, creating, posting, uploading or otherwise allowing access to Your Data (or allowing Delegates to do this on your behalf):
        1. you represent and warrant that you are legally entitled to distribute such content to us and other persons as contemplated by these Terms; and
        2. you grant us a royalty-free, perpetual, irrevocable, sub-licensable right to use Your Data in the ways described in these Terms (and you warrant that you have all rights necessary to grant this licence, including in relation to any data generated by your Delegates).
      3. We have the right (but not the obligation) to remove any of Your Data that we reasonably consider violates these Terms or any applicable Law, without notice.
  14. Privacy
    1. Use of Personal Information
      1. We will handle all Uploaded Personal Information in accordance with the Privacy Policy.
      2. Where you make your Personal Information available to us by using Ailo, you consent to the collection, use, storage and disclosure of that information as described in these Terms, the Privacy Policy and any other policy posted on Ailo. We will use Uploaded Personal Information to the extent required to provide our products and services as described in these Terms and on Ailo.
      3. Where you make the Personal Information of others available to us by using Ailo, you must procure from each of those persons their consent to the collection, use, storage and disclosure of their Personal Information as described in these Terms, the Privacy Policy and any other policy posted on Ailo.
      4. We will not disclose any Uploaded Personal Information to third parties except to the extent required to provide our products and services as described in these Terms (for example, to service providers who are contracted by us to support our functions, and as described in clause 13).
      5. You warrant that:
        1. any Uploaded Personal Information was lawfully collected and made available to us (and other third parties as contemplated by these Terms); and
        2. you have complied and will comply with the Privacy Act (whether or not actually bound by that Act) in relation to that Uploaded Personal Information including by:
          A. obtaining and maintaining any necessary consents from the individuals to whom the Uploaded Personal Information relates;
          B. providing necessary notifications to the relevant individual that his or her Personal Information will be disclosed to us; and
          C. directing the relevant individuals to the Privacy Policy.
    2. Privacy collection notice
      1. We collect and use your Personal Information to make Ailo available to you, to respond to your enquiries, to receive your feedback, to ensure we can contact you regarding Ailo, for our business operations and to comply with the Law. We may also use information regarding your use of Ailo for data analytics purposes (that is, to create and distribute to third parties aggregated, anonymised data products). Where you have opted in to receiving marketing materials from us, we also use your Personal Information to provide you with offers for products and services from us or our partners.
      2. The Privacy Policy tells you how we usually collect, use and disclose your Personal Information and how you can ask for access to it or seek correction of it. The Privacy Policy also contains information about how you can make a complaint and how we will deal with such a complaint. If you would like further information about our privacy policies or practices, please contact us using the contact details contained in the Privacy Policy.
  15. Intellectual Property Rights
    1. Your Data and Our Data
      1. Ailo facilitates the sharing of information in a number of ways, including as follows:
        1. we make Ailo available to you;
        2. you share Your Data with us;
        3. you share information with other users of Ailo that you engage with via Ailo, including as described in clause 5; and
        4. we make Your Data available to other users of Ailo on an anonymised basis, as described in clause 14.2(a).
      2. The ownership of Intellectual Property Rights is as follows:
        1. you own (or license from third parties) all Intellectual Property Rights in any material you upload to Ailo (to the extent any Intellectual Property Rights subsist in such material); and
        2. we own (or license from third parties) all Intellectual Property Rights in Ailo and Our Data.
      3. You grant us a licence to any material you upload to Ailo in accordance with clause 14.1(e) above.
      4. We grant you a perpetual, non-exclusive, non-transferable, non-sub-licensable licence to use and access (and permit your Delegates to use and access on your behalf), solely for the Permitted Purposes, any graphs, reports, data products and other material we generate (and/or any other Our Data) and provide to you. If you wish to use such material for any purpose other than a Permitted Purpose, you will seek our prior written consent. If such consent is granted, you may be required to enter into a separate agreement with us.
      5. To the maximum extent permitted by Law, including the Australian Consumer Law, you agree that:
        1. we make no warranties or representations (including as to non-infringement) regarding any material we generate and provide to you, and any Intellectual Property Rights therein; and
        2. you will not bring any claims against us in connection with any other user's data and any Intellectual Property Rights therein.
    2. Licence to Ailo
      1. Provided you have paid any Fees that are due, we grant you, for the Term, a non-exclusive, non-transferable, non-sub-licensable licence to use and access (and permit your Delegates to use and access on your behalf) Ailo (in relation to the particular products and services that you have subscribed to) in accordance with these Terms and solely for the Permitted Purposes. If you wish to use Ailo for any purpose other than a Permitted Purpose, you will seek our prior written consent. If such consent is granted, you may be required to enter into a separate agreement with us.
      2. All other use, reproduction or redistribution of Ailo or any part of it is prohibited (except to the extent permitted by Law) and may result in civil and criminal penalties.
  16. Conditions of access
    You agree:
    1. To use Ailo in a manner that complies with all applicable Laws and is courteous to other users at all times;
    2. Not to copy, modify, merge, alter, adapt, translate, de-compile, disassemble or reverse-engineer any aspect of Ailo or to otherwise attempt to derive the source code relating to any aspect of Ailo, or to merge any software or any part of any software with any aspect of Ailo unless expressly permitted by these Terms or with our prior written consent;
    3. Not to interfere in any manner with Ailo or its source code or any work product of Ailo (except as permitted by these Terms);
    4. Not in any circumstances to sell or license, offer for sale or license, dispose of, pledge, encumber, underlet, lend or part with possession of its access credentials to Ailo, nor to allow any person to use or have the benefit of Ailo or any part or parts of the software, other than as permitted by these Terms;
    5. Not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of Ailo;
    6. Not to use any data mining, gathering or extraction tools (excluding tools we provide for your use); and
    7. Not to access or use Ailo, or post, provide or transmit data in any way that:
      1. violates or infringes the rights of others including, without limitation, Intellectual Property Rights;
      2. is unlawful, offensive, indecent, objectionable, harassing, threatening, abusive, defamatory, fraudulent, tortious, or invasive of another's privacy;
      3. impersonates any person, business or entity, including us or our affiliates, employees and agents;
      4. misrepresents your authority to act (including, without limitation, in relation to making or receiving payments using Ailo Pay);
      5. includes personal or identifying information about another person without that person's consent to the use and handling of that person's information as contemplated by these Terms and as set out in Ailo's Privacy Policy and any other policy posted on Ailo;
      6. is false, misleading, or deceptive;
      7. violates these Terms or any policy posted on Ailo;
      8. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
      9. interferes with the use of Ailo by other users (or potential users) of Ailo;
      10. could damage, disable or impair the servers or networks used by Ailo or its users; or
      11. advertises products or service.
  17. Security of access credentials
    1. When you login to Ailo, we will provide you with account access credentials. You are responsible for keeping these access credentials secure. You must immediately notify us, by messaging us via the 'Support' functionality on the Ailo 'Help' page, of any suspected or actual unauthorised use of your access credentials (including if you believe someone has or may schedule payments without your permission or if you believe your access credentials has been compromised).
    2. You must not permit any third party to use your access credentials to log in to Ailo. To avoid any doubt, this does not prevent you from allowing your Delegates to use Ailo on your behalf (but such Delegates must use their own personal access credentials).
    3. We and our Related Bodies Corporate, contractors, suppliers and licensors will not be liable in relation to:
      1. any acts or omissions made by or on behalf of you; or
      2. any unauthorised use of your account,
        including in respect of any resulting damages of any kind.
      3. We will use reasonable endeavours to implement industry standard safeguards with respect to Ailo, however security is a joint responsibility and you are solely responsible for:
      4. maintaining the security of your ICT environment and your access credentials; and
      5. all activities that occur under your account (whether or not authorised by you).
  18. Updates and enhancements
    We may (but are not required to):
    1. Provide standard or progressive updates, changes or amendments to Ailo as we see fit to ensure proper operation and interaction of all parts of Ailo and any general enhancements that may be introduced; and
    2. Offer new products, services and/or features for Ailo (which may incur a different set of Fees), which will be subject to these Terms.
  19. Third party software and content
    1. Your use of Ailo may or may not require the installation of third party software or products. You agree that:
      1. this is entirely your responsibility; and
      2. we are not responsible in any way to make recommendations in that regard nor to supply or install such software or products.
    2. Third party content (including links to third party websites) may be accessible via Ailo. You acknowledge that we have no control over any such third party content, and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such third party applications and content.
  20. Warranties and disclaimers
    1. To the maximum extent permitted by Law, including the Australian Consumer Law, Ailo is made available "as is" and we make no warranties or representations about Ailo, including but not limited to warranties or representations that it will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, that data will be accessible or backed-up, or that Ailo will be secure. All implied terms, conditions, warranties and any other additional obligations are excluded from these Terms, to the maximum extent permitted by Law.
    2. We reserve the right to restrict, suspend or terminate, without notice, your access to Ailo at any time where we determine, in our sole discretion, that this is necessary for purposes related to the efficient, proper and lawful operation of Ailo. We will not be responsible for any loss, cost, damage or liability that may arise as a result.
    3. We will use commercially reasonable efforts to make Ailo available, subject to the need to conduct scheduled and emergency maintenance from time to time.
    4. We cannot and do not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through, or stored in or via Ailo. You acknowledge that despite our commercially reasonable efforts to secure and store safely all Your Data on Ailo:
      1. we cannot guarantee that third parties will not succeed in penetrating its systems by nefarious actions; and
      2. Ailo is not intended to be a data back-up or recovery service, and we make no assurances that data will be retained or not be lost.
    5. We cannot guarantee and do not promise any specific results from the use of Ailo. The information made available to you via Ailo should be treated as general indicative information only and should not be relied upon by you. To the extent permitted by Law, including the Australian Consumer Law, we make no warranty regarding such information.
  21. Indemnity and liability
    1. You will defend, indemnify and hold us (and our Related Bodies Corporate) harmless from and against any and all claims, suits, losses, damages, liabilities, costs and expenses brought by third parties resulting from or relating to:
      1. your breach of these Terms or any representation or warranty given to us (including through your Delegate);
      2. any claim that Your Data, as provided by or on behalf of you, infringes or misappropriates the rights (including Intellectual Property Rights) of any third party; or
      3. any claim brought by a third party resulting from or relating to your use of Ailo for the purposes contemplated by clause 5.
    2. To the maximum extent permitted by Law, including the Australian Consumer Law:
      1. we shall not be liable under any circumstance for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Ailo (including your Delegates' use of Ailo), or as a result of the inaccessibility of Ailo and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; and
      2. our maximum liability arising out of or in connection with these Terms and Ailo, whether in contract, tort, breach of warranty or otherwise, will not exceed US$100.
  22. Termination
    1. Ceasing use of products and services
      The licence granted to you pursuant to clause 15.2 in relation to a particular product or service you have subscribed to continues until:
      1. You terminate your access to the particular product or service by completing the unsubscribe process;
      2. We terminate your access to the particular product or service, or Ailo, in accordance with clause 20(b); or
      3. We cease to offer the particular product or service (which we may do at any time in our sole discretion, provided that we refund any Fees for use of the particular product or service that you have paid in advance).
    2. Ending this agreement
      1. These Terms commence upon your first use of or access to Ailo and continue in full force and effect until:
        1. you terminate your access to Ailo by completing the unsubscribe process; or
        2. we terminate your access to Ailo in accordance with this clause 20(b),(Term).
      2. We may (without notice to you):
        1. terminate these Terms or suspend your access to Ailo and/or any individual product or service available via Ailo; and
        2. prevent your further access to Ailo and/or any individual product or service available via Ailo,

          if any of the following apply:
        3. you breach any provision of these Terms (including where your Delegate breaches a provision of these Terms);
        4. you are an individual and:
          A. you become bankrupt or insolvent, or
          B. you enter into an arrangement or composition with your creditors;
        5. you are a business and:
          A. you become bankrupt or insolvent, or have an official manager or receiver appointed and there are proceedings to "wind" you up;
          B. you go into liquidation;
          C. you enter into an arrangement or composition with your creditors; or
          D. you cease business; or
        6. we reasonably determine that this is necessary for the secure and lawful operation of Ailo.
      3. Upon termination, you must cease all use of Ailo, and we reserve the right to delete your account and Your Data.
      4. Termination or expiry of these Terms does not relieve the parties of any accrued rights or liabilities, including with respect to outstanding or accrued Fees.
      5. To the full extent permitted by Law, we will not be responsible for any loss, cost, damage or liability that may arise from us exercising our rights under this clause 20(b).
  23. Resolving disputes
    1. We do not control users of Ailo and are not liable for their acts, omissions, opinions or behaviour (including any information, advice, defamatory statements or offensive conduct).
    2. Without limitation to clause 18(a), we do not control the interactions that may take place between users via Ailo. For example, we have no control over any dealings between PM Companies, Property Investors, Renters and Service Providers.
    3. We reserve the right, but have no obligation, to become involved in or monitor disputes between you and other users of Ailo.
  24. GST
    1. To the extent that any supply by us to you under or in connection with these Terms constitutes a taxable supply, any consideration payable by you to us will be increased by the applicable amount of GST (GST Amount), which shall be calculated by multiplying the amount upon which GST is payable by the prevailing rate of GST. This clause does not apply to the extent that the consideration for the supply is expressly stated to be GST inclusive.
    2. We must provide to you, if requested, a valid tax invoice at or prior to the time of payment of any GST Amount.
    3. To the extent that any adjustment occurs in relation to a taxable supply, we must issue an adjustment note to you within 28 days of becoming aware of the adjustment and any payment necessary to give effect to such adjustment must be made within seven days after the date of receipt of the adjustment note.
  25. Survival of provisions
    On termination or expiry of these Terms, rights and obligations which are intended to survive, or by their nature survive, termination will continue in full force and effect notwithstanding such termination or expiry,
  26. Severability
    Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
  27. No waiver
    A failure to exercise or a delay in exercising any right, power or remedy under these Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
  28. Entire agreement
    These Terms contain the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. Neither party has relied on or is relying on any other Conduct in entering into these Terms and completing the transactions contemplated by it.
  29. Jurisdiction and governing law
    These Terms and your use of Ailo is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
  30. Defined terms
    Account means a credit and debit card (Visa and Mastercard supplied by the card issuer) or bank account (supplied by a financial institution), as nominated by a Payee or Payer when signing up to Ailo Pay.

    Ailo means the Ailo platform (available via the web or a mobile application) offering a communication and practice management service. The term Ailo includes all products and services accessible via the platform (including Ailo Pay), and all Ailo Content.

    Ailo Content means the Intellectual Property Rights in Ailo or otherwise made available to you through your use of Ailo (including data, text, graphics, logos and software, and any compilations of such materials). Ailo Content does not include Our Data or Your Data.

    Ailo Pay means the Ailo Pay service provided by us (including through our Payment Facilities Providers) and used by you to make payments to a Payee or collect payments from a Payer.

    Asset means those items or fixtures associated with a property, i.e. electrical appliances, carpets, curtains, extensions etc, that can be depreciated and accounted for as part of a tax return.

    Business Day means a weekday on which trading banks are open for the transaction of banking business in Sydney, Australia.

    Delegate means an individual person who (although using his or her own personal access credentials) interacts with Ailo on behalf of, and as agent for, a Property Investor, Renter or Service Provider. For example:
    1. an employee, contractor or other representative of a Service Provider who uses Ailo on behalf of the Service Provider; and
    2. a spouse or agent (for example, an accountant, lawyer or conveyancer) of a Property Investor who uses Ailo on behalf of the Property Investor.

    Depreciation Management Service means the service, provided in partnership with a Depreciation Service Provider and facilitated via Ailo, that generates a depreciation report for a Property Investor.

    Depreciation Service Provider means that vendor, selected by Ailo from time to time, to offer depreciation services to Property Investors facilitated by Ailo.

    Fees has the meaning given in clause 4.

    ICT means Information and Communications Technology

    Insurance Management Service means the service, provided in partnership with a Insurance Service Provider and facilitated via Ailo, that generates an insurance policy for a property Property Investor.

    Insurance Service Provider means that vendor, selected by Ailo from time to time, to offer insurance services to property Property Investors facilitated by Ailo.

    Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which subsist or may hereafter subsist anywhere in the world.

    Invalid has the meaning given to that term in clause 7.8.

    Invoice Financier means that organisation (Ailo) that has purchased an invoice from a Service Provider for goods and services supplied to a Renter, Property Investor or PM Company. Ailo takes on the responsibility of collecting the value of the invoice (via Ailo Pay) but does not take on the responsibilities for quality or supply of these goods or services.

    Laws means any applicable law, statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, whether made by a State, Federal, or a local government, and includes common law and the principles of equity as applicable from time to time, and any applicable legally binding industry codes of conduct.

    Our Data means any new data created by us (including by conducting analytics on or aggregating or collating Your Data and other information), including ratings we generate in relation to you and other Ailo users.

    Payee means an individual or other entity with legal personality that has an agreement with us to use Ailo Pay to receive payments (for example, rent or payments for other property-related goods or services) from a Payer.

    Payer means an individual or other entity with legal personality that has an agreement with us to use Ailo Pay to make payments (for example, rent or payments for other property-related goods or services) to a Payee.

    Payment Facilities Providers means those organisations, including banks, that supply underlying payments facilities to us to allow us to provide Ailo Pay.

    Permitted Purposes means:
    (a) where you are a Property Investor, legitimate purposes related to the management of your properties (for example, managing your relationships with PM Companies, Renters and Service Providers);

    (b) where you are a Renter, legitimate purposes related to your lease (for example, managing your relationships with PM Companies, Property Investors and Service Providers); and

    (c) where you are a Service Provider, legitimate purposes related to you providing repair and maintenance services to Property Investors and PM Companies (for example, communicating with Property Investors, PM Companies and Renters), as applicable, but excludes seeking to commercialise Ailo or Our Data, or distributing them or otherwise making them available, other than in accordance with these Terms.

    Personal Information has the meaning given to that term in the Privacy Act 1988

    PM Company means a legal entity (whether an individual sole trader, a partnership or a body corporate) that is the owner or operator of a real estate business.

    Privacy Act means the Privacy Act 1988 (Cth).

    Privacy Policy means the Ailo privacy policy available at ailo.io/privacy.

    Property Investor means an individual or other entity with legal personality that owns a property. A Property Investor may rent a property to a Renter

    Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

    Renter     means an individual or other entity with legal personality that rents a property from a Property Investor

    Service Provider means an individual or other entity with legal personality such as councils, tax departments, strata management companies, banks, insurers, utilities and trades people who provide services to a Property Investor, Renter or PM Company

    Subscriber means an individual or other entity with legal personality that subscribes to a paid Ailo product or service where there is an agreed fee and term provided.

    Term has the meaning given in clause 17.2(a).

    Terms means these Ailo Terms for Property Investors, Renters and Service Providers.

    Third Party Payments means those payments made by a Payer to a Payee via Ailo, utilising third parties, for example Centrelink (Centrepay) or a Bank (Branch, BPay, Internet Banking, Electronic Funds Transfer, Osko).

    Trust Account means that bank account supplied by an authorised financial institution to the PM Company that is regulated under the Estate Agents Act relevant to their state of operation.

    Uploaded Personal Information means any Personal Information uploaded or made available by you through your use of Ailo, or otherwise collected by us in connection with your use of Ailo.

    Walk-in means that service provided by our Payment Facilities Provider that allows payers to pay a payee by cash and cheque ‘over the counter’ at designated locations.

    Wallet means a virtual account managed and operated by us that stores your funds so that you can disburse funds to Payees and/or receive funds from Payers.

    Your Data means any data:
    (a) shared, uploaded or created by you (including through a Delegate) when interacting with Ailo; or
    (b) otherwise made available to us in connection with your use of Ailo.