MePay

1. The purpose of this FSG

This Financial Services Guide (FSG) is an important document prepared by MePay Holdings Pty Ltd ABN 55 638 819 575 / AFSL no 528836 (Issuer, we, us or our). Our contact details are set out at section 9 of this FSG. 

Unless expressly stated otherwise, all references to “you” in this FSG are references to either a payer tenant/renter (Payer) or a payee landlord/rental provider or their real estate agent (Payee) (as applicable) and all statements in this FSG apply to both a Payer or a Payee unless otherwise explicitly stated. The purpose of this document is to inform you of those matters required under the Corporations Act 2001 (Cth) (Act) and the regulations made pursuant to the Act and to assist you in deciding whether to use the financial services we provide in relation to MePay. It includes information about:

• the products and services we provide; 
• the benefits paid to us and others in connection with our services; 
• details of any associated or relationship that might affect the services we provide; and
• our dispute resolution processes and how you can access them. 

We recommend that you read and understand this FSG before you engage us to provide you with any financial services. If you have any questions, please contact us.

2. Financial services we provide

We are authorised to:

• provide general financial product advice for deposit and payment products limited to non-cash payment products; and
• deal in a financial product by:
  • issuing, applying for, acquiring, varying or disposing of deposit and payment products limited to non-cash payment products; and
  • applying for, acquiring, varying or disposing of a financial product on behalf of another person in respect of deposit and payment products limited to non-cash payment products,

to retail and wholesale clients.

Some or all of these services will be provided by us in relation to MePay, which is a financial product known as a “non-cash payment product”.

The financial services provided by us in relation to MePay include marketing the service, providing recommendations and opinions regarding the use of the service, and issuing and making the service available to clients. Where we offer Payees the ability to receive payments, we are providing a financial service to that Payee. Where we offer Payers the ability to use MePay to make payments to Payees, we are providing a financial service to that Payer.

3. Who do we act for when providing the financial services?

We act as principal when providing financial services, and not on behalf of any other service provider or licensee. We are responsible for the financial services we provide to you under our AFSL. We also do not act on behalf of any Payer or Payee when providing financial services.

4. Client instructions and communications

Our role in making MePay available to our clients will include:

• communicating to eligible clients about the availability and features of the service;
• facilitating the client registration process including provisioning, maintaining and hosting an online registration portal, and providing the PDS for the service;
• providing payment acquiring and disbursal functionality to effect transactions; and
• providing help desk support and communication to clients using the service.

Clients can give us instructions or communicate with us by using the contact details set out at section 9 of this FSG. Generally, clients need to give us instructions in writing via email, or another method as agreed between us and the client.

5. Benefits received by us

5.1 Fees and charges

The PDS sets out the fees and charges that apply to our services. See section 10 of the PDS.

5.2 Remuneration or other benefits received by our staff

Our staff are salaried employees and do not receive any volume based fees or commissions in connection with MePay. Staff members may be entitled to receive additional monetary rewards resulting from programs run by us. Additional monetary benefits or rewards may include an annual bonus, the level of which may depend on the overall performance of the staff member or us.

You may request particulars of the remuneration or other benefits set out above but you must make such a request within a reasonable time of being given this FSG and before we provide you with any financial service described in it.

6. Conflicts of interest

We do not have any relationships or associations which influence us when provide you with our services.

7. Other disclosure documents you may receive

This FSG only sets out the range of financial services and the type of financial product that we are authorised to provide under our AFSL in relation to MePay. If we provide you with other financial services, we may provide you with a separate FSG containing information relevant to those services.

This FSG should be considered along with the MePay PDS (which begins from page 7 of this document).

8. Compensation and insurance arrangements

We hold a professional indemnity insurance policy, which satisfies the requirement for compensation arrangements under section 912B of the Act. Subject to its terms and conditions, the policy provides cover for civil liability resulting from third party claims concerning the professional services provided by us and our employees and representatives. The policy covers professional services provided by our employees and representatives while they are in our employ, even where that employee or representative has subsequently left our employ.

9. How to contact us

If you have any questions regarding the information contained in this FSG and PDS, or any other general enquiries in relation to MePay, please contact our support team by email at [email protected].

If you would like to be sent a paper copy of this FSG and PDS, or any updates, please contact us using the email address shown above.

10. What to do if you have a concern

10.1 Contacting us

You should contact us immediately if you have any concerns related to your use of MePay, including where you suspect an error has occurred with a payment. You should do this by emailing us at [email protected].

10.2 What we will do

We will promptly look into your concern and decide what course of action should be taken. We will seek to resolve your concern within 5 business days. If this is not possible, we will keep you informed of progress and how long it is expected to take to resolve.

10.3 If you are not satisfied with our response

If you are not satisfied with the response we give you to resolve your concern or complaint, you have the option of contacting the Australian Financial Complaints Authority (AFCA), the external dispute resolution scheme of which we are a member.

You can contact AFCA by:

• calling 1800 931 678;
• emailing [email protected]; or
• post to:
  Australian Financial Complaints Authority Limited, GPO Box 3 Melbourne, VIC 3001

AFCA also has an online complaints form: https://www.afca.org.au/about-afca/contact-us/

You can choose to take your complaint directly to AFCA.

Please note that in some circumstances AFCA may refer your complaint back to us.

11. Privacy

You consent to us collecting, using and disclosing your personal information for the purpose of making MePay (and associated services that you request) available to you. You can read more about how we protect and handle your personal information in the PropertyMe Group Privacy Policy, found on our website at: www.propertyme.com.au/privacy.

1. Important information

This Product Disclosure Statement (PDS) is an important document. It provides information relating to MePay to assist you in making an informed decision about whether to use MePay.

Please read all of this PDS carefully before deciding whether to acquire the products or services.

The information in this PDS is current as of the date of issue. The information in this PDS (including the products, services, fees and charges) may change from time to time.

Unless expressly stated otherwise, all references to “you” in this PDS are references to either a payer tenant/renter (Payer) or a payee landlord/rental provider or their real estate agent (Payee) (as applicable) and all statements in this PDS apply to both a Payer or a Payee unless otherwise explicitly stated.

2. Who are we?

We are part of the PropertyMe Group, which operates a business management software platform primarily for real estate agents, tenants and owners to manage arrangements relating to real property. The PropertyMe platform facilitates certain aspects of the tenancy lifecycle, including communication, inspections, reporting, maintenance requests, billing, arrears and trust accounting.

3. What is MePay?

MePay is an integrated payment product that provides Payees with an easy way to receive payments from Payers.

4. How does MePay work?

MePay facilitates property expense payments from Payers to Payees. Expenses may include rent and invoices. It allows Payers to control their payment schedule and nominate preferences such as payment method, date, and amount.

MePay supports one-off, automatic and recurring payments to allow for the making and collection of payments from the Payer to the Payee. Currently, MePay supports direct debit payments only.

The Payee can setup payment requests by logging into their PropertyMe Platform account and turning MePay payments on for the relevant Payer. This will then enable the Payer to initiate a payment via their PropertyMe Tenant Platform account. The Payee must nominate the bank account into which it will receive payment funds, which can be nominated via their PropertyMe Platform account settings.

The Payer must login to their PropertyMe Tenant Platform account and use the platform prompts to provide us with the amount to be received by a Payee (the amount to be determined by the Payee), details of their nominated payment source and an authorisation for us to take payment. Payers can also setup automatic payments (ie, where the amount due will automatically be debited from their account 3 business days before the rent or invoice due date) or custom recurring payments (eg, schedule a recurring payment at the same time each week or another nominated frequency). For direct debit payments we will require a direct debit authorisation. The direct debit authorisation is available in the MePay Terms and Conditions or a copy can be requested from us at any time by emailing us at [email protected].

Payment funds will be received by us in our MePay transit account. Once the funds are cleared and the payment instruction is processed, we will disburse the payment funds to the Payee’s nominated account.

Refer to page 12 for the MePay Terms and Conditions.

5. Your agreement with us

If you sign up to use MePay, your agreement with us will comprise this combined FSG and PDS, as well as the applicable MePay Terms and Conditions. If you are making payments via direct debit, the terms of the direct debit authorisation also form part of your agreement with us.

6. Benefits

A summary of the key benefits of MePay is set out below.

7. Risks

Using MePay carries some risks. A summary of the key risks is set out below.

8. Taxation implications

Using MePay may have tax implications. The taxation consequences can be complex and will differ for each user’s financial circumstances. We recommend that you obtain independent taxation and accounting advice in relation to the impact of these transactions and MePay on your particular financial situation.

All funds received by a Payee by using MePay will usually have the same character from a taxation perspective as funds received from Payers through traditional payment methods. You should obtain independent taxation advice as this may not be the case for all payments and the payments of fees and charges that we charge in relation to the services may not be deductible in all circumstances.

9. What to do if you have a concern

Section 10 of the FSG sets out our dispute resolution processes if you have a concern, including contact details.

10. Fees and charges

1. Introduction

1. MePay is a payments product that enables landlords/rental providers or their real estate agent (Payees) to receive one-off, automatic and recurring payments from tenants/renters (Payers) (each referred to as “you” or “your”, as applicable to your situation) via direct debit.
2. MePay is operated by MePay Holdings Pty Ltd (ABN 55 638 819 575 / AFSL 528836) and/or its subsidiaries and affiliates (referred to as “PropertyMe”, “we”, “our” or “us”).
3. These terms of use (Terms) govern your application for, and ongoing use of, MePay. 
4. By making an application for, or otherwise using, MePay, you agree to be bound by these Terms. You must not use MePay if you do not agree with these Terms.
5. MePay is part of the PropertyMe Platform. Use of the PropertyMe Platform is subject to separate terms and conditions (PropertyMe Terms) that are available at:
   1. For Subscribers: https://www.propertyme.com.au/terms. 
   2. For Invited Users: https://www.propertyme.com.au/inviteduserterms. 
6. These Terms apply in addition to the PropertyMe Terms.  
7. These Terms will prevail to the extent of any inconsistency with the PropertyMe Terms in relation to the MePay product only.  
8. These Terms do not otherwise affect your rights or obligations under the PropertyMe Terms.

2. Application

1. To be eligible to use MePay:
   1. For Payers: you must be an Invited User and have valid Authentication Credentials;
   2. For Payees: you must
      1. be a Subscriber or Invited User; and
      2. nominate at least one Payer who is an Invited User who is authorised to provide instructions to us on your behalf relating to your use of MePay;
   3. you must comply with any customer due diligence or ‘know your customer’ requirements imposed by us.
2. You are responsible for ensuring that all information provided to us to setup your use of MePay is correct and complete. You acknowledge and agree that we are not responsible for any consequences that arise out of your provision of incorrect or incomplete information to us.
3. You will be able to access help by contacting us at [email protected].

3. Our relationship

1. These Terms govern the basis on which we enable Payees to receive payments from Payers. 
2. While we have a relationship with Payers pursuant to these Terms, we do not accept instructions from Payers to make a payment to Payees. Payers provide payment instructions (either directly or via us as the Payer’s agent) to their financial institution. Payers’ financial institutions are responsible for accepting payment instructions. These Terms do not modify the terms of any relationship between a Payer and their financial institution.

4. Availability of MePay

1. MePay relies on the provision of services by third party providers. Therefore, your use of MePay may be disrupted by failures resulting from third party services. 
2. MePay could be disrupted if system failure occurs due to technology used by either us or third parties involved in providing MePay, including payments systems utilised by your financial institution. MePay may also be unavailable for short periods due to necessary system maintenance or upgrades. If this is required, we will try to inform you beforehand. 
3. Subject to clause 11.1 and to the maximum extent permitted by applicable law, we are not responsible or liable to you for any Loss or Claim arising from MePay or any part of it being delayed, disrupted or unavailable for reasons beyond our control.

5. Your MePay Account and card

1. You must nominate:
   1. For Payers: one MePay Account to debit any amounts payable to us and to fund payments to Payees;
   2. For Payees: two MePay Accounts:
      1. one MePay Account to deposit Disbursements to you; and
      2. one MePay Account to debit any amounts payable to us.
2. Payees must also nominate a credit card which may be used to charge any fees arising under clause 7.1 (if applicable). If you do not nominate a credit card, you acknowledge and agree that we are authorised to use the credit card already linked to your PropertyMe Platform account to charge any fees.
3. Your MePay Account and (for Payees) credit card must be:
   1. For Payers: in your name;
   2. For Payees: in your name or the relevant agency business’ name.
4. You must give us at least five Business Days’ notice of any change to your MePay Account or (for Payees) credit card.

6. Payments

6.1 Setting up payments

1. A Payee must activate MePay for each nominated Payer in their PropertyMe Platform account.
2. Payers can setup one-off, automatic or recurring payments through MePay via the PropertyMe Tenant Platform.
3. Automatic and recurring payments will be treated as Payment Instructions from you on each relevant date that we have authority to initiate such payments.

6.2 Automatic payments

1. Automatic payments is a feature that will automatically initiate a payment in relation to rental requests or invoices as they become due.
2. Payers can setup, change or turn off automatic payments through MePay via the PropertyMe Tenant Platform.
3. By setting up automatic payments, you authorise us to debit your MePay Account three Business Days prior to the due date.
4. We will notify you via email two days prior to an automatic payment being initiated. However, in some circumstances you may not receive this email notification (eg, due to yours or your email provider’s spam functionality) and it is your responsibility to ensure that you are aware of the frequency of automatic payments and that you have sufficient funds in your MePay Account to fulfil the payment.
5. While automatic payments can assist with the administration of your payments, you acknowledge and agree that you remain entirely responsible for all payments being made to a Payee by their due date.
6. You acknowledge and agree that we:
   1. can continue to process automatic payments until you change or stop such payments through the PropertyMe Tenant Platform; and
   2. may cancel future automatic payments if a payment is dishonoured (see section 8).

6.3 Recurring payments

1. Recurring payments is a feature that allows Payers to set a custom schedule to make payments to Payees on nominated days. For example, a Payer may set a custom schedule to pay $300 every Wednesday.
2. Payers can setup, change or turn off recurring payments through MePay via the PropertyMe Tenant Platform.
3. By setting up recurring payments, you authorise us to debit your MePay account for the amount and on the days specified in your custom schedule.
4. We will notify you via email two days prior to a recurring payment being initiated. However, in some circumstances you may not receive this email notification (eg, due to yours or your email provider’s spam functionality) and it is your responsibility to ensure that you are aware of the frequency of recurring payments and that you have sufficient funds in your MePay Account to fulfil the payment.
5. While recurring payments can assist with the administration of your payments, you acknowledge and agree that you remain entirely responsible for all payments being made to a Payee by their due date.
6. You acknowledge and agree that we:
   1. can continue to process recurring payments until you change or stop such payments through the PropertyMe Tenant Platform; and
   2. may cancel future recurring payments if a payment is dishonoured (see section 8).

6.4 Changing or stopping future payments

1. Payers can change or stop an upcoming automatic or recurring payment through the PropertyMe Tenant Platform. This includes changing the payment type (for example, automatic to recurring), amount or date of the payment, or stopping all upcoming payments.
2. Payees can stop a Payer’s payment schedule by:
   1. adding a ‘move out’ date into the Payer’s account in the PropertyMe Platform; or
   2. turning off MePay for a nominated Payer.

6.5 Transaction history

1. Payers can see their transaction history via the PropertyMe Tenant Platform.
2. Payees can see their transaction history via the PropertyMe Platform.

6.6 Payment limits

Individual Payer transactions processed through MePay cannot exceed $10,000.

6.7 Refunds

1. When we operate MePay, we enable Payees to accept payments from Payers. Payers must contact the Payee directly for a refund or reversal of an authorised payment.
2. We may not have authority to reverse or refund authorised payments.

6.8 Changing your payment details

You can change your payment details:

1. For Payers: by logging into your PropertyMe Tenant Platform account;
2. For Payees: by logging into your PropertyMe Platform account.

6.9 Payments processing

1. 1. Payers authorise us to process Payment Instructions that have been sent to us through MePay.
   2. Payment Instructions will be processed and Disbursements made in accordance with the following timeframes:

1. We will notify you if processing a Payment Instruction or making a Disbursement is unsuccessful.
2. We are not responsible for the actions or omissions (including any delays in response times) of any financial institutions which may result in delaying or denying a Payment Instruction or a Disbursement.
3. We may choose to not process a Payment Instruction or Disbursement if we reasonably believe the payment may be illegal, invalid, fraudulent or void.
4. You are responsible for the accuracy and completeness of all Payment Instructions sent for processing. You acknowledge and agree that we are not responsible for checking the accuracy and completeness of any information contained within a Payment Instruction.
5. You appoint us as your agent with the power to contact and liaise with third parties in relation to your use of MePay, including to investigate why Payment Instructions or Disbursements may not have been processed correctly and to instruct third parties to remedy any errors identified. We may delegate our power under this agency arrangement in whole or in part to any person. If we ask you to do so, you must confirm this agency arrangement to relevant third parties in writing.
6. If we or a third party identify any activity or circumstance relating to your use of MePay that we consider inappropriate or otherwise requires investigation, you must provide a detailed written response to us within two Business Days of our request for an explanation.

6.10 Mistaken payments

1. It is your responsibility to ensure that any Payment Instructions are accurate.
2. You should report a mistaken payment by contacting us as soon as possible after you become aware of it. Any delays may impact our ability to recover funds on your behalf. We will need to collect information from you that will allow us to investigate and determine whether a mistaken payment has occurred.
3. If we are not satisfied that a mistaken payment has occurred, we will not take further action and you will be liable for any Loss or Claim arising from the payment.

6.11 Disputed payments

1. The Payer should contact the Payee if you require specific information about your payment. If you have a dispute regarding any payment processed on your behalf, your Payee knows what amounts you owe and what amounts you have paid.
2. If any payment dispute remains unresolved, you should contact your financial institution and lodge the relevant customer claim form. Your financial institution may investigate whether or not the payment in dispute was authorised by you. Accordingly, you authorise us to provide your financial institution with any information it may require to determine your claim.
3. If the disputed payment occurred within 12 months of the date of your claim, we will endeavour to provide your financial institution with the relevant information it requests from us within seven days.
4. If the disputed payment occurred outside 12 months from the date of your claim, we will endeavour to provide your financial institution with the relevant information it requests from us within 30 days.
5. If we or your financial institution (as applicable) do not rectify a problem notified by you under this section, you have the option to contact the Australian Financial Complaints Authority (AFCA) as set out in section 9 of the MePay PDS.

7. Fees

7.1 Fees may apply

MePay is a free service. However, in certain circumstances there may be charges that apply to you. We will provide you with prior notice of any charges that may become applicable to you and in accordance with these Terms.

7.2 How we may collect fees

In the event that any fees become payable by you in accordance with clause 7.1, we may (in our reasonable discretion) claim such fee from you by:

1. withholding a portion of a Disbursement;
2. charging any of your MePay Accounts; or
3. charging your nominated credit card (if applicable).

8. Direct debit authority and service agreement (DDSA)

By nominating your MePay Account, you request and authorise Macquarie Bank Ltd (User ID 077380), until further notice in writing, to debit your MePay Account on our behalf any amounts which we may charge you or debit as directed in a Payment Instruction or as otherwise instructed by you. You acknowledge that:

1. direct debiting through BECS is not available on all accounts. It is your responsibility to ensure that your financial institution allows payments to be processed from your MePay Account via direct debit request (DDR). Account details can be checked against a regular statement or with your financial institution as to whether a direct debit can be requested from your account. If your financial institution does not process DDRs from your MePay Account, you should advise us immediately;
2. by accepting this DDSA, you authorise us to debit from your MePay Account any payments initiated by you, including any applicable charges associated with your use of MePay;
3. your financial institution may (in its absolute discretion), at any time by notice in writing to you, terminate the direct debit arrangement as to future debits;
4. you can stop or cancel future debits at any time by:
   1. For Payers: by logging into your PropertyMe Tenant Platform account;
   2. For Payees: by logging into your PropertyMe Platform account
5. if at any time you believe that a direct debit against your MePay Account relating to MePay is inappropriate or incorrect, you must notify us as soon as possible;
6. it is your responsibility to ensure that there are sufficient funds in your MePay Account to meet debits. We may immediately cancel future scheduled (automatic or recurring) payments if a scheduled payment is dishonoured because of insufficient funds. We will notify you if this happens and will require you to reactivate scheduled payments (if elected);
7. we (or our third party service providers) may need to pass on details of your DDR with our sponsor bank in the Bulk Electronic Clearing System to assist with the checking of any incorrect or wrongful debits to your MePay Account;
8. acting reasonably, we may vary the DDSA from time to time upon 30 days prior notice to you. If you do not accept the varied DDSA, you must contact your Payee directly to arrange an alternate payment method;
9. any direct debit that is scheduled to occur on a day that is not a Business Day will occur on the following Business Day. If you are uncertain as to when a debit will be processed, you should enquire with us;
10. this DDSA does not form part of any other agreement under which you may be contractually bound (other than these Terms), including any contract or residential tenancy lease; and
11. the DDSA can only be provided while the Payer has an active PropertyMe Tenant Platform account and the Payee has an active PropertyMe Platform account. If either the Payer or Payee cease to have an active account, then we cannot make future payments.

9. Account and security

9.1 Payee accounts

Payees can access their MePay account through their PropertyMe Platform account using their Authentication Credentials.

9.2 Payer accounts

Payers can access their MePay account through their PropertyMe Tenant Platform account using their Authentication Credentials.

9.3 Authentication Credentials

1. It is your responsibility to protect your Authentication Credentials at all times, including by not disclosing them to third parties and by choosing credentials that cannot be easily identified.
2. Subject to the PropertyMe Terms, you should also regularly change your Authentication Credentials.
3. If you believe that you have lost, or third parties have gained unauthorised access to, your Authentication Credentials, you must notify us immediately.
4. You acknowledge and agree that you will be liable for all Payment Instructions and Disbursements that result from such instructions being provided from your account and you have not previously notified us that your Authentication Credentials have been lost, or that third parties have gained unauthorised access to your account.

9.4 Security

1. You should take all reasonable steps to secure your computer hardware, software and mobile device to prevent unauthorised access to MePay. Reasonable steps include:
   1. For computer hardware and software: protecting your computer from viruses, maintaining passwords, ensuring your internet access is secure and browser software is up to date;
   2. For mobile device: setting screen lock passwords, ensuring that others do not have access to the use of your mobile device, ensuring your mobile device and browser software is up to date.
2. It is your responsibility to ensure your internet access is secure when using MePay. You should also ensure your desktop, mobile device and software is up to date – any alterations to the manufacturer’s handset or software settings may impact your mobile browsing experience.
3. You should always log out from your MePay account at the end of each session. You acknowledge that, for security purposes, we reserve the right at any time to log you out of your MePay account, for example, if you are inactive for a period of time after having logged on.

10. Reliance on third parties

1. Our ability to provide MePay to you is dependent on the ongoing provision of services provided to us by third parties in relation to MePay.
2. You agree to do all things and provide all information as and when reasonably required by us to fulfil our obligations to third parties from time to time in respect of MePay. In particular, you must:
   1. at our request, provide any reasonably required information, assistance, authorities or consents;
   2. comply with any reasonable condition or procedural requirement imposed by us, or a third party, in respect of your use of MePay, including in relation to the following matters:
      1. debiting and crediting your MePay Account by the relevant financial institution or other third party;
      2. initiating, processing or effecting Payment Instructions or Disbursements within MePay; or
      3. privacy law consents, as and when reasonably required by us.
3. You acknowledge and agree that:
   1. the agreements and obligations we have with third parties relating to MePay may (outside of our reasonable control) change from time to time, which may affect your experience with MePay or our ability to operate MePay as described in these Terms. These agreements and obligations may require us to act (or not act) in a manner otherwise inconsistent with these Terms, and if this occurs, we may act (or not act) in the manner required without any liability to you. Any such action (or inaction) does not have the effect of changing these Terms;
   2. there are times and circumstances where third parties are not obliged to make certain functions of MePay available, and at these times and in these circumstances, you may not be able to use MePay; and
   3. MePay may become unavailable where our agreements with third parties in relation to operating MePay terminate and no substitute arrangements are in place. While we will endeavour to provide you with 10 Business Days’ notice prior to such unavailability, this may not always be possible.

11. Liability, warranties and representations

11.1 Our liability to you

1. All express or implied guarantees, warranties, representations, statements, terms or conditions relating to these Terms and MePay that are not contained in these Terms, are excluded to the maximum extent permitted by law.
2. We do not warrant or represent that MePay is or will remain suitable or appropriate for your needs. You acknowledge that MePay is a generic service and its scope and operation may change over time. You are solely responsible for assessing your needs to determine the ongoing suitability and appropriateness of using MePay.
3. Without limiting paragraph (a) and to the extent permitted by law, we are not responsible or liable to you for any:
   1. delays, beyond our reasonable control, in processing Payment Instructions or Disbursements;
   2. Loss or Claim suffered or incurred by you arising in relation to any Payment Instruction or Disbursement, including any fraudulent, unauthorised or mistaken payment; or
   3. third party actions or inactions relating to MePay, including those relating to information systems on which MePay operates and any dealings with money held.
4. If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
   1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
   2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
5. Subject to paragraphs (f) and (g) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability to Payers and Payees, collectively, for all claims under or relating to these Terms or MePay is limited to $100.
6. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
   1. special, indirect, consequential, incidental or punitive damages; or
   2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.
7. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
8. The exclusions and limitations of liability in this clause 11 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

11.2 Your representations

1. By using MePay you acknowledge and represent that:
   1. you have read the MePay PDS and these Terms, and agree that you are bound by these Terms; and
   2. all information provided by you or on your behalf at any time to us in relation to MePay will be true, accurate and complete at the time it is provided. If you discover that any part of it is or may become materially false or misleading, you will advise us as soon as possible and provide updated or corrected information.
2. If you are a Payer, you also acknowledge and represent that you:
   1. are instructing us to receive payments from you on behalf of your nominated Payee;
   2. are contractually bound by the DDSA set out in section 8; and
   3. have entered into the DDSA with us of your own free will and have in no way been required to enter into these Terms by any Payee (including your landlord, rental provider, real estate agent or any other person with whom you may be contractually bound), either under a residential tenancy lease or any other contract.

12. Privacy

1. We may collect, hold, use and disclose personal information about you to process your MePay application, deliver MePay to you, assist you with payment enquiries and deal with complaints. We will handle your personal information in accordance with our Privacy Policy (available at: http://www.propertyme.com.au/privacy). We may also collect information about Payers from Payees (and vice versa), public sources, information brokers and through monitoring and recording interactions with you (eg, phone, email and online). Some of the information we collect is required by various laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules.
2. We may exchange your personal information with a Payee (if you are a Payer), a Payer (if you are a Payee), your authorised representatives, our related companies and our service providers (as further described in our Privacy Policy), including third parties involved in the operation of MePay. 
3. You acknowledge that we need to collect, verify and handle personal information about you to enable us to deliver all parts of MePay and without that information we may not be able to effect certain payment types. 
4. Unless you have told us not to, we may use your personal information to contact you by any means to offer you MePay, PropertyMe or third party products or services that may be of interest to you. You can change your marketing preferences by emailing us at: [email protected].
5. You agree to the handling of your personal information in accordance with our Privacy Policy. Our Privacy Policy contains further details about our handling of personal information, complaints, website privacy and information regarding your rights to request access to or correct information we hold.

13. Termination

13.1 How you can terminate

1. If a Payee terminates their subscription to MePay or the PropertyMe Platform, MePay will also be automatically terminated for both the Payee and all nominated Payers.
2. Payers can stop using MePay at any time by cancelling scheduled payments.

13.2 How we can suspend or terminate

1. We may suspend or terminate your use of MePay at any time where:
   1. the DDSA is cancelled or withdrawn;
   2. your MePay Account cannot be debited and no alternative arrangements acceptable to us are put in place;
   3. you fail to remedy a material breach of these Terms within five (5) Business Days’ notice from us;
   4. third party arrangements necessary to operate MePay cease to exist or in our opinion render the ongoing operation of MePay substantially unworkable or non-functional;
   5. the action of a regulator in our opinion renders the ongoing operation of MePay substantially unworkable or non-functional;
   6. we believe this is necessary to protect the security, integrity or reputation of MePay; or
   7. required under the PropertyMe Terms.
2. Upon suspension or termination of your use of MePay, we may continue to process any Payment Instructions or Disbursements received prior to suspension or termination.
3. We can lift a suspension or reinstate suspended use in our absolute discretion by written notice to you, and this takes effect on receipt or any later time set out in the notice, subject to you meeting any conditions set out in the notice.

13.3 Following termination

On termination of your use of MePay by you or us:

1. you must immediately cease using MePay;
2. you must comply with any reasonable direction given by us to facilitate that termination in an orderly manner; and
3. we may place conditions on any subsequent application by you for participation in MePay where you have previously breached these Terms.

14. General

14.1 Changes to these Terms

1. We may vary or modify these Terms at our reasonable discretion at any time.
2. We will endeavour to give you at least 10 days’ prior notice (longer if required by legislation or any other code of conduct to which we subscribe) of any change that is likely to materially affect or disrupt the manner in which you use MePay, except in circumstances where such a change is due to a change by a third party provide assisting in the operation of MePay and we were not aware of the change in advance. In these circumstances we will endeavour to notify you in a reasonable time period after becoming aware of the change.
3. If we need to restore or maintain the security of MePay immediately, we may change your use and access to MePay without advance notice.
4. Any subsequent access, viewing or other use of MePay will constitute your acceptance of any new or modified terms.

14.2 Notices and electronic communications

1. All notices and other communications in connection with these Terms may be given electronically:
   1. by emailing them to the email address you have registered with use through MePay; or
   2. being made available on the MePay website.
2. Where communications are made available on the MePay website, we will notify you of this fact by email.
3. You should check your emails regularly and ensure your contact details on MePay are up to date.

14.3 Severability

If any provision of the DDSA or these Terms is unenforceable, illegal or void, then it is severed and all other provisions remain in force.

14.4 Reliance

We can rely on the authority of persons who are, or who appear to us to be, authorised to act on your behalf.

14.5 Assignment

1. You cannot assign or otherwise deal with your rights under these Terms without our prior written consent.
2. We may at any time assign or novate our rights and obligations under these Terms without your prior consent.

14.6 Governing law and jurisdiction

These Terms are governed by the law of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

15. Definitions

In these Terms:

Australian Consumer Law means the Australian consumer law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Authentication Credential means the username and password or any other means of authentication which a Payer or Payee uses to gain access to their MePay account.

Bank Account means any deposit account with an Australian deposit-taking institution.

Business Day means a day on which banks are open for business excluding Saturdays, Sundays and public holidays in Sydney, Australia.

DDR means a direct debit request made under the DDSA.

DDSA means a direct debit authority and service agreement.

Disbursement means a disbursement of payment funds acquired from a Payer to a Payee.

Invited User has the meaning given in the PropertyMe Terms.

Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses).

MePay means the payments product operated by us that facilitates one-off, automatic and recurring payments between Payers and Payees via direct debit.

MePay Account means a Bank Account nominated by you:

1. if you are a Payer: from which we will debit funds to disburse to a Payee or charge any applicable fees under these Terms;
2. if you are a Payee: into which we will deposit funds from a Payer or charge any applicable fees under these Terms.

Payee means payee landlords/rental providers or their real estate agent (as relevant) using MePay to receive payments from Payers.

Payer means payer tenants/renters using MePay to make payments to Payees.

Payment Instruction means an instruction:

1. made by a Payer to their financial institution; and
2. processed by us for funds to be debited from that Payer’s MePay Account and a corresponding Disbursement made to the Payee.

Product Disclosure Statement or PDS means the separate MePay product disclosure statement that forms part of the combined Financial Services Guide and Product Disclosure Statement for MePay.

PropertyMe, we, our or us means MePay Holdings Pty Ltd (ABN 55 638 819 575) and/or its subsidiaries and affiliates.

PropertyMe Platform means the property management software and website that is operated by us and used to access certain services, including MePay. For clarity, this also includes the PropertyMe Tenant Platform.

PropertyMe Tenant Platform means the component of the PropertyMe Platform (including the website and mobile application) that allows Payees to manage their rental arrangement, including using MePay.

PropertyMe Terms means the terms and conditions that apply to your access to, and use of, the PropertyMe Platform (as amended from time to time).

Subscriber has the meaning given in the PropertyMe Terms.

Terms means these terms and conditions that govern your application for and ongoing use of MePay.

you or your means a Payer or Payee (as applicable to your situation).

16. Interpretation

In these Terms the following rules of interpretation apply unless the contrary intention appears:

1. headings are for convenience only and do not affect the interpretation of these Terms;
2. the singular includes the plural and vice versa;
3. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
4. the words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not words of limitation;
5. a reference to:
   1. a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust or other body corporate;
   2. a thing (including but not limited to a chose in action or other right) includes a part of that thing;
   3. a party includes its agents, successors and permitted assigns;
   4. a document includes all amendments or supplements to that document;
   5. a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced; 
   6. a statute includes any regulation, ordinance, by-law or other subordinate legislation under it;
   7. an agreement other than these Terms includes an undertaking, or legally enforceable arrangement or understanding whether or not in writing; and
   8. a monetary amount is in Australian dollars and all amounts payable under or in connection with these Terms are payable in Australian dollars;
6. an agreement on the part of two or more persons binds them jointly and each of them severally;
7. no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of it;
8. when the day on which something must be done is not a Business Day, that thing must be done on the following Business Day;
9. in determining the time of day where relevant to these Terms, the relevant time of day is:
   1. for the purposes of giving or receiving notices, the time of day where a party receiving a notice is located; or
   2. for any other purpose under these Terms, the time of day in the place where the party required to perform an obligation is located;
10. a day is the period of time commencing at midnight and ending immediately before the next midnight is to occur; and
11. if a period of time is calculated from a particular day, act or event (such as the giving of a notice), unless otherwise stated in these Terms, it is to be calculated exclusive of that day, or the day of that act or event.