The terms and conditions of this agreement (“Agreement”) govern your use of the services provided by Rentlab Sdn. Bhd. (Company No. 201901023324/1332653-U), a Malaysian entity, either itself or through its subsidiaries or any company within the group of companies of Rentlab’s company structure (“we” or “our” or “us” or “the Company”), via electronic platform – the Rental BID web or mobile application or any other platforms designed by us (“the App and Web”).
If you do not accept all of these terms and conditions, you are not authorized to use the App and Web.
For avoidance of doubt, the Agreement applies to all users of the App and web including but not limited to Property Owner, Tenant and/or Agent (“Users”).
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
- To fully access, experience or to use the App and Web, you are required to register an account by providing, among others, your corresponding email address, password, or/and other personal information as required by us, whichever applicable, to become our User. For the purpose hereof, you shall upload your National Registration Identity Card or Passport for verification purpose.
- We reserve the right to seek more personal information or personal details from you for the purpose of the usage of the App and Web.
- You acknowledge and understand that you shall provide us with accurate, complete, and updated registration information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and conditions of this Agreement, which may result in immediate termination of this Agreement by us at our discretion.
- While registering an account, you agree and undertake not to, inter alia:
- use or select a name as account name with the intent to impersonate that person;
- use or select a name as account name which subject to any rights of a person other than you without appropriate authorization; or
- use or select a name as account name that is otherwise offensive, vulgar or obscene.
- We reserve the right to refuse registration of or cancel an account at our discretion. You shall be responsible for maintaining the confidentiality of your username and password.
- The account is personal to you and shall not be shared with third parties or transferred to third parties.
Uploads terms and conditions
- User understand that all information (including images, pictures, data, text, music, sound, photographs, graphics, lists, video, messages, or other materials) stored or uploaded in the App and Web by you or by any party authorized by you (“Authorized Party”) is the exclusive work and property from whom such upload content is originated.
- We do not claim any ownership of your upload. You retain copyright and any other rights you already hold in such content which the Authorized Party submit, post, upload or display on or through the Application. When you submit, post, upload or display content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the content in accordance with or as reasonably contemplated by this Agreement.
- c) User undertakes that all information (including images, pictures, data, text, photographs, graphics, lists, video, messages, or other materials) stored or uploaded in the App and Web by you or by any party authorized by you (“Authorized Party”) shall be at all time be genuine and true.
- We reserve the right to remove any upload posted by you or Authorized Party without serving a notice to you.
a) The use of Application or Web is subject to our general guidelines:
- You shall be at least 18 years old.
- You shall comply with all the laws, regulations, rules, policies and guidelines as well as this Terms and Conditions and any further guidelines that may be issued by us from time to time;
- You shall not use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
- You shall not be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else.
- You shall not affect us adversely or reflect negatively on us, the App and Web, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the App and Web.
- You shall not violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person.
- You shall not gain unauthorized access to the Application or Web, other Users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the App and Web or to use the App and Web in any manner which violates or is inconsistent with any terms and conditions of this Agreement.
- You shall not modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the App and Web or the rights or use and enjoyment of the App and Web by any other person.
- You shall not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the App and Web, unless you have obtained the express, prior permission of such other person to do so.
- You shall not circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- You shall not post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content.
- You shall not take any action that may undermine any ratings system that we may use;
- You shall not transfer your account and Users identification to another party without notifying us and obtain consent from us.
- You shall not copy, modify, or distribute:
- Content of the App and Web or
- any of our copyright or trademarks;
- You shall not harvest or otherwise collect information about other Users, including telephone number, and email addresses, without our consent.
b) Under no circumstances that we will be liable to any errors, fraudulent act, or omissions of Users for damage of any kind incurred as a result of the use the App and Web.
c) You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event you breached any clause in this Agreement.
d) We reserve our rights to change, improvise or amend our guidelines from time to time.
Service terms and conditions
- We provide an online platform through which the Landowner may advertise their property for rent, including but not limited to residential property, commercial property and industrial property (“Property”) in order for the Potential Tenant to submit an offer to rent the Property (“Service”).
- Landowner’s details will be clearly displayed on the App and Web when browsing the Property.
- By making the offer to rent a Property and making ten percentum (10%) of the Offering Price through the App and Web, the Potential Tenants make an offer to rent the Property at the Offering Price, which shall become a binding contract when the offer is accepted by the Landowner.
- The Landowner reserves the right to reject offers as set out in their terms and conditions.
- The Company merely act as facilitator for any contract concluded between Potential Tenant and Landowner and the contracting parties shall deliberately exclude the Company from all liabilities arising from any breach of contract, either from tort or contract, or from any civil or criminal offences.
- Before making an offer to rent, it is always a good practice for Potential Tenant to examine the details and/or photos and video in relation to the Property or its Landowner.
- The Landlord hereby unequivocally represents warrants and undertakes with us that he is the legal owner of the Property or the authorized representative for the property owner or a real agent/ negotiator duly registered with the Board of Valuers, Appraisers, Estate Agents and Property Managers.
- The Landlord hereby grant his irrevocable express consent to the Company to carries out all necessary conduct for the purpose of verification which shall include the ownership details, Property details and/or uploaded pictures and documents.
- We may but shall not be obligated to do any such verification and we may charge the Landlord for a service fee for any verification that we have made without any such prior notice given to the Landlord.
- d) The Landlord shall provide to us the required documents including but not limited to the Sale and Purchase Agreement, quit rent and assessment receipt, utility bills or any other evidence of property ownership upon our request unless stated otherwise.
- The Company shall not be made liable or responsible for any false information provided by the Landlord
- The Property Agent shall be a real agent / negotiator duly registered with the Board of Valuers, Appraisers, Estate Agents and Property Managers.
- The Property Agent shall obtain the letter of authorization executed by landlord/property owner authorizing the Property Agent to advertise the property through the App and/ or Web and subsequently upload the Letter of Authorization in the App and/ or Web.
- The Property Agent undertakes with the Company that the Property Agent shall provide true and accurate info on ownership, property details, rental requirements and all relevant documents or information in respect of the Property.
- The Property Agent shall ensure the landlord/ property owner receive all offers provided by potential tenants for the purpose of ensuring the landlord/ property owner respond to the offers by the Potential Tenant within the stipulated timeframe.
- The Potential Tenant may make multiple offer by submitting the intended monthly rental and other required information by Rentlab (“Offering Price”) within the timeframe as displayed on the advertisement for the Property of which each offer shall be higher than the previous offer.
- The three (3) Potential Tenant offering the highest Offering Price will be given a notification by us and the three (3) Potential Tenant shall make the payment of a consideration sum which determined by the Company and exhibited in the App and Web to our company’s designated account as stipulated in the notification as stakeholder within forty-eight (48) hours after the timeframe as shown on the advertisement has lapsed, failing which shall constitute a revocation of the offer made to rent the Property.
- The Landlord shall accept only one (1) out of the 3 qualified offers with consideration sum paid for each Property (“Successful Offeror”) within Forty eight (48) hours after the expiry of the 48 hours mentioned in clause 7(b), failing which shall be deemed to have rejected all the offers to rent the Property.
- Notwithstanding to Clause 7(b) hereof, the Landlord shall reserve the right not to accept any of the offers.
- All the payment made by the Potential Tenant other than the Successful Offeror will be refunded to the bank account/or credit card provided by the Potential Tenant within seven (7) days after a notification of Property Owner’s rejection of their offers is sent by us.
Server Data and Time
Whenever date and time is mentioned, our server date and time shall be applied regardless of the types of network device used by the Users.
Possible Technical Problem
- We may block, suspend, delete or cancel an advertisement post by the Landowner if our computer system is damaged or interfered with any uncontrollable factors including but not limited to computer virus, corrupted data and malfunctions and reserve the right to repost or republish the advertisement after such technical problem is rectified.
- We shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses or loss of profit incurred or suffered by the Users pursuant to any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Company.
We reserve the right to revoke any contract entered into between the Potential Tenants and Landowner in the event any of the contracting parties is found to have breached this Terms and Conditions or engaged in any inappropriate conducts, including but not limited to unauthorized access, use or alteration of your transmissions or content, submitting content which is false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content to the App and Web, creating multiple accounts in the App and Web and such other misconduct beyond our comprehension.
Reviews and Comments
- By submitting content to the App and Web including any reviews, photos, videos, questions, comments, suggestions, ideas or any submissions (“Submissions”), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout any media now known or hereafter devised. In furtherance thereto, we may choose to provide attribution of your comments or reviews at our discretion.
- We do not edit or control any Submissions posted us (including any chat rooms, rating system or other communications medium provided by us) submitted by Users, and we shall by no mean responsible or liable for any Submissions.
- We reserve the right for any reason in its sole discretion to remove or to make copy of any Submissions without notice any User.
- Any Submissions submitted by Users shall not represents us, and Users shall deliberately indemnify us from any damages caused by misrepresentation or false statement contained in the Submissions.
Any notice, request or demand required to be served to the Users shall be in writing and shall be deemed to sufficiently served if it is sent to the Users’ email address registered with the App and Web. In the event of any updates of the email address, you shall take steps to notify us for such update.
- We will not disclose any information made available to us or by Authorized Party, includes but not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you directly or indirectly, whether in writing, orally or visually (“Confidential Information”).
- Confidential Information does not include information other than information that:
- is or becomes publicly known and generally available other than through your action or inaction; or
- was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
- You acknowledge, consent and agree that we may process, access, preserve and disclose your account information and content for the purpose to provide Services or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties;
- respond to your requests for customer service; or
- protect our rights, property or personal safety, our Users and the public.
Our Intellectual Property Rights
- You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Application and Web, and that you will not acquire any rights, titles, or interests in or to the App and Web except as expressly set forth in this Agreement.
- You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application and Web or proprietary information related thereto.
- You shall not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Application or Web by any means which amounting to unauthorized, and unlawful access into our back-end system.
- “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
Limitation of Liability
- You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, contractors, and/or distributors (if any) will not be liable for any loss of profits, data, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought resulting from: –
- your access to or use of or inability to access or use the App andWeb;
- any conduct or content of any third party on this App and Web, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties;
- inaccuracy or omission of the information that may be extracted from the App and Web;
- any content obtained from the App and Web that uploaded by Users; and
- unauthorized access use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- You acknowledge that we shall not be able to accurately confirm the identity of other registered Users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
- You must ensure that your access to this App and the service is not illegal or prohibited by laws that applicable to you.
- You must take your own precautions to ensure that the process that you employ for accessing this App and Web does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the App and Web or any linked website.
- In no event shall our total liability to you in connection with the services for all damages, losses and causes of action exceed Ringgit Malaysia One Thousand (RM1,000.00) only.
Marketing and Notifications
- The App and Web may display third party advertisements and promotions. A display of third party advertising does not imply an endorsement or recommendation by the Company. By accepting this Terms and Conditions, you hereby explicitly consent and agree for us to send you information containing third party advertisements and promotions related to our Services and services of our affiliates and partners from time to time. As consideration for access and use of the App and Web, you agree that we may place third party advertising on the App and Web at our sole discretion. You agree that we may change the manner, mode and extent of third party advertising on the App and Web without further notice.
You agree to indemnify, and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the App and Web, the use of the Services and/or your breach of any term of this Agreement.
- The services are provided “as is” and “as available.” we disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We do not represent or warrant that:-
- access to the App and Web or any part of it, will be uninterrupted, reliable or fault-free; and
- the accuracy, completeness, and reliability of the contents that uploaded by other User and the Ancillary Service Providers as reflected in the App and Web in relation to our Services and the Ancillary Services provided by Ancillary Service Providers.
- We will use our best endeavor to back up all data stored in our server or generated by the App and Web. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, our record shall prevail.
- You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, war, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.
Suspension and Termination
- We may suspend or terminate your access to all or any part of the App and Web at any time, with or without cause, effective immediately. You may terminate your use of the App and Web at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- We will suspend or terminate your access to the site if you are classified to be, in our sole discretion, a repeat infringer of this Agreement.
- We also reserve the right to suspend or cancel your account that has been inactive for a period of time.
- We may, but shall not be obligated to, reasonably issue you advance infringement warning notice(s) via registered email, if you have violated this Agreement prior to suspension or termination of your account.
- In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –
- Your access to the Application shall immediately be terminated.
- we reserve the right to permanently dispose and delete any data held in your registered account without further reference to you; and
- any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
- The terms of Clauses 13, 14, 15, 17 and 21 shall survive termination of this Agreement.
- We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the App and Web at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time.
- If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification via App or via web notice. Usage of the Services by you following such notification constitutes your acceptance of the terms and conditions as modified.
- What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- If you are dissatisfied with our Services and you are unable to resolve such dissatisfaction with our contact personnel, you may email a written enquiry to show your dissatisfaction at [email address]. A formal written response will be sent to you to resolve the issues. If you remain dissatisfied, you shall refer the matter to KLRCA (“Kuala Lumpur Regional Centre for Arbitration”) for arbitration. The number of Arbitrator and the language of arbitration shall be agreed by both parties.
- The decision of the arbitration shall be final and conclusive.
- Laws of Malaysia shall be the governing law in this Agreement.
- If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Nevertheless, you may inform us of such dispute for our records, but we are not responsible to resolve or arbitrate or mediate such dispute.
- Time is of the essence of this Agreement whenever mentioned.
Third Party Sites
The Application and Web may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You may use the links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
- That terms and conditions shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
- If the terms and conditions or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
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