Effective Date: 13th May 2020
Welcome to the Smart Rental Website
1.2. This Agreement governs and regulates your access to and use of services, products, online facilities, tools, functions, features or any Content (as hereinafter defined in Clause 4.2) made available by us through our website https://www.smartrental.my/ (“Platform”).
2.1. By connecting to and accessing or using the Platform, you:
2.1.1. acknowledge that you have read and understood this Agreement;
2.1.2. represent that you are of legal age to enter into a binding agreement; and
2.1.3. accept this Agreement and agree that you are legally bound by its terms.
2.2. We reserve the right, in our sole and absolute discretion, to modify, vary, amend, change and/or update this Agreement, and any policies or agreements which are incorporated herein at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platform, or by emailing the updated Agreement to you). Such modifications, variations, amendments, changes and/or updates to this Agreement shall be effective upon the posting of an updated version on the Platform. You agree that it shall be your responsibility to review this Agreement regularly to ensure your understanding of this Agreement is current and you understand the terms and conditions that apply to your connection and access to, and use of, the Platform.
2.3. Your non-termination or continued access to the Platform after the effective date of any modifications, variations, amendments, changes and/or updates constitutes your acceptance of, and agreement to be bound by, the revised Agreement.
2.4. If you do not agree to this Agreement or with any subsequent modifications, variations, amendments, changes and/or updates, you must not connect to or access the Platform. If you have any questions regarding this Agreement, please consult a professional lawyer.
3. Representations, Identification and Authorisation of User Account
3.1. In order to access some of the features and services on the Platform, you would have to create and sign up an account (“User Account”) with us. The User Account facilitates your access to the services on the Platform.
3.2. By using the Platform, you expressly represent and warrant that (a) you are legally entitled to accept and agree to this Agreement; (b) you are at least eighteen (18) years old; (c) you have not previously been suspended or removed from the Platform; and (d) your registration of the User Account and your use of the Platform are in compliance with all applicable laws and regulations.
3.3. Without limiting the generality of the foregoing, the Platform is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. You confirm that all the personal data and contact details in relation to your identity is accurate, up to date, not misleading, and complete at all times; and that you will keep your account information accurate, up to date, not misleading and complete at all times. If we have reason to believe that your account information is untrue, inaccurate, out of date, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account by giving you a notice in writing to the email address you maintained in your User Account.
3.4. You agree to provide us with all required documentation or information upon request through the Platform for us to comply with our internal policies, any applicable laws or guidelines or for any other reason as we may consider necessary or desirable from time to time.
3.5. By using the Platform, you agree that:
3.5.1. you will only use the Platform for lawful purposes;
3.5.2. you will not permit or enable third parties to use your User Account;
3.5.3. you will not assign, transfer or otherwise render accessible your User Account to any other person;
3.5.4. you will not use the User Account of a third party;
3.5.5. you will comply with all relevant legislation when using the Platform, and you will only use the Platform for the purpose for which it is intended to be used;
3.5.6. you will not use the Platform to cause annoyance or disruption;
3.5.7. you will not impede the correct operation of the network to our Platform;
3.5.8. you will provide Smart Rental with proof of identity as it may reasonably request or require; and
3.5.9. you will provide accurate, current and complete information as required for the Platform and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times prior to termination of your User Account for any reason.
3.6. By using the Platform, you further represent and warrant that you have the right, authority and capacity to use the Platform. You agree that, in the event you are the authorised representative of an individual, partnership, agent, sole proprietor, company or entity, you (a) have obtained the lawful authority via written authorisation or consent from such individual, partnership, agent, sole proprietor, company or entity; and (b) agree to be bound by this Agreement on behalf of that individual, partnership, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third-party, individual, partnership, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to Smart Rental.
3.7. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such individual, partnership, agent, sole proprietor, company or entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right to (but undertake no duty to) require additional authentication from you.
3.8. You should take all necessary steps to ensure that your user ID and password for the User Account are kept confidential and secure at all times from third parties, including but not limited to, not disclosing or cause to be disclosed your user ID and password through any means, and by restricting access to any device(s) linked to your use of the Platform, including but not limited to, computers, laptops and any mobile device owned by you or any third party. You should inform us immediately if you have any reason to believe that your user ID or password for the User Account has become inadvertently known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.9. You are responsible for all activities that occur under your User Account, regardless of whether you are the one who undertakes such activities. This includes any unauthorised access and/or use of your User Account.
3.10. If we have reason to believe that there is likely to be a breach of security, unauthorised use of your User Account or misuse of the Platform, we may require you to change your password to the User Account or we may suspend your User Account pending investigation. You release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your User Account.
4. Intellectual Property Rights
4.1. For the purposes of this Clause 4, “Intellectual Property Rights” means all applicable rights, title, interests and benefits including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, know-how, logos, patents, inventions, registered and unregistered design rights, copyrights, technology, databases, database rights and all other similar intellectual property rights.
4.2. Save and except where expressly provided for under the terms and conditions of this Agreement, we and/or our licensors have valid, unrestricted and exclusive rights, title and interest of the Intellectual Property Rights on the Platform and the texts, graphics, logos, icons, images, documentations, audios, videos, software, page layout, underlying code, data compilations, materials and any other form of information capable of being stored in a computer that contained in or published on the Platform (collectively, the “Content”). By allowing you to access and use the Platform, Smart Rental does not grant, by implication, estoppel or otherwise, any licence or other authorisation to you in respect of the Platform’s Intellectual Property Rights, nor allow you to use or exploit the same in any way.
4.3. Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement and payment of all applicable fees, Smart Rental hereby grants to you a limited, personal, restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license, subject to this Agreement, to access and use the Platform and the Content in accordance with this Agreement. All other uses are prohibited without our prior written consent.
4.4. Your use of and access to the Platform and the Content does not grant or transfer to you any rights, title or interest in relation to the Platform or the Content. You must not:
4.4.1. copy or use, in whole or in part, any Content;
4.4.2. reproduce, retransmit, distribute, disseminate, sell, resell, publish, broadcast or circulate any Content to any third-party, unless otherwise indicated on the Platform or unless given express written permission to do so by Smart Rental; and
4.4.3. breach any Intellectual Property Rights connected with the Platform or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
4.5. You may view and temporarily store material from the Platform in your browser’s cache.
4.6. You undertake not to use any robot, spider, other automatic device, or manual process to monitor materials available through our Platform.
4.7. If you violate any portion of this Agreement, your permission to access and use the Platform may be terminated immediately pursuant to this Agreement. Additionally, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation.
4.8. You agree that you shall only use the Platform for reasonable and lawful purposes.
4.9. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to the Platform, which we would consider inappropriate, or which might bring us or the Platform into disrepute, including (without limitation):
4.9.1. using the Platform in any way that is or may be damaging to the Platform, including hacking or trying to steal other users’ information (including user ID and password) from the Platform;
4.9.2. tampering with or modifying the Platform, knowingly transmitting viruses, worms or other disabling features, or damaging or interfering with the Platform, including (without limitation) using trojan horses, viruses, timebombs, keystroke loggers, spyware or other similar feature or piracy or programming routines that may damage or interfere with the Platform;
4.9.3. using the Platform in any way that interferes with any user’s access to the Platform;
4.9.4. using the Platform contrary to applicable laws and regulations, or in any way which may cause harm to the Platform, or to any person or business entity;
4.9.5. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform or data regarding other users, including e-mail addresses, without our consent;
4.9.6. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
4.9.7. using the Platform to defame, harass, threaten, menace or offend any person;
4.9.8. using the Platform to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
4.9.9. using the Platform to engage in any advertising or marketing;
4.9.10. modifying, copying, adapting, reproducing, making derivative works of, dissecting, decompiling, disassembling, reverse compiling or reverse engineering any part of the Platform;
4.9.11. otherwise deriving or determining or attempting to derive or determine the source code (or algorithms, structure or organisation) of any software underlying the Platform;
4.9.12. interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such servers or networks;
4.9.13. attempting to gain unauthorised access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means;
4.9.14. accessing the Platform in order to build a similar or competitive application, product, or service;
4.9.15. using software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and/or
4.9.16. instructing, authorising, facilitating or assisting a third-party to do any of the above acts.
4.10. Certain areas of the Platform are restricted from being accessed by you and we may further restrict access by you to any areas of the Platform, at any time and from time to time, at our absolute discretion.
4.11. You are prohibited from using the Platform, including the Content, in any way that competes with our business.
5. Collection and Use of Your Information
5.3. Certain products, services or functionalities made available via the Platform are and may be delivered by third party sites and organisations. By using any product, service or functionality originating from https://www.smartrental.my/, you hereby acknowledge and consent that Smart Rental may share such information and data with any third party with whom Smart Rental has a contractual relationship with to provide the requested product, service or functionality on behalf of users and customers of the Platform.
6.1. You acknowledge and agree that, from time to time, the Platform may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, schedule downtime for maintenance, upgrade and update, repairs or replacements that we may undertake from time to time at our sole discretion.
7. Additional Reservation of Rights
7.1. Where applicable, we expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any User Account or the provision of the services for any reason (as determined by us, in our sole and absolute discretion), including, but not limited to, the following:
7.1.1. to correct mistakes made by us in offering or delivering any services;
7.1.2. to protect the integrity and stability of, and correct mistakes made by, any of our partners;
7.1.3. to assist with our fraud and abuse detection and prevention efforts;
7.1.4. to comply with court orders against you and any applicable local, state, national and international laws, rules and regulations;
7.1.5. to comply with requests of law enforcement, including subpoena requests;
7.1.6. to comply with any dispute resolution process;
7.1.7. to defend any legal action or threatened legal action without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit; and/or
7.1.8. to avoid any civil or criminal liability on the part of us, our officers, directors, employees and agents, as well as our affiliates (if applicable), including, but not limited to, instances where you have sued or threatened to sue us.
8. Third-Party Materials
8.1. The Platform may use, display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (the “Third-Party Materials”).
8.2. You acknowledge and agree that we do not control and are not responsible for the Third-Party Materials, including but not limited to, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The inclusion of Third-Party Materials on the Platform does not imply any endorsement by Smart Rental of the Third-Party Materials or those in control of them.
8.3. We do not assume and will not have any liability or responsibility to you or any other person or entity in respect of any Third-Party Materials.
8.4. Third-Party Materials and links thereto are provided solely as a convenience to you. You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8.5. Information on the many web pages that are linked to the Platform comes from a variety of sources. Some of this information comes from official Smart Rental licensors, but much of it comes from unofficial or unaffiliated organisations and individuals, both internal and external to Smart Rental. Smart Rental does not author, edit or monitor these unofficial pages or links. You acknowledge and agree that Smart Rental shall not be 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 any such content, products, services, advertising or other materials available on such external sites or resources.
9. Third Party Software and Application Programming Interface (“API”)
We may use third party software and APIs when providing services on the Platform. We do not guarantee the reliability of such third-party software or APIs. You agree that we are not liable for any loss or damage whatsoever incurred or suffered by you arising out of our use of such third-party software or APIs.
You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless Smart Rental and its licensors, officers, partners, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including expenses of investigation and enforcement of this indemnity and reasonable advocates and solicitors’ fees, arising from or relating to your use or misuse of the Platform or the placement or transmission of any message, information, software or other materials through the Platform by you or users of your User Account or related to any breach of this Agreement by you or users of your User Account.
11. Disclaimer of Warranties
11.1. The Platform is provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Smart Rental, on its behalf and on behalf of its affiliates (if applicable), licensors and its service providers, expressly disclaims all:
11.1.1. conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platform including but not limited to the commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement and any implied terms and warranties of the Platform;
11.1.2. representations, by any means, as to the availability, accessibility, uninterrupted access, operation, performance of the Platform or any other products or services accessed via the Platform; and
11.1.3. indemnification arising from course of dealing or course of performance in connection with this Agreement.
11.2. No information, material or any content available through the Platform will create any warranty that is not expressly stated in this Agreement. You assume all risk for any damage that may result from your use of or access to the Platform, and any material or content available through the Platform.
11.3. From time to time, there may be information relating to the product or service description, pricing and/or availability that contain typographical errors, inaccuracies or omissions. Smart Rental reserves the right to correct, edit or change any such information on the Platform at any time without prior notice and Smart Rental does not warrant the accuracy, completeness or adequacy of any such information or material contained therein.
11.4. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without any interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
11.5. Whilst we use reasonable efforts to ensure that our online platform is free from viruses and other malicious or harmful content, we cannot guarantee that your use of the Platform (including any content on it or any website accessible from it) will not cause damage to your computer or any other device. Except if required by applicable law, we shall not be liable to you for any loss or damage, which you may suffer as a result of viruses or other malicious or harmful content.
12. Limitation of Liability
12.1. In no event will Smart Rental, its affiliates and its respective licensors, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, direct, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data or exposure of data, revenue, profits or other business or financial benefit) arising out of or in connection with the Platform, any performance or non-performance of the Platform, or any other product, service or other item provided by or on behalf of Smart Rental.
12.2. You agree that Smart Rental has no liability or responsibility for the deliberate or accidental deletion, failure to store, theft, misappropriation or loss, by any means, of any data due to your actions in using the Platform including failure to apply strong passwords.
12.3. Access to, and use of, the Platform are entirely at your own discretion and risk. You understand and agree that you will use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use of the Platform or the download or use of any Content.
12.4. Any information or material included in the Content is provided for informational purposes only and is not intended to constitute professional, regulatory, legal or other advice. Any decision made or action taken by you based on the Content is at your sole responsibility and liability.
12.5. Smart Rental has no special relationship with or fiduciary duty to you or any other third party. You agree and acknowledge that it is your responsibility to ensure that you order the service or combination of services and goods on the Platform which suits your needs. You acknowledge and confirm that you have sought independent legal advice from professional legal advisors with regard to all the matters provided for in this Agreement and agree that your failure to obtain such advice shall not be used as a defence to the enforcement of the terms and conditions under this Agreement.
12.6. In the event that any limitation or exclusion of liability in this Agreement is not enforceable, our total liability for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the Platform is limited to RM 100 only. We do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
13.1. This Agreement is effective and will continue to apply to you unless and until it has been terminated.
13.2. We reserve the right to terminate this Agreement, suspend your User Account and/or access to the Platform with immediate effect for any cause(s) as outlined in this Agreement, including in the event of your commitment of any default or breach of any of the terms in this Agreement, without prejudice to any other rights or remedies available to Smart Rental under this Agreement or provided by law.
13.3. Should you wish to terminate this Agreement or suspend your User Account with us, you may make a request to us by sending an email to email@example.com, and Smart Rental shall then immediately terminate such User Account upon receipt of your cancellation request, subject to your full settlement of any obligations (including, but not limited to, any payment obligations due for services offered on the Platform) and any other rights or remedies available to Smart Rental resulting from your termination, including (without limitation) in respect of any obligations or liabilities accrued to Smart Rental arising from or in connection with this Agreement or any agreement(s) that you may have or will enter with Smart Rental.
13.4. All clauses in this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement, and shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry.
14. Right to Investigate
14.1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this Agreement or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.
14.2. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.
14.3. We may, from time to time, undertake due diligence checks on the clients to which we provide ongoing services. Should any of our checks result in the discovery of illegal or unethical conduct, we reserve the right to terminate the provision of our services to you, your access to, or use of, the Platform, without notice and without a refund.
15. Force Majeure
15.1. You acknowledge and agree that we have no control over the availability of the Platform on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We are not responsible or liable for failure or delay of performance caused by act of war, hostility, or sabotage; act of God; act of governmental authority; electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; pandemic, epidemic, diseases, medical outbreak or any other event that is beyond our reasonable control, whether foreseeable or not (“Force Majeure Event”).
15.2. Where the access to the Platform are interrupted or we are unable to perform the services offered on the Platform for a continuous period of more than 21 calendar days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.
16. Invalidity and Severability
16.1. If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:
16.1.1. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
16.1.2. the remaining provisions of this Agreement shall remain in full force and effect; and
16.1.3. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
17.1. You may not assign, transfer or sub-contract any of your rights and obligations under this Agreement to any other person without our prior written consent. Any assignment, transfer, or sub-contraction which is made without such prior written consent shall constitute a breach of this Agreement.
17.2. We may assign, transfer or sub-contract all or any of our rights and obligations under this Agreement (whether in whole or in part) at any time without your consent to:
17.2.1. our subsidiary or related/affiliated company;
17.2.2. an acquirer of our equity, business or assets; or
17.2.3. a successor by merger.
If a party waives any right under this Agreement, it must be done in writing. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Agreement does not operate as a waiver of another breach of the same term or any other term.
19. Equitable Remedies
You acknowledge that the rights granted, and obligations made under this Agreement to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone. As such, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
20. Governing Law and Jurisdiction
This Agreement is governed by, and construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
21. Entire Agreement
22. Electronic Communication
22.1. For contractual purposes, you consent:
22.1.1. to receiving communications from us in an electronic form via the last email address you have submitted to us; and
22.1.2. that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
22.2. Notice will be deemed given immediately after:
22.2.1. the e-mail is sent to the last email address that you have provided to us; or
22.2.2. the notice is posted on the Platform.
23. Copyright and Trademark Information
Copyright © 2020 Smart Rental. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.
24. How To Contact Us With Questions?
24.1. We welcome your feedback, suggestions and questions (“Feedback”). If you wish to contact us, or if this Agreement requires you to give notice to us in writing, please send an email to firstname.lastname@example.org.
24.2. If you provide us with any Feedback, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.