Terms of Use - renteaxy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE RENTEAXY WEBSITES AND/OR THE RENTEAXY APP, OR ANY OTHER PART OF THE RENTEAXY SERVICES. THESE TERMS OF USE AND OUR PRIVACY NOTICE FORM THE BASIS ON WHICH YOU MAY ACCESS AND USE RENTEAXY SERVICES INCLUDING THE WEBSITE AND/OR THE RENTEAXY APP.

Effective Date: 08/05/2020

1. INTRODUCTION AND AGREEMENT

1.1

This website [the “Website”] and/or this mobile application [“RENTEAXY App”] are owned and operated by RED CIRCLE GROUP LIMITED [hereinafter referred to as “RENTEAXY”, “We”, “Us”, “Our”]. These Terms of Use apply to the RENTEAXY Websites that form part of the RENTEAXY network of websites, apps or another digital services, located at, amongst other places, RENTEAXY.com as well as to the RENTEAXY App.

1.2

RENTEAXY – RENTEAXY maintains and operates the Website and/or the RENTEAXY App as an online and interactive platform to link and match advertisers, real estate agents, or agencies, property developers, builders, contractors, retirement community operators, proprietors/owners, landlords and other people who are interested in the contents of the Website and/or the RENTEAXY App with potential buyers/tenants from the database in the Website and RENTEAXY App. In short, RENTEAXY (1) helps buyers and tenants find properties that are right for them; and (2) helps sellers, landlords, and the like find prospective purchasers/tenants to purchase or rent their properties through RENTEAXY Services.

1.3

However, RENTEAXY does not (a) guarantee or ensure that the potential buyers/tenants will find a suitable property; (b) guarantee or ensure that the advertisers, real estate agents, or agencies, property developers, builders, contractors, retirement community operators, proprietors/owners, landlords will find the required buyers/tenants for their properties; (c) guarantee or ensure the accuracy or veracity of articles and/or news originated from third party sources which are posted on the Website.

1.4

Information on the Website and/or the RENTEAXY App should NOT be regarded as a substitute for professional, legal, financial or real estate advice.

1.5

By using the Website or by downloading or otherwise accessing the RENTEAXY App, you hereby agree to be bound by the terms and conditions [“Terms”/“Terms of Use”] contained in these Terms of Use and our privacy policy as stated in our Privacy Notice. If you have any query about the Website, the RENTEAXY App or these Terms of Use, you can contact us by referring to the contact information available on the RENTEAXY Website. If you do not agree with these Terms, you should stop using the Website or the RENTEAXY App immediately. These Terms of Use read together with the Privacy Notice shall constitute a valid and binding agreement made between you and RENTEAXY.

1.6

We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms on this page of the Website and/or RENTEAXY App. Your continued use of the Website and/or RENTEAXY App after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. RENTEAXY may modify, suspend, discontinue or restrict the use of any portion of the Website and/or the RENTEAXY App without notice or liability.

1.7

We do not warrant that content, links, or subdomains contained on, or associated with the Website and/or the RENTEAXY App will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on the Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you. The access and speed of access to the Website also depend largely on the browser you use and/or the country from which you are accessing the Website.

1.8

We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any content on our Website and/or the RENTEAXY App. We, our Related Corporation, our directors, officers and agents therefore disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from our Website and/or the RENTEAXY App.

2. DEFINITIONS AND INTERPRETATIONS

2.1

In these Terms of Use, the following expressions shall, unless otherwise expressly stated, bear the following meaning:-

“Account” means an account made pursuant to a contract with RENTEAXY wherein limited and conditional access and associated rights are granted to an individual, company or otherwise to the applicable RENTEAXY Website for a specific period of time in order to create, modify or delete listings.
“Advertisement” means online and offline promotions of any kind such as property listings, email newsletters, featured placements, 3rd party display advertising, editorial, sponsorships, advertorials etc and any other Material which you share, publish, post, store or upload on the Website and/or the RENTEAXY App as permitted under these Terms of Use.
“Established Property” means all properties that are NOT defined as New Property. Established Property is widely termed as second hand/sub-sale properties as dwelling ownership has previously been transferred from the developer to the first owner. The sale of a single newly constructed dwelling within an established subdivision is deemed for the purpose of these Terms of Use as an Established Property.
“Intellectual Property Rights” means all current and future copyrights, patents, trade marks/service marks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, goodwill and the right to sue for passing off rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“RENTEAXY”, “Our/our”, “Us/us”, “We/we” refers to RED CIRCLE GROUP LIMITED and its Related Corporation(s)(where applicable).
“RENTEAXY Website”/”the Website” means collectively the websites used, owned or operated by RENTEAXY and other web address(es) as may be used and/or adopted by RENTEAXY from time to time which shall include webpage or corresponding website in different languages and shall include any subdomains of those websites, voice assistant products, application programming interface (“API”) and widgets, etc.
“RENTEAXY App” means the mobile sites of the Website and any other mobile application operated by RENTEAXY which is linked to/with the Website.
“RENTEAXY Services” means any services and/or products and/or a combination of both provided by RENTEAXY, our Related Corporation(s), authorised agents, authorised affiliated partners or associate and shall include our “online” (e.g., RENTEAXY’s Website, RENTEAXY App however accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise) and “offline” (e.g, collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by RENTEAXY. Any references to “RENTEAXY Services” in these Terms of Use shall mean all the RENTEAXY Services or any of them as the context requires.
“Material” means all information, data, text, music, sound, audio, photographs, images, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations, documents, and any other material.
“New Property” means newly constructed property that forms part of a newly constructed multiple apartment, townhouse or subdivision development. This can be off-the-plan or completed and sold directly by the developer or by an agent.
“Property Information” means all or any information in relation to the real estate/property listed by the Advertiser on the Website and/or RENTEAXY App which include, without limitation to, property descriptions, photographs and/or video/virtual tour, list of furniture, fixtures and fittings, location (postal address, GPS coordinates, map, etc) of the real estate/property, particulars of developer/builder/architect/contractor, etc.
‘Related Corporation’ in relation to any corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.
“the Advertiser” means any person who register an Account on the Website and/or the RENTEAXY App which include the Aggregator.
“the Aggregator” means a multi-listing service provider or a similar provider of multi listings services.
“the User/user” means any person who is a visitor to the Website and uses the Website and/or the RENTEAXY App NOT as the Advertiser at the time of visit or use.
“You” shall mean any person who is using RENTEAXY Services who may be the Advertiser or the User.

2.2

In these Terms of Use, unless the context otherwise requires, words denoting one gender include all other genders and words denoting the singular include the plural and vice versa; words denoting “persons” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa; any reference to a document shall include references to any sort of document whether paper or paperless and expressed or described on any substance with alphabets, figures, symbols or marks or a combination of them; any reference to a paragraph, sub-clause, clause is to the relevant paragraph, sub-clause, clause to these Terms of Use and any reference to these Terms of Use or any of the provisions hereof includes all amendments and modifications made to these Terms of Use from time to time in force; the headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any provisions herein.

3. ACKNOWLEDGMENT, REPRESENTATIONS AND WARRANTIES

3.1

By using the Website and/or the RENTEAXY App or by uploading or downloading or otherwise accessing the Website and/or the RENTEAXY App, you hereby acknowledge, represent and warrant that:

(a)

you are at least eighteen (18) years of age;

(b)

you have all necessary authority, rights and permissions to submit, send, post, or upload the Material to the Website and/or RENTEAXY App;

(c)

the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other Intellectual Property Rights of any third party, including any rights of privacy or publicity;

(d)

the Materials do not and will not violate any applicable law or regulation including, but not limited to, any laws or regulations governing the advertising, marketing, sale, rental, lease of real estate properties in the country in which the property is located, or cause injury to any person;

(e)

YOU HAVE READ AND FULLY UNDERSTOOD ALL THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PRIVACY NOTICE.

3.2

YOU AGREE TO FULLY INDEMNIFY, RELEASE, DEFEND AND HOLD RENTEAXY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, LIABILITY, LOSS, JUDGMENTS OR OTHER EXPENSE (INCLUDING, BUT NOT LIMITED TO, DEFENSE COSTS, EXPENSES AND SOLICITOR-CLIENT FEES) MADE OR IMPOSED UPON RENTEAXY ARISING OUT OF ANY ALLEGATIONS OF INJURIES TO OR DEATH OF PERSONS (INCLUDING WRONGFUL DEATH), DAMAGES TO PROPERTY, DAMAGES FOR LIBEL, VIOLATION OF THE RIGHT OF PRIVACY, PLAGIARISM, COPYRIGHT INFRINGEMENT, AND ANY OTHER CLAIMS, DAMAGES OR INJURIES OF WHATSOEVER KIND OR NATURE, ALLEGED TO BE SUFFERED OR SUFFERED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY FINE, PENALTY, COMPENSATORY OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM (A) ANY DISTRIBUTION, PUBLICATION, REFUSAL TO PUBLISH, REMOVAL, DELETION, MOVEMENT, EDITING OR OTHER USE OF THE MATERIALS YOU PROVIDE; (B) YOUR USE OF THE WEBSITE AND/OR RENTEAXY APP OR ANY RELIANCE ON THE CONTENTS THEREIN; (C) YOUR BREACH OF THESE TERMS OF USE; AND/OR (D) ANY ACTUAL, PROSPECTIVE OR TERMINATED SERVICES OR TRANSACTION BETWEEN YOU AND A THIRD PARTY.

3.3

(Applicable to the Advertiser) You represent and warrant to us that at all times during your use of the Website and/or the RENTEAXY App:

(a)

you hold all required licenses, consents, permission, authorities or accreditation to sell, assign, lease, sub-lease, let, or sub-let all properties or developments that you list using RENTEAXY Services;

(b)

(b) you have authority to sell or lease all properties or developments that you list using RENTEAXY Service and have the proper authorities in place required by state, territory or other applicable regulations in the jurisdiction in which the property is located; and

(c)

4. GENERAL RULES RELATING TO USE OF THE WEBSITE AND RENTEAXY APP

4.1

You agree to be bound by the following terms and conditions:

(a)

It is your responsibility to check and ensure that you have downloaded the correct software of RENTEAXY App for your device (whether it is a computer, mobile phone, tablet or otherwise). RENTEAXY is not liable if you do not have a compatible device or if you have downloaded the wrong version of the software of RENTEAXY App to your device. RENTEAXY reserves the rights not to permit you to access or use the RENTEAXY App should you use the application and/or software with an incompatible or unauthorised device or for purposes other than which the application and/or software is intended to be used.

(b)

You must comply with all applicable laws in the country of your property listing(s) and with any applicable international laws, including the local laws in your country of residence when accessing or using the Website and/or the RENTEAXY App.

(c)

You shall only access the Website and/or RENTEAXY App through authorised and lawful means. You shall exercise all care when accessing the Website and/or the RENTEAXY App whether with your computer or with your mobile phone/device. YOU SHALL ENSURE THAT THE MOBILE PHONE/DEVICE AND/OR COMPUTER USED BY YOU TO ACCESS THE WEBSITE AND/OR RENTEAXY APP IS LEGALLY OWNED/POSSESSED/USED BY YOU AT ALL TIMES AND YOU SHALL NOT ALLOW ANY PERSON TO ACCESS OR MANIPULATE THE WEBSITE AND/OR THE RENTEAXY APP USING YOUR MOBILE PHONE/DEVICE AND/OR COMPUTER.

(d)

You will NOT use the Website and/or the RENTEAXY App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement and/or an infringement of any Intellectual Property Rights or any person.

(e)

You will only use the Website and/or the RENTEAXY App for lawful purposes and for the purpose it is intended to be used.

(f)

You shall be responsible for all the security and integrity of Materials transmitted, uploaded or broadcasted by you or any person using your mobile phone/device and/or computer, whether with or without your authorisation.

(g)

You shall ensure that all Materials submitted by you via the Website and/or the RENTEAXY App will be free of any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature.

(h)

You are aware that when using the Website and/or the RENTEAXY App, the standard telecommunication data charges will apply and shall be borne solely by you.

(i)

You agree that the Website and/or the RENTEAXY App are provided on a reasonable effort basis. RENTEAXY shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of the Website and/or the RENTEAXY App, corruption of data or unavailability of the Website and/or the RENTEAXY App or any part thereof caused by factors which are beyond the control of RENTEAXY which include adverse weather conditions, electromagnetic interference, equipment failure or congestion in the internet systems.

(j)

You will not engage in any of the Prohibited Activities as listed below.

5. PROHIBITED CONTENTS/ACTIVITIES

5.1

The following is a partial list of the kinds of activities and/or contents that are prohibited on or through the Website and/or RENTEAXY App:

(a)

submitting Material that is patently offensive to the online community, or any cultural or religious sensibility, such as contents that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b)

submitting Material that is potentially unlawful, seditious, defamatory, or threatening to the national security and/or public order, and/or which is likely to encourage crime or lead to public disorder and/or instigate racism or otherwise prohibited within the country in which you reside;

(c)

submitting Material that is misleading, erroneous, inaccurate, outdated, or false;

(d)

submitting Material which will infringe Intellectual Property Rights of any person or will tantamount to a breach, default, or non-compliance of any governing law, or contractual obligations with any person;

(e)

engaging in activities or submitting Material that could be harmful to minors;

(f)

engaging in activity or submitting Material that harasses or advocates harassment of another person;

(g)

engaging in activity that involves the transmission of junk mail, chain letters, contests, surveys, or other mass messaging or unsolicited mass mailing or “spam” to RENTEAXY’s users or others, whether for commercial purpose or otherwise;

(h)

engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is unlawful, abusive, threatening, false, defamatory or libelous, or to cause any nuisance, harassment, annoyance, inconvenience to any person;

(i)

submitting Material that contains restricted or password-only access pages, or hidden pages or images;

(j)

submitting Material that displays pornographic or sexually explicit material of any kind or any material that is indecent, profane or obscene;

(k)

submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(l)

submitting Material which promotes the sale or use of illegal, prescription, or recreational drugs, tobacco products and related paraphernalia; unsafe supplements, weapons, ammunition, or explosives, adult products or services, illegal money lending services, or illegal gambling;

(m)

submitting Material which contains shocking, sensational, disrespectful, or excessively violent content or any images that are scary, gory or sensational;

(n)

engaging in activities or submitting Materials that solicit passwords, money, or personally identifiable information for any purpose including any unlawful purposes from other users;

(o)

engaging in commercial activities not within the purpose of the Website and/or RENTEAXY App, such as contests, sweepstakes, barter, and pyramid schemes;

(p)

using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the contents contained in the Website and/or the RENTEAXY App or for any other unauthorised purpose without our prior written consent;

(q)

using any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or RENTEAXY App;

(r)

in any way tampering and/or manipulating or attempting to tamper and/or manipulate any data transmitted to the Website and/or the RENTEAXY App;

(s)

engaging any activities which modify, adapt, translate or reverse engineer any part of the Website and/or the RENTEAXY App or re-format or frame any portion of the pages comprising the Website and/or the RENTEAXY App, save to the extent expressly permitted by these Terms of Use or by law;

(t)

using any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on the Website and/or the RENTEAXY App or use any device, software, process or means to interfere or attempt to interfere with the proper working on the Website and/or the RENTEAXY App;

(u)

transmitting or attempt to transmit onto our Website and/or the RENTEAXY App any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature;

(v)

using or indexing any content or data on our platform for purposes of: (i) constructing or populating a searchable database of properties; (ii) building a database of Property Information; or (iii) competing with us in business in any manner that we have not specifically authorised;

(w)

taking any action that, in our sole opinion, will impose an unreasonable or disproportionately large load or make excessive traffic demands on RENTEAXY’S hardware and software infrastructure of the Website and/or the RENTEAXY App;

(x)

using the Website and/or the RENTEAXY App or any content from the Website and/or the RENTEAXY App in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;

(y)

gaining or attempting to gain unauthorised access to the Website and/or the RENTEAXY App or any networks, servers or computer systems connected to the Website and/or the RENTEAXY App.

[hereinafter collectively referred to as “Prohibited Activities”].

5.2

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website and/or the RENTEAXY App, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

6. GENERAL RULES RELATING TO ADVERSTISEMENT OR LISTING

6.1

We may provide website enquiry forms with each Advertisement and property listing for the sole use of the Users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communication that is not genuine (such as unsolicited commercial marketing).

6.2

The Advertiser shall ensure that:

(a)

all Advertisements or property listing and other Advertisements are accurate and up to date, are not misleading, and do not fall within any of the Prohibited Activities set out above;

(b)

all Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked or verified by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents;

(c)

all Property Information of any real estate sold or which is no longer available on the market must be removed from the Website within seven (7) days of the Advertiser becoming aware of such information; and

(d)

The listings content is delivered to RENTEAXY in a timely manner, and that best efforts are made to provide comprehensive and accurate information regarding each listing.

6.3

We reserve the right to contact any Advertiser or User to find out more about their experiences with the Website and/or the RENTEAXY App for the purposes of gathering data or compiling testimonials.

6.4

Right to Reject: We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right at our discretion to reject Advertisements that:

(a)

relates to real estate that has already been listed by another Advertiser or person on the Website and/or RENTEAXY App;

(b)

relates to real estate for which another person can demonstrate exclusive marketing rights;

(c)

we do not wish to make available to the User for any reason we so determine in our discretion;

(d)

fall under one or more of the Prohibited Activities set out above.

(e)

is in breach of any of its obligations under these Terms of Use, temporarily or otherwise; or

(f)

is in breach of any advertising guidelines set by governments in any given markets.

6.5

Right to Edit: We reserve all rights in our discretion without notice to the Advertiser to edit the text or layout of Advertisements submitted to or posted on our Website and/or the RENTEAXY App (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Website and/or RENTEAXY App where we think fit.

6.6

Only one property can appear on each listing. We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The property initially listed may not be changed without our prior written consent.

6.7

Loading Advertisements: Upon completion of purchase of an advertising product that requires material such as text, images and video, we will provide up to 14 days’ buffer time to prepare such material before your listing is published live.

6.8

Images on your listing: We reserve the right, at our sole discretion, to remove any images that contravene the following:

(a)

images that contain any contact information (except as explicitly authorised by RENTEAXY), which shall include, but not be limited to QR codes, email addresses, WeChat IDs, external links, and phone numbers;

(b)

images on the Website and/or the RENTEAXY App in positions designated for property images are not to be obstructed with any details besides the property image itself. Images that obstruct the property image include, but are not limited to, individual profile pictures, phone numbers, links, Quick Response Codes (“QR Codes”), or anything depicting something other than the property itself;

(c)

images on the Website and/or the RENTEAXY App, in the position designated for company logos, must be used for your company’s logo only and cannot be used for any other images. Images that may obstruct the company logo placement include, but are not limited to, profile pictures, phone numbers, links and QR codes;

(d)

banner advertisements on the Website and/or the RENTEAXY App are intended to drive traffic to your campaign pages. Images or copy materials used in the banner advertisements including, but not limited to, the display of external links, external phone numbers, or QR codes my not be included in the banner advertisements.

6.9

Cancellation, Suspension and Removal: Upon the occurrence of any of the following:

(a)

in the event we have good reason to believe that you have breached or fail to comply with any terms and conditions contained in these Terms of Use and/or our Privacy Notice and/or any other agreement which we may have entered into with you;

(b)

in the event we receive any complaint, whether written or otherwise, whether from a identifiable source or anonymous, relating to an Advertisement or an Advertiser or to products or services referred to in an Advertisement;

(c)

in the event we are required by law or appropriate authority or any governing jurisdiction to take certain action against the Advertiser and/or the Advertiser;

(d)

in the event we deem it necessary to protect our interest (including our goodwill and reputation) and/or the interests of our Users;

(e)

is in breach of any of its obligations under these Terms of Use, temporarily or otherwise; or

(f)

is in breach of any advertising guidelines set by governments in any given markets.

then we may without giving notice or reasons to you, remove and/or suspend any Advertisement and/or terminate and cancel the Advertiser’s Account or right to use the Website and/or the RENTEAXY App registration or right to use our Site, in which case we may in our sole discretion elect to forfeit all fees paid.

6.10

We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination or cancellation of registration for or of use of our Website and/or RENTEAXY App provided we act in accordance with these Terms of Use.

6.11

If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Website and/or RENTEAXY App or any RENTEAXY Services or re-post or re-submit, or re-upload the relevant content whether in your name or using your Account or otherwise.

6.12

We may in our discretion change or remove any feature of our Website and/or RENTEAXY App.

6.13

No Guarantee: There is NO guarantee, representation or any warranty given by us in respect of the reception, popularity, success, number or quality of leads generated or to be generated by the Advertisement. We only guarantees the marketing of your property on the Website and/or the RENTEAXY App and to the Users of the Website and/or the RENTEAXY App’s network of consumers. External factors such as location, price, photos, descriptions, brand and inclusions are factors determining interest in a property.

6.14

Report: We will in our best endeavour provide reports to the Advertiser who maintains an active Account (not expired, suspended, cancelled, terminated) with us and who promptly pays all fees required by us on a regular basis via email or through our Website and/or RENTEAXY App.

6.15

Appearance on our affiliate or partner websites: You consent to and understand that we may include your listings on other networks, mobile apps or websites of our Related Corporation or affiliate or partner from time to time.

6.16

Aggregators: Aggregators who wish to market, advertise or list on the Website and/or RENTEAXY App must first register an Account on the Website and/or RENTEAXY App. Aggregators must only list properties which they have the direct right of market and sell with the owner/vendor/proprietor/developer/builder.

6.17

Pay Per Listings: If the Advertiser subscribes to the Pay-Per-Listing model, you agree to pay the price communicated per listing. Should you accidentally or inadvertently select or load a listing as Pay-Per-Listing listing, you will not be entitled to any refund or cancellation rights. You authorise us to charge your credit card as provided to us.

6.18

New Property Listings: New Property listings are prohibited from being displayed on the Website and/or the RENTEAXY App unless utilising “Global New Development” listing package, in Australia and New Zealand only. For the avoidance of doubt, this does not include those properties that are deemed as an Established Property.

7. DATA USE, DATE STANDARDS, DATA TRANSLATION AND DATA COLLECTION

7.1

Data Collection: You understand and agree that RENTEAXY may drop cookies on your computer/mobile phone/device or use pixels, web beacons, tags, JavaScript or other data collecting technology [hereinafter collectively referred to as the “Data Collecting Technology”] for the purpose of displaying or providing advertising on the Website and/or RENTEAXY App. You expressly authorise and consent to the use of such Data Collecting Technology for purpose in connection with the Website and/or the RENTEAXY App. RENTEAXY will treat all data collected through such Data Collecting Technology as confidential information. RENTEAXY will comply with the policies stated in the Privacy Notice with respect of such data.

7.2

Data Use & License: BY SUBMITTING ANY ADVERTISEMENT AND/OR MATERIAL TO THE WEBSITE AND/OR THE RENTEAXY APP, YOU HEREBY GRANT TO RENTEAXY AND ITS AFFILIATES A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE (UNLESS STATED OTHERWISE), FULLY TRANSFERABLE, FULLY SUB-LICENSABLE RIGHT AND LICENSE TO PRODUCE, PUBLISH, COPY, ADAPT, MODIFY, DISPLAY, DISTRIBUTE, PERFORM, TRANSLATE, CREATE DERIVATIVE WORKS FROM, AND OTHERWISE USE AND EXPLOIT ALL SUCH MATERIALS IN ANY FORM, MEDIA, SOFTWARE OR TECHNOLOGY OF ANY KIND NOW EXISTING OR DEVELOPED IN THE FUTURE. YOU FURTHER GRANT TO RENTEAXY AND ITS AFFILIATES A ROYALTY-FREE RIGHT AND LICENSE TO USE YOUR NAME, IMAGE AND LIKENESS IN CONNECTION WITH THE REPRODUCTION OR DISTRIBUTION OF THE MATERIALS. YOU ALSO AGREE TO GRANT AN IRREVOCABLE LICENSE TO RENTEAXY WITH A PERPETUAL WORLDWIDE RIGHT TO DISPLAY THE DATE OF YOUR LISTINGS.

7.3

Translation: You hereby grant RENTEAXY a license to translate and publish your Material into different languages as the Website and/or the RENTEAXY App is an international platform with worldwide users and we may have corresponding webpages in different languages. In translating your Material or any part thereof, we shall have the discretion to edit, shorten or merely translate key feature data as supplied by you whether through data entry, XML or any other means. Our translating resources and staff will in their best endeavour ensure the optimal translation of features.

7.4

Data Standards: You will provide us with data in an agreed data format and agree not to provide us with data which you do not have the right to publish or any Material which fall within any of the Prohibited Activities listed above. If you find that you have loaded data or any Material which infringes or violates any Terms herein, please immediately edit to correct or load a new data file/Material and notify us at using the contact information available on the Website.

8. PAYMENT & REFUND POLICY

8.1

The listing of Advertisement on the Website and/or RENTEAXY App shall be invoiced either on a subscription basis or by way of any other agreement the Advertiser maintains with RENTEAXY and/or its Related Corporations. The payment terms shall be determined by way of the payment scheme as displayed on the Website and/or RENTEAXY App or pursuant to the respective agreement the Advertiser maintains with RENTEAXY and/or its Related Corporations, whichever is applicable.

8.2

Unless otherwise expressly stated, all payments are to be made in advance.

8.3

(If applicable) You hereby authorise RENTEAXY to charge your card in accordance with your subscribed plan.

8.4

If you have subscribed for the Account for a fixed duration, your card will continued to be charged with the subscription amount for the continuing term in line with your billing cycle until you have notified RENTEAXY in writing of your termination in accordance with the terms and conditions of these Terms of Use.

8.5

RENTEAXY will bill your card automatically based on the terms and conditions of your plan. All charged fees will not be refunded.

8.6

If you wish to cancel your subscription prior to the end of the term, you may request a cancellation in writing not less than 14 days prior to your subscriptions renewal.

8.7

Property traffic, listing enquiry, leads or property viewings or the lack thereof are not grounds for cancellation and termination.

9. SUSPENSION OR TERMINATION OF SERVICE

9.1

Subscriptions of Account can be terminated any time after the end of the minimum subscription terms by notification to RENTEAXY using suitable contact information available on the RENTEAXY Website. Minimum subscriptions are the full term of the subscribed subscription package.

9.2

Requests for cancellation of a continuing subscription must be made in writing 48 hours prior to the new billing cycle as defined by your rate plan. Every effort will be made for requests that occur after this time however they cannot be guaranteed.

9.3

Request for termination prior to the end of a minimum term are not permitted except in the case of extreme financial hardship accompanied by a request in writing.

9.4

Termination will take effect within from the end of the minimum subscription term or as agreed by both parties.

9.5

You remain liable for all fees incurred up to the end of the current service provision date.

9.6

This Agreement may be immediately terminated if there is any breach of these Terms of Use.

9.7

Termination of this Agreement, howsoever caused, shall be without prejudice to any rights or liabilities accrued at the date of termination and shall result in the removal by RENTEAXY of all Property Information uploaded by you on the Website and/or the RENTEAXY App.

9.8

If a subscription is cancelled prior to the end of the minimum term, and the user wishes to join the Website and/or RENTEAXY App in the future, you must first pay out any outstanding balance from previously cancelled subscription, if any.

9.9

You understand and agree that in RENTEAXY’s sole discretion, and without prior notice, your access to the Website and/or the RENTEAXY App may be terminated or suspended, and RENTEAXY may exercise any other remedy available and remove any Materials, if RENTEAXY believes that your use of the Website and/or the RENTEAXY App and/or any Materials you provide (a) violate (i) these Terms of Use (ii) the rights of RENTEAXY, any affiliate or Licensors [as hereinafter defined], or another user of the Website and/or the RENTEAXY App, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to RENTEAXY for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

10. SITE CONTENT

10.1

All information and content available on the Website and/or the RENTEAXY App [hereinafter collectively, referred to as “Content”] is protected by copyright and other intellectual property laws. The Content is owned by RENTEAXY, its affiliates, and/or their respective licensors and suppliers [hereinafter collectively referred to as “Licensors”]. ALL RIGHTS ARE RESERVED. While you may view, print, interact with or download a single copy of any portion of the Content for the purpose set out on our Website and/or RENTEAXY App, information or use, you may NOT copy, edit, vary, reproduce, sell, publish, distribute, modify, display, store, transmit, perform, re-post or otherwise commercially exploit, disseminate in any form whatsoever or use any portion of the Content in any other way or for any other purpose without the prior written consent of RENTEAXY.

11. TRADE MARKS

11.1

You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid [hereinafter collectively referred to as “Marks”] contained on or in the Website and/or RENTEAXY App (save and except for your own Marks and other Advertisers’ Marks) are owned by RENTEAXY or its affiliates or its Licensors or third party partners/clients of RENTEAXY. You agree that you will NOT use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks not belonging to you without prior written consent of RENTEAXY or the relevant affiliate or the Licensors or the relevant third party, partner/client of RENTEAXY. You further agree that you will not alter or remove any Mark, copyright or other notice from any copies of the Content.

11.2

You acknowledge that RENTEAXY possesses absolute and exclusive proprietary rights in the Marks “RENTEAXY” and the goodwill in the said Marks will remain the sole property of RENTEAXY.

11.3

You shall never claim the title or any rights in and to the Marks “RENTEAXY” [referred to as “the RENTEAXY Mark”].

11.4

Unless expressly agreed otherwise by RENTEAXY or unless allowed in these Terms of Use, you shall irrevocably and unconditionally covenant and undertake that you shall NOT at any time in the future, whether in your country of residence/business operation or elsewhere:

(a)

use in your business or company name or trade name any RENTEAXY Mark;

(b)

apply for the registration or protection of any material that is substantially the same as, substantially identical with, substantially equivalent, or deceptively similar or confusingly similar to the RENTEAXY Mark;

(c)

operate any website under and by reference to the domain name(s) incorporating and/or confusingly similar to any of the RENTEAXY Mark;

(d)

conduct business or trade under a name identical to, comprising and/or confusingly similar to the RENTEAXY Mark and/or any other name referring to the RENTEAXY Mark in any way whatsoever;

(e)

otherwise pass off, attempt to pass off, or cause, assist or enable others to pass off any trade mark, any trade names, company name which is similar to the RENTEAXY Mark and/or any word, mark, name, devise which is confusingly similar thereto; and

(f)

engage in any other activities which infringe the Intellectual Property Rights of RENTEAXY.

11.5

Except as expressly permitted in these Terms of Use, you shall not, and shall not permit others to: (a) modify, translate, create or attempt to create derivative copies of or copy the Website and/or the RENTEAXY App in whole or in part; (b) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website and/or the RENTEAXY App to source code form; (c) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the RENTEAXY Services or your right to use the RENTEAXY Services.

11.6

You shall indemnify and keep us indemnified against any and all losses arising from any claims brought against us as a result of any infringement of Intellectual Property Rights of a third party by or through any Material and/or any of the Property Information supplied by the Advertiser and uploaded onto the Website and/or the RENTEAXY App.

12. SOFTWARE

12.1

Please note that all software programming, including without limitation all HTML and other code contained in the Website and/or the RENTEAXY App [hereinafter collectively referred to as “Software”] is owned by RENTEAXY and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to maximum extent possible.

13. THIRD PARTY WEBSITES

13.1

The Website and/or the RENTEAXY App may contain links to websites operated by third parties [“Third Party Websites”]. RENTEAXY may monetise some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs, RENTEAXY does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents. You are advised to check on the privacy policies and terms of use of such Third Party Websites prior to accessing the same.

14. LINKING

14.1

If you operate a website and wish to link to the Website, you must link to the Website’s home page unless permission otherwise has been granted in writing by RENTEAXY. RENTEAXY reserves the right to reject or terminate any links to the Content or the Website.

15. INTERACTIVE FORUMS

15.1

The Website and/or the RENTEAXY App may offer message boards, bulletin boards, chat rooms or other forums [hereinafter collectively referred to as “Forums”] to give users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. RENTEAXY and its affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Use. You may not use the Forums to engage in any Prohibited Activities. Uploading copyrighted or other proprietary Material of any kind on the Website and/or the RENTEAXY without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.

16. RENTEAXY’S RIGHTS

16.1

Given the nature of the Website and/or the RENTEAXY App and the volume of messages and postings (if any), RENTEAXY cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. RENTEAXY reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move, translate, or edit any Materials without notice, at any time for any reason. By using the Website and/or the RENTEAXY App, you expressly agree that RENTEAXY (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

16.2

Notwithstanding anything herein contained, RENTEAXY has the absolute discretion and right to reject any person from using the Website and/or RENTEAXY App or any part thereof.

17. UNSOLICITED MATERIALS

17.1

RENTEAXY does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Website and/or the RENTEAXY App. RENTEAXY and the affiliates shall not be responsible for the similarity of any of its content or programming in any media or Materials or ideas transmitted to the Website and/or RENTEAXY App.

18. WARRANTY DISCLAIMER

18.1

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR THE RENTEAXY APP AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. RENTEAXY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND/OR THE RENTEAXY APP, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE WEBSITE, THE RENTEAXY APP, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND RENTEAXY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO THE PROPERTIES AVAILABLE OR ADVERTISEMENT ON THIS WEBSITE ARE SUPPLIED BY THE ADVERTISERS OR OTHER THIRD PARTIES.

19. LIMITATION OF LIABILITY

19.1

RENTEAXY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVING, LOSS OF REVENUE AND/OR ANY LOSS RESULTING FROM OR CAUSED BY THE WEBSITE, THE RENTEAXY APP, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE) AND/OR ANY SUSPENSION, CANCELLATION OR TERMINATION OR REFUSAL OF YOUR USE OF THE WEBSITE, THE RENTEAXY APP OR ANY CONTENT OR MATERIAL THEREOF. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF RENTEAXY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, CLIENTS, ADVERTISERS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED UNITED STATES DOLLARS FIFTY (USD$50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. HOWEVER, IF YOU ARE A BUSINESS, OUR LIABILITY OF ANY KIND (INCLUDING OUR OWN NEGLIGENCE) WITH RESPECT TO OUR WEBSITE AND/OR THE RENTEAXY APPS FOR ANY ONE EVENT OR SERIES OF RELATED EVENTS IS LIMITED TO THE TOTAL FEES PAYABLE BY YOU IN THE 12 MONTHS BEFORE THE EVENT(S) COMPLAINED OF.

19.2

All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.

19.3

You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

20. FORCE MAJEURE

20.1

The obligations of each party under these Terms of Use shall be suspended during the period and to the extent that the affected party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (war, earthquake, typhoon, adverse weather, strike, lock-outs, labour disputes, riot, civil commotion, fires, floods, terrorism, pandemics, acts of god and any natural disaster, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm).

20.2

In the event of either party being so hindered or prevented, the party concerned shall give notice of suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 3 months, either party may terminate this Agreement by giving the other party 30 days’ notice.

20.3

If the country or location of a particular event becomes unsafe due to an event of Force Majeure as set out in Clause 20.1 above, RENTEAXY shall be under no obligation to repay the whole or part of the event fee, and shall be under no liability to you in respect of any such abandonment, cancellation or suspension.

20.4

Clause 20.1 shall NOT apply to the obligation to pay the subscription fee and/or any payment due or owing by the Advertiser.

21. MISCELLANEOUS

21.1

These Terms of Use shall be governed and construed by the laws of Malaysia. Any dispute, controversy, difference or claim arising out of or relating to this agreement/Terms of Use, including the existence, validity, interpretation, performance, breach or termination or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (Malaysia) (AIAC) under the AIAC Arbitration Rules in force when the Notice of Arbitration is submitted. The seat and venue of Arbitration will be Malaysia. This clause will survive termination of this agreement/Terms of Use.

21.2

Any term, condition, stipulation, provision, covenant or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, stipulation, provision, covenant or undertaking herein contained.

21.3

Failure by RENTEAXY to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.

21.4

Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and RENTEAXY.

21.5

These Terms of Use read together with the Privacy Notice shall constitutes the entire agreement between you and us in connection with the use of the Website and/or the RENTEAXY App. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced. You may not assign your rights or liabilities under this agreement without our prior written consent.

21.6

Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and agents treat as strictly confidential all information received or obtained as a result of using the Website and/or the RENTEAXY App which are confidential in nature.

Related Posts