These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Rentolf (as defined below). Such Services may be provided via a subscription service on or via any of the Rentolf mobile applications and/or website, including all its features and content and the services that Rentolf makes available on or through them, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (the “Platforms”) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
1. General
1.1 These Terms applies to all users of the Services, including without limitation users who are lenders, borrowers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
1.2 These Terms are between you and Rentolf Limited or between you and any different service provider identified for a particular Service. For ease of reference, each of Rentolf Limited and its subsidiaries are referred to in these Terms as “Rentolf”.
1.3 By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, please do not access or use the Services.
1.4 Rentolf reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
1.5 If you have any questions, please refer to our [Help Centre].
2. Use of the Services
2.1 Subject to your compliance with these Terms, Rentolf grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
2.2 You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Rentolf or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Rentolf.
- Use any proprietary information or interfaces of Rentolf or any other intellectual property of Rentolf in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; borrowing and renting your own item(s).
- Authorise or encourage anyone to do any of the foregoing.
2.3 Rentolf reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
3. Account
3.1 You would need to have an account with Rentolf (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
3.2 You may only use the Services if you are 18 years of age or above.
3.3 You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Comply with Rentolf’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
3.4 Unless expressly permitted by Rentolf and subject to these Terms and any other additional terms as Rentolf determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
In addition, you may also claim, redeem and/or purchase subscriptions such as RentolfBiz (“Rentolf Subscriptions”) for access and use of additional features and Services via a subscription service on or via any of the Platforms or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
Any such purchases shall be in accordance with Rentolf’s prevailing subscription rules and fees which are as set out below or referenced herein by hyperlink, and forms a part of these Terms.
3.5.1 RentolfBiz Subscriptions
By using and/or purchasing the RentolfBiz Services (as defined in the Standard Terms for RentolfBiz), you agree to observe and be bound by the Standard Terms for RentolfBiz.
4. Fees and Payments
4.1 Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, commission and/or fixed charges for the relevant transaction(s) and/or fees and charges otherwise in relation to your Account or listing (collectively, the “Rentolf Fees”).
4.2 You may pay your Rentolf Fees using a credit card or debit card. You may also pay your Rentolf Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
4.3 You acknowledge and agree that, without prejudice to any rights, claims and/or remedies which Rentolf may have:
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Account will automatically be suspended and/or terminated with the effect that your listing(s) may no longer be accessible to other users for borrowing or may be withdrawn from Rentolf if payments are not received within ten (10) days from due date;
- in the event of your Account being suspended and/or terminated, you (and not us) (as lender(s)) are responsible for communicating and/or negotiating directly with the borrower(s) in respect of you not being able to comply with any agreement you reach/have reached with the borrower(s) due to the suspension and/or termination of your Account;
- you are solely responsible for any loss or damage caused by the suspension and/or termination of your Account, including but not limited to any damage the borrower(s) or any other person may suffer as a result of you not being able to comply with any agreement you reach/have reached with the borrower(s) due to the suspension and/or termination of your Account;
- If your credit card has expired, or if you wish to use a different credit card, please promptly update the relevant credit card information in the profile page of your Account in our Platforms at least 14 days before your next subscription fee payment is due;
- save as set out in this Clause, all subscription fees, listing fees, commission and/or fixed charges for the relevant transaction(s) and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Rentolf Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- You shall make prompt payment of all Rentolf Fees, in full before the due date stipulated by Rentolf for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Rentolf, without prejudice to any other rights or remedies available to us, Rentolf shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Rentolf Fees and any legal fees and collection costs incurred by Rentolf in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Rentolf reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
- you are responsible for collecting and paying any taxes associated with using and conducting transactions through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
5. Rentolf is a Venue. Important warnings about listed items
5.1 The Services only provide a venue for users to interact with each other, and to borrow and lend items. Rentolf does not pre-screen a user or the Content provided by a user, nor is Rentolf directly involved in transactions between users. You acknowledge, agree and confirm that we are not a party to the borrowing and lending transaction and the relevant agreement among lender(s) and borrower(s). Consequently, Rentolf has no control over, and you agree that Rentolf is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- Any damage or loss suffered by the lender, the borrower and/or any third party as a result of any error in quantity, incorrect specification, damage, fault of items listed and/or any defect in the quality, safety, morality or legality of items listed (in the course of use or delivery).
- The truth or accuracy of the listings, the ability of lenders to lend items or the ability of borrowers to pay for borrowing the items.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
5.2 The lender (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a borrower, we shall not be responsible to you for any items that you borrow through the Services.
5.3 If you are a lender, you (and not us) will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for rental, including giving effect to borrowers’ rights under applicable consumer law and compensating any damage to the borrower or any other person or property caused by your items.
5.4 If you are a borrower, you (and not us) will be responsible for any items you borrow through the Services, including compensating the lender for any loss or damage to those items. You (and not us) will also be responsible for any damage you cause to other people or property when you use those items.
5.5 You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for borrowing. However, please exercise common sense and good judgment in your interactions with other users. While Rentolf endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
6. Your right to use the Services
6.1 The materials and content comprising the Services belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms.
6.2 Your right to use the Services is personal to you and you are not allowed to give this right to any other person. Your right to use the Services does not stop us from giving other people the right to use the Services.
6.3 Unless allowed by these Terms or as permitted by the functionality of the Services, you agree:
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not to copy, or attempt to copy any portion of the Services;
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not to give or sell or otherwise make available any portion of the Services to anybody else;
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not to change, or attempt to change any portion of the Services in any way;
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not to look for or access the code of any portion of the Services that we have not expressly published publicly for general use.
6.4 You agree that all confidential information, copyright and other intellectual property rights in any portion of the Services belong to us or the people who have licenced those rights to us.
6.5 You agree that you have no rights in or to any portion of the Services other than the right to use and access them in accordance with these Terms.
7. Lender Specific Terms
7.1 This Clause 7 applies to you if you are a lender.
7.2 You must not offer to lend through the Services any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for borrowing in your or the borrower’s country of residence. We may remove any items offered for borrowing from the Services if we believe such items are illegal, immoral or damaging to our reputation.
7.3 You are responsible for ensuring that:
- you have all necessary rights to lend any items you advertise on the Services, and that the borrower’s use of those items will not infringe any other party’s rights;
- you deliver any borrowed items to the borrower in accordance with the agreement you reach with the borrower;
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any descriptions of the items you advertise for borrowing through the Services are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely;
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the items you advertise on the Services: (i) conform in all material respects to any pictures or descriptions that you upload to the Services; (ii) are safe to use in accordance with any reasonable instructions that you provide to the borrower; (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the borrower; and (iv) can be legally offered for borrowing.
7.4 You will be responsible for any damage the borrower or any other person may suffer as a result of any defect in the item they have borrowed from you, or for any failure to comply with the requirements in Clause 7.2 or any other of these Terms.
7.5 You are free to agree any other terms on which you lend an item to a borrower, including the price you wish to charge to the borrower for borrowing your item for the relevant borrowing period and any deposit and/or other costs/charges/fees (the “Borrowing Fee“). When you post items for borrowing on the Services, you must ensure that the Borrowing Fee you advertise on your listing is the total price payable for borrowing your items, including any applicable taxes or costs of delivery. You are reminded that you (or the borrower (subject to the agreement between the parties)) will bear any risk of damage or loss of any item (or any injury or damage to any party(ies) or third party(ies)) during delivery or in the course of use. We are not responsible for any loss or damage of the items (or any injury or damage to any party(ies) or third party(ies)) during delivery or in the course of use. You are recommended to purchase insurance from third party insurance companies according to your own needs.
7.6 Once you agree the terms on which you will lend an item to a borrower, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the borrower agrees to those amended terms.
7.7 You are reminded that we are not responsible for and that you shall negotiate and agree directly with the borrower in respect of all the terms, conditions and matters in respect of the borrowing of the item including but not limited to quality of the item, inspection, returning arrangement, liability if the item(s) is damaged, lost or stolen, any late fee, deposit, penalty for damages etc.
7.8 You can remove a listing or cancel your agreement to lend an item to a borrower at any time up to 48 hours before the start of the relevant borrowing period.
7.9 You shall promptly (and in any event within 45 days after passing the relevant items to the borrower) pay all relevant Borrowing Fee / transaction fee / commission charges to Rentolf. Without prejudice to any rights, claims and/or remedies which Rentolf may have, in the event that you fail to pay the charges within the above period, your Account will automatically be suspended and/or terminated.
8. Borrower Specific Terms
8.1 This Clause 8 applies to you if you are a borrower.
8.2 When you agree to borrow an item with a lender, the lender grants you a limited right to use that item for the relevant borrowing period. This right is personal to you and you are not allowed to give this right to any other person.
8.3 Lender(s) may impose additional terms and conditions for borrowing any item. Once you have agreed with such terms and conditions, you will be required to comply with such terms and conditions.
8.4 You are responsible for ensuring that:
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you are legally allowed to use any item that you borrow through the Services;
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you comply with all applicable law when using the item;
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you comply with the additional terms and conditions imposed by the lender in relation to borrowing the item (if any);
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you comply with any reasonable directions provided by the lender in order to use the item safely;
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you return the item in the same condition as it was in when you collected it from the lender (any reasonable wear and tear excepted).
8.5 You are free to agree with the lender how you will return any items you have borrowed from the lender; however, you must ensure that return any items you have borrowed from the lender before your borrowing period ends. You are reminded that you (or the lender (subject to the agreement between the parties)) will bear any risk of damage or loss of any item (or any injury or damage to any party(ies) or third party(ies)) during delivery or in the course of use. We are not responsible for any loss or damage of the items (or any injury or damage to any party(ies) or third party(ies)) during delivery or in the course of use. You are recommended to purchase insurance from third party insurance companies according to your own needs.
8.6 You are reminded that we are not responsible for and that you shall negotiate and agree directly with the lender in respect of all the terms, conditions and matters in respect of the borrowing of the item including but not limited to quality of the item, inspection, returning arrangement, liability if the item(s) is damaged, lost or stolen, any late fee, deposit, penalty for damages etc.
8.7 You are reminded to inspect and check all item before accepting them from the lender, and if there is any error in quantity, defect, incorrect specification, damage, fault or that the item is not in accordance with the listing, you shall raise such issue promptly with the lender.
8.8 You are reminded that we are only a platform provider of the Services and we are not an agent of the lender. The lender (and not us) will be responsible for ensuring that any descriptions of the items they advertise for borrowing through the Services are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely. The lender (and not us) will also be responsible for ensuring that the items they advertise on the Services: (i) conform in all material respects to any pictures or descriptions that they upload to the Services; (ii) are safe to use in accordance with any reasonable instructions that they provide to the borrower; (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to them by you; and (iv) can be legally offered for borrowing. You are recommended to carefully negotiate with the lender and inspect the relevant item where necessary before entering into any transaction, and that you are recommended to consider to seek independent legal advice where necessary.
9. Content
9.1 The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
9.2 You retain ownership rights in the Content which you upload or share on the Services but you grant Rentolf a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Rentolf’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
9.3 You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
9.4 You acknowledge that Rentolf does not pre-screen Content uploaded by users. Rentolf shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Rentolf shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If Rentolf has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
9.5 Rentolf may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
10. Lending and borrowing on Rentolf
10.1 In using the Services to create a listing and offer an item for borrowing (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and Rentolf’s policies from time to time.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items must be listed in the appropriate category.
10.2 You acknowledge and agree that Rentolf has no control over any website other than the Rentolf website and shall not in any event be responsible or held liable for any listing which appears on any website other than the Rentolf website or any expired listing which is retrieved by any search engine.
10.3 Without prejudice to the rest of these Terms and Rentolf’s policies, you warrant, in respect of each item which you offer for borrowing on the Services, that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The borrowing of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
10.4 All offers made and accepted through the Services are binding.
10.5 If you are a lender who has accepted a borrower’s offer for borrowing an item:
- You agree to ship the item or otherwise complete the transaction with the borrower in a prompt manner unless there is an exceptional circumstance, for instance, if the borrower fails to meet the terms of your listing (such as payment method), or you cannot authenticate the borrower’s identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
- You may not alter the item’s price after a borrowing, or misrepresent the item’s location and price.
10.6 If you are a borrower whose offer for an item has been accepted by a lender, you agree to make prompt payment to the lender for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the lender’s identity.
10.7 In communicating with a user through the Services for the offering of or acceptance of borrowing of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
10.8 Notwithstanding the foregoing, as Rentolf is not involved in Transactions which are considered solely between users, Rentolf cannot ensure that a user (whether as a borrower or lender) would follow through and complete a Transaction.
10.9 Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which Rentolf shall not be liable.
11. Disputes between lenders and borrowers
11.1 Lenders and borrowers shall negotiate and agree directly in respect of all the terms, conditions and matters in respect of the borrowing of the item including but not limited to quality of the item, inspection, returning arrangement, liability if the item(s) is damaged, lost or stolen, any late fee, deposit, penalty for damages etc.
11.2 If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Rentolf, Rentolf may attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Rentolf from any claims, demands and damage arising out of your disputes with users of our Services and that Rentolf shall not be responsible for nor liable to resolve or mediate any dispute between lender(s) and borrower(s).
12. Privacy
Your privacy is very important to us at Rentolf and we have provided the Rentolf Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how Rentolf collects, uses and discloses information collected and received from you.
13. Intellectual Property
13.1 You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Rentolf. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Rentolf. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Rentolf.
13.2 The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
13.3 You are not authorised by Rentolf to use Rentolf’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Rentolf, which may be withheld for any or no reason.
14. Reporting Unauthorised Content
14.1 Rentolf respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided [here] to report the same to us.
14.2 Rentolf reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
15. Suspension and Termination
15.1 You may deactivate your Account at any time through the “My Profile” section of your Account.
15.2 Rentolf reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
- Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any Rentolf user, Rentolf employees, representatives and/or officer.
15.3 You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
16. No Warranty
16.1 You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
16.2 Rentolf does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Rentolf’s servers are free of viruses or other harmful components.
16.3 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
16.4 The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Rentolf is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
16.5 No advice or information, whether oral or written, obtained by you from Rentolf or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Rentolf has no obligation to support or maintain the Services.
16.6 Rentolf disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Rentolf is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
16.7 In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Rentolf does not accept any responsibility in connection with your participation in activities conducted by any other party.
17. Limitation of Liability
17.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
17.2 IN NO EVENT SHALL RENTOLF OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT RENTOLF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RENTOLF’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY RENTOLF IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE RENTOLF COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17.3 Nothing in these Terms shall apply to or in any way limit or exclude Rentolf’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.
18. Indemnity
You will indemnify and hold harmless Rentolf, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
19. Compatibility
Rentolf does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Rentolf and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
20. Sub-contracting by Rentolf
Rentolf reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Rentolf deems appropriate.
21. Miscellaneous
You and Rentolf are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21.1 If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
21.2 Except as provided herein, any failure by Rentolf to exercise a right or require performance of an obligation in these Terms shall not affect Rentolf’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
21.3 You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
21.4 These Terms constitute the entire agreement between you and Rentolf and supersedes all prior or contemporaneous understandings and/or agreements between you and Rentolf.
22. Governing Law and Jurisdiction
You hereby agree that the laws of Hong Kong Special Administration Region of the People’s Republic of China shall govern these Terms and that the courts of Hong Kong Special Administration Region of the People’s Republic of China shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated on 1 Feb 2022