1. The Purpose of this Agreement
2. The Terms and Conditions
2.3 When you register a new account or otherwise access, browse and/or use the YORenters.com platform including for the purposes of posting an item listing; you accept and agree to these Terms. When you agree to the Terms you agree that:
when using YORenters.com as a Renter, you promise to us that you will comply with the Renters’ Rental Agreement; and
when using YORenters.com as an Owner, you promise to us that you will comply with the Owners' Rental Agreement;
Additional terms will apply to you depending on whether you are an Owner or a Renter which can be found in the respective Owners’ and Renters’ Rental Agreements.
2.6 The Terms including any rights and licenses granted hereunder, may not be transferred or assigned to a third party by either the Owner or Renter.
3. Changes to this Agreement
3.2 A key characteristic of the Service is that we are continuously updating and improving it to try and find new ways to facilitate you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of YORenters.com, or feature relating to YORenters.com ("changes to YORenters.com"). These changes to the YORenters.com platform may affect your past activities on YORenters.com, features that you use, your User Account, your User Content and any other information you submit to YORenters.com. By adhering to these terms, once these changes have been implemented you understand and accept that any changes to YORenters.com could involve your information and/or User Content being deleted or reset.
4. YORenters, The Company
4.1 YORenters Services Sdn. Bhd. ("we", "us", “our” or "YORenters" hereinafter) is a company incorporated in Kuala Lumpur, under Malaysian law. Registered business number 1353921-X, and a registered address at B-01-08, Seri Gembira Avenue, Jalan Senang Ria, Taman Gembira, 58200 Wilayah Persekutuan Kuala Lumpur.
5. YORenters.com, The Platform
6. YORenters’ Role
6.1 YORenters operates and makes available to you the YORenters.com platform that allows:
- Users to advertise items for rent (such users that rent out being the "Owners");
- Users to browse for potential items for rent (such users that rent being the "Renters");
- Users to communicate with and enter into agreements (The Users’ Rental Agreements) using the YORenters.com platform to rent out such items; and
- Users to open disputes concerning the transactions made through YORenters.com, where YORenters will act as the intermediary to expedite, process and resolve said disputes.
6.2 Separate Party
You accept and understand that YORenters is not itself the Owner or Renter and is acting as an intermediary only in respect of any transactions entered into between Owners and Renters for the rental of items through YORenters.com. Any agreement for the rental of any items through YORenters.com is between the relevant Owner and Renter and you hereby acknowledge and agree that YORenters is not a party to any oral or written agreement or contract entered between the Owner and Renter in connection with any transaction related to YORenters.com.
6.3 Exclusion of Liability
While YORenters endeavours to provide YORenters.com for the mutual benefit of both Owners and Renters and has drawn up rules with that as its aim, YORenters cannot be held responsible for, and, to the maximum extent permitted by law, excludes liability for, the conduct of the users of the YORenters.com platform.
6.4 YORenters’ Rights
You acknowledge that in its capacity as an administrator of YORenters.com and an intermediary in any transactions carried out through YORenters.com, YORenters has the discretion to cancel any listing posted by an Owner, any request to rent an item submitted by a Renter, or any transaction, upon the provision of written notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the Renters' Rental Agreement or the Owners' Rental Agreement.
7. Owners’ Role
The Owner is defined as a User of the YORenters.com platform that publishes and subsequently rents out item listings to prospective Renters.
When you agree as an Owner to rent out an item to a Renter, you acknowledge that you are entering into a contract with the Renter and that such contract with the Renter includes a promise by you to comply with the Owners' Rental Agreement and these Terms. You also acknowledge that:
- the Renter is in no way acting under the control, or on behalf of YORenters;
- your agreement to rent out any item to the Renter is solely with the Renter; and
- you agree not to make any claim or assertion that YORenters is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Renter.
You agree that you are solely responsible for your compliance with the Owners' Rental Agreement, fully liable for any non-compliance with the Owners' Rental Agreement and any compensation due to the Renter in respect of any such noncompliance, including ensuring that the item offered for rental matches the description in your item listing. You further acknowledge that YORenters does not have:
- any responsibility for your compliance with the Owner's Rental Agreement;
- any obligation to underwrite any liability you may have for noncompliance; or
- any obligation to compensate the Renter for any breach of your agreement with the Renter in any way.
8. Renters’ Role
The Renter is defined as a User of the YORenters.com platform that searches and subsequently rents items from published item listings posted by the respective Owners.
When you agree as a Renter to rent an item from an Owner, you acknowledge that you are entering into a separate contract with the Owner and that such contract with the Owner includes a promise by you to comply with the Renters' Rental Agreement and these Terms. You also acknowledge that:
- the Owner is in no way acting under the control, or on behalf of YORenters;
- your agreement to rent any item from the Owner is solely with the Owner; and
- you agree not to make any claim or assertion that YORenters is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Owner.
You agree that you are solely responsible for your compliance with the Renters' Rental Agreement, fully liable for any non-compliance with the Renters' Rental Agreement and any compensation due to the Owner in respect of any such noncompliance, including the loss or damage to the item of which you have rented. You further acknowledge that YORenters does not have:
- any responsibility for your compliance with the Renters' Rental Agreement;
- any obligation to underwrite any liability you may have for non-compliance; or
- any obligation to compensate the Owner for any breach of your agreement with the Owner in any way.
9. New User Registration
9.1 To access and use the services provided in YORenters.com, you will have to login to your registered User Account. Registering an account will require your email address and a password – we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your User Account.
9.2 When creating an account you confirm that:
- you are at least over eighteen (18) years of age and capable in your country of residence of entering into a legally binding agreement to use YORenters.com or if you are younger than 18 years of age, you agree to have your parent or guardian’s consent to use YORenters.com and/or access YORenters.com by which on this instance, we will hold a legally binding agreement with your parent or guardian;
- you are or intend to be either an Owner or Renter;
- you have the authority to enter into and/or accept these Terms;
- all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by accessing your User Account page or by contacting us at [email protected] If there are reasons for us to believe that your information is not true, accurate and/or up to date, we may bring about restrictions to your User Account;
- you will comply with the terms and conditions on your use of YORenters.com as set out in these Terms; and
- in relation to any content material submitted to or posted on YORenters.com by you, you understand and warrant that you have the express authority to or right to do so and have obtained all necessary licences and or approvals necessary to post said content.
You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [email protected] straight away to let us know.
10. User Information
- to check and verify the legitimacy of your identity;
- to perform checks on illegalities such as fraud, anti-money laundering and tax evasion;
- for conducting "know your customer" (KYC), "know your transaction" (KYT) checks; and
- to consult with credit reference agencies and/or cyber security organizations.
You also agree to receive customized direct electronic messaging marketing communications that may or may not be based on your preferences from us unless you tell us that you prefer not to receive such communications.
11.1 The restrictions met out in this section will be in parallel with the terms met out in Section 18 (“Fair Use Policy”) of this Agreement. You hereby accept to have read and understood that as a condition of your use and access of the YORenters.com platform, you agree that you will not:
- breach or violate any applicable laws or regulations, third party rights and/or policies which you are subject to;
- breach or violate any of the Terms;
- breach or violate the Owners' Rental Agreement, when acting as an Owner;
- breach or violate the Renters' Rental Agreement, when acting as a Renter;
- post any threatening, abusive, defamatory, obscene, inappropriate and/or indecent material (including any personal information about any user) on YORenters.com;
- upload, post, transmit, disseminate, distribute or otherwise communicate any false or misleading material or message of any kind on YORenters.com;
- use YORenters.com to intentionally deceive other users;
- infringe the rights of any third-party;
- disassemble, decompile, reverse-engineer and/or create derivative works based on the whole or any part of YORenters.com;
- distribute spam, chain letters, affiliate marketing, unsolicited commercial advertisements or promote pyramid schemes;
- distribute any viruses or any other technologies that may harm YORenters and/or the interests or property of YORenters.com users;
- impose and/or contribute to imposing an unreasonable load on the YORenters.com infrastructure and/or interfere or attempt to interfere with the operation of YORenters or any third party participation on YORenters.com;
- copy, modify, or distribute any other users’ content without their consent or prior notice;
- use any robot, spider, offline readers, scraper and/or other automated means to access YORenters.com and/or collect or misuse or misappropriate information or content for any purpose without our express written permission;
- harvest or collect and/or otherwise utilize or publish any information about other users, including but not limited to, names, addresses, phone numbers or email addresses without their consent;
- copy, modify or distribute rights and/or content from YORenters.com, YORenters’ services, applications, tools and/or YORenters’ copyrights and trademarks;
- bypass security measures used to prevent and/or restrict access on the YORenters.com platform;
- rent out any counterfeit items and/or otherwise infringe the copyright, trademark or other rights of third parties;
- leave any untrue and/or inappropriate feedback about any user and shall at all times use careful and good judgment in leaving any feedback; or
- recruit, solicit, or contact via any medium, any users for employment or contracting for a business not affiliated with or appropriate for YORenters.com (as determined by YORenters in its sole discretion) without prior and written authorisation from YORenters.
12. User Account
Your account is personal to you and may not be transferred to or shared with any other person. You are responsible for keeping your account and login details secure at all times and for all activities that occur and/or are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service and shall notify YORenters of any breach of security or any unauthorised use of your account. You agree that you will not misrepresent yourself or represent yourself as another user of YORenters.com.
12.2 Unauthorised Use
You are advised to periodically change and instil a strong password related to your account and whenever available, to establish extra security measures to the login of your email address such as using a two-step verification procedure with your email service provider. You hereby acknowledge and agree that YORenters will not be responsible and/or liable for any losses caused or suffered by you under circumstances where your account is used by someone else without your prior consent. In addition you may be, up to the full extent of your accountability, be liable for the losses of YORenters or others due to such unauthorised use.
13. User Rights
13.1 In consideration of you complying with the Terms, YORenters grants you a personal, revocable, non-transferable and non-exclusive license and/or right to access and/or use YORenters.com as a User in compliance with these Terms.
13.2 IP Rights
- not to copy, attempt to copy, reproduce, republish, download, post, broadcast, record, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on YORenters.com or the computer codes of elements comprising the YORenters.com platform other than for your own personal use.;
- not to give or sell or otherwise make available any other portion of YORenters.com to anybody else;
- not to change, or attempt to change any other portion of YORenters.com in any way;
- not to look for or access the code of any other portion of YORenters.com that we have not expressly published publicly for general use.
Your right to use YORenters.com is personal to you and you are not allowed to give this right to any other person. Your right to use YORenters.com does not stop us from giving other people the right to use YORenters.com.
14. User Content
14.1 Your Responsibility
You understand that you are solely and fully responsible and aware of the consequences for any content that you post or otherwise submit to YORenters.com (your “User Content"). You represent that you have all necessary authority and/or rights to your User Content and that publication of your User Content through the YORenters.com platform will not infringe the rights (including intellectual property rights) of any other third party. You agree to compensate YORenters for any losses that YORenters suffer as a result of any breach by you of any of the promises made by you in these Terms.
You therefore affirm, represent, and warrant that the nature of your activities on YORenters.com and any content submitted by you does not:
- represent anything pornographic, harassing, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening or discriminatory;
- come off as racially, culturally, or ethnically offensive;
- incite, advocate, or express pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence;
- encourage conduct that would be considered a criminal offence;
- give rise to civil liability or violate any law;
- promote racism, hatred or physical harm of any kind against any group or individual;
- contain nudity, violent symbols or is otherwise inappropriate or represents an inappropriate subject matter;
14.3 The Nature of Your User Content
When you publish your User Content on to the YORenters.com platform, you hereby affirm, represent and warrant that you:
- own and/or have the licenses, consent, permissions and right to use the posted User Content;
- grant us a worldwide, non-exclusive, irrevocable, royalty-free, transferable, sub-licensable right to use, copy, reproduce, distribute, reformat, modify, publish, license, sub-license, translate, prepare derivative works of, display, perform, and/or make available any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content;
- allow us to, without limitation, promote and redistribute the content on YORenters.com and on any medium and/or media whether currently known or to be discovered in the future and on all other sites, services, applications and tools;
14.4 Personal Information
14.4 Personal Information
14.5 Removing your User Content
If YORenters becomes aware that any of your User Content does not, (as determined by YORenters in its sole discretion) comply with the Terms, you acknowledge that YORenters may remove it, without giving prior notice to you and/or terminate your account without prior notice for a violation of this provision and shall not be held liable to you or to any third party for any and all losses arising therefrom. YORenters reserves the right in its sole and absolute discretion, without notice or delay to:
- immediately remove (or instruct you to remove) your User Content wholly or partially from YORenters.com;
- temporarily or indefinitely prevent you from adding further content on YORenters.com;
- cancel a request to rent or an offer to rent out a particular item;
prohibit your access to YORenters.com permanently or temporarily, if YORenters reasonably believes that:
- you have breached and/or violated any of these Terms;
- you have breached and/or violated any applicable laws or regulations, third party rights and/or policies which you are subject to;
- you are acting inconsistently with the spirit of the YORenters community or our policies (including, without limitation, circumventing temporary or permanent suspensions, or harassing YORenters employees or other users);
- you have engaged in improper or fraudulent activity, or your actions may be offensive, illegal or that might cause or violate the rights, harm, legal liability or financial loss to or threaten the safety of YORenters or users of YORenters.com;
- items are listed against incorrect or inaccurate content;
- you have been undertaking Fee Avoidance (as defined in Section 16, “Fees”);
- you are suspected of involvement in copyright infringing activities and/or infringement of intellectual property rights on YORenters.com; or
- it is required to do so by applicable law or to protect the interest of other users of YORenters.com.
You acknowledge that YORenters does not monitor or moderate or endorse your User Content or any opinion, recommendation or advice provided by any user. Although YORenters has rules for the posting and uploading of User Content, the features of YORenters.com may be misused and sometimes User Content can still be posted that is misleading or deceptive. You should not therefore rely on any other user's content (the "User Content") being accurate or complete. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.
15 Third Party Content
15.1 Content Published by Third Parties
We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other content) to augment your User Content. You may use such information solely in connection with your User Content during the time your User Content is displayed on YORenters.com. Third Party Content may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Content (other than by including such Third Party Content in your listings). This permission is subject to modification or revocation at any time at our sole discretion, and we shall post on YORenters.com, any such modifications or revocations in respect of any Third Party Permissions.
15.2 Continuing Obligations
15.3 Exclusion of Liability
You agree to and hereby waive any legal or equitable rights or remedies you have or may have against YORenters, and agree to indemnify and hold YORenters, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the YORenters.com platform.
16.1 On each occasion that a transaction is created between the Renter and Owner for the rental of an item that is made available through YORenters.com:
- as an Owner, you agree to pay to YORenters a service fee (the "Owner Transaction Fee") that is a percentage of the Total Rental Earnings, which is made up of the Total Rental Price +/(-) (if applicable) any other additional charges, chargebacks, fees, discounts and/or penalties, as stated in detail in the Owners’ Rental Agreement;
- as a Renter, you agree to pay to YORenters a service fee (the "Renter Transaction Fee") that is a percentage of the Total Rental Price +/(-) (if applicable) any other additional charges, chargebacks, fees, discounts and/or penalties, as stated in detail in the Renters’ Rental Agreement;
- The respective Owner or Renter may choose to pay the service fee by credit or debit card (the "Card"), or bank transfer or any other payment method as stated in the payment gateway which will be subject to additional Processing Fees by our Third Party Service Provider;
- YORenters retains the right to suspend the processing of any transaction where it is reasonably believed that the transaction may be fraudulent, illegal or involves any criminal activity or where it is believed there is a breach of the Terms between the parties and/or with YORenters. In such an event, you shall not hold YORenters liable for any withholding of, delay in, suspension of or cancellation of, any payment to you; and
- continuing on from Section 16.1(d) you agree that you shall cooperate in relation to any criminal investigation that is required and to assist YORenters in complying with any internal investigations, regulations, instructions from the authorities or requirements of existing prevailing laws.
If you are a Renter, once you have agreed to rent an item from the Owner, we will charge you the full Rental Price on the Owner's behalf. You agree to be charged and pay to YORenters the full Total Rental Price PLUS the Renter Transaction Fee. The "Total Rental Price" refers to the daily rate (“Rental Price”) you have agreed to pay to rent the item multiplied by the number of days that you have agreed to rent the item.
16.3 Owner Fee
If you are an Owner, we will collect the Rental Earnings from the Renter on your behalf. You will receive the Total Rental Earnings due to you during the scheduled earnings payout cycle after your order has been completed. The “Total Rental Earnings” refers to the Rental Earnings LESS any applicable service fee such as the Owner Transaction Fee due and owing to YORenters as stated above. As an Owner, you authorise YORenters to collect these fees on your behalf.
You acknowledge that you are solely responsible for payment of any applicable taxes (if any) owed by you pursuant to your use of the YORenters.com platform. YORenters is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction made through YORenters.com. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.
Our fees are payable in Ringgit Malaysia, and we may in our sole and absolute discretion as necessary or where appropriate change them from time to time. We shall notify you of changes to our fee policy by posting such changes on YORenters.com and to the email address registered to your account.
16.6 Changes in Fees
We may in our sole and absolute discretion as necessary or appropriate also choose to temporarily change our fees for promotional events or new services whereby these promotional events or new services shall accordingly be honoured by you. These changes shall be effective when we announce the promotional event or new service on YORenters.com and shall notify you of these promotional events and new services by posting details on YORenters.com and will also send an email to the email address registered to your account.
16.7 Fee Avoidance
You also agree that where you have contacted a particular user through YORenters.com, you shall not complete a rental booking, order or any other type of transaction other than by using YORenters.com, or engage in any other practice which may avoid or lower the amount of applicable fees due and owing to YORenters as stated above that would otherwise have been payable had the transaction been completed using YORenters.com (the "Fee Avoidance"). In the event of engagement by any user(s) in any Fee Avoidance, such user(s) shall indemnify and hold harmless YORenters in respect of any losses suffered by YORenters as a result of such Fee Avoidance. Or in the event that you attempt to engage a user you met through YORenters.com in a rental or transaction that does not use the YORenters.com platform, you are liable to, in YORenters’ sole discretion, pay a penalty/fine of up to RM10,000 for doing so, regardless of whether your attempts are successful or not.
16.10 Credit/Debit Card
When you create your User Account, you will need to provide us with valid, up-to-date and complete credit or debit card details. When you agree to rent an item, you authorise us to charge such credit or debit card for the relevant Rental Price and Renter Transaction Fee and hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.
16.11 Unsuccessful Payment
If we are unsuccessful in charging the relevant price, fees, commissions, fines or any other amount to your credit or debit card, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to YORenters.com (without any responsibility to you), and we shall be under no obligation to provide any user access to YORenters.com while the amount concerned is unpaid. This does not affect any other rights and remedies available to us. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled. Alternatively, contact us at [email protected] so that we can assist in finding a solution to any pertaining issue.
17. YORenters Wallet
The YORenters Wallet acts as a Security Deposit which is an online service that stores the amount of security deposit from Renters. The wallet is open to the deposit and withdrawal of funds at any time although will be subject to the terms stated herein. A Security Deposit is collected from the Renter to protect the Owner in case the Renters violate the terms of the rental such as but not limited to, penalty fines due to late return, the apparent and enforceable damage, found defective or loss of the rented item.
If you are a Renter, you will be unable to proceed with a rental booking if the balance in your wallet is less than the item's required Security Deposit amount. The required amount in the Security Deposit will be frozen when Order is Confirmed and will be subsequently unfrozen after Order is Completed and no disputes raised by the respective Owner.
The nature of the deposit is that it acts as a security for the Owner on each occasion when an item is rented. Once the item has been returned to the Owner and the Owner is satisfied with the condition of the item, the whole or a partial amount of the Security Deposit will be unfrozen and will be able to be withdrawn or be used for another rental booking as decided by the Renter.
17.4 Owners’ Right
If you are an Owner, you will have the right to decide the amount of Security Deposit to be collected from Renter for all of your item listings (This is optional, you can put the required deposit amount to RM0.00 if you wish to do so). However, this amount cannot be more than the current value of the item. You will also have the right to raise a claim on the security deposit in the event the Renter has violated any of the terms of the Rental Agreement stated therein such as, without limitation and within reason, the late return, damage or loss of your item.
The online wallet is only used for the purpose of depositing funds for the purpose of security, withdrawals, when meeting the criteria to rent from item listings and/or to collect fines for late payment, loss and/or enforceable damage to the rented item. The payment made for the full Rental Price and other applicable fees cannot be deducted from the wallet itself. The wallet strictly acts as a refundable security deposit option solely for the Owners’ own protection.
18. Fair Use Policy
- circumvent, disable or otherwise interfere with any security related features of YORenters.com;
- give any false or misleading information, impersonate any person or permit any other person to use YORenters.com under your name or on your behalf unless such person is authorised by you;
- use YORenters.com if we have suspended or banned you from using it;
- advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
- promote or advertise any goods or services, other than items you as an Owner make available for rent through YORenters.com;
- send any unsolicited marketing communications through YORenters.com;
- modify, interfere, intercept, disrupt or hack YORenters.com;
- misuse YORenters.com by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the YORenters.com platform or any user of YORenters’ own software or equipment;
- submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
- submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
- use any User Content in violation of any licensing terms specified by the owner;
- other than leaving reviews about other users or items, submit or contribute any information or commentary about another person without that person's permission;
- threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users and YORenters employees);
- use any automated system, including but not limited to "robots", "spiders" or "offline readers" to access YORenters.com in a manner that sends more request messages to YORenters.com than a human can reasonably produce in the same period of time;
- enter into any agreement to rent or rent out an item other than through the YORenters platform with any other user who you initially met through YORenters.com. “Doing so is “Fee Avoidance” and you will be liable to a fine/penalty of up to RM10,000.
- immediate, temporary or permanent withdrawal of your right to use the YORenters.com platform;
- immediate, temporary or permanent removal of your User Content wholly or partially;
- issue a warning to you;
- to take legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses as described are not exhaustive, and in our sole discretion we may take any other action we may reasonably see fit and deemed appropriate based on the circumstance at hand.
18.3 Infringement Notice
Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through YORenters.com infringes their rights. The Infringement Notice should be sent by email to [email protected] Please provide the following information in the Infringement Notice:
- your name and contact details;
- a statement explaining in sufficient detail why you consider that the content available through YORenters.com infringes your rights or fails to comply with our Rules of Acceptable Use; and
- a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
19. Ending Usage
If YORenters believes that you intend to cause harm to any items you rent through the platform, or believe you are renting with intent to steal; we reserve the right to cancel your rental immediately without warning and charge you an appropriate sum. This sum will increase up to but not more than the total value of the items in question, at the sole and absolute discretion of YORenters to determine in each instance. Alternatively, you can simply choose to stop using YORenters.com at any time. In addition, you may also contact YORenters via email at [email protected] and request that we deactivate your account.
19.2 YORenters’ Right
You acknowledge that your use of YORenters.com is subject to YORenters's discretion and YORenters may, in the event of your breach of the Terms, at its sole discretion, withdraw your rights to use YORenters.com on the provision of written notice with immediate effect. You hereby acknowledge and agree that YORenters in its sole and absolute discretion has the right to delete, terminate, or deactivate your account, block your email or IP address, cancel the Service or otherwise terminate your access to or participation in the use of the Service or any part thereof, or remove and discard any submitted content on the Service immediately and without notice and for any reason which they may but is not obliged to disclose.
Upon deactivation of your account, your account shall be disabled, and you may not be granted access to your account or any files or other data contained in your account. Your right to participate in the Service in any way shall automatically terminate. YORenters shall not be liable to you or any third party for any deactivation or termination of your access to the Service. YORenters retains the right to use any data collected from your use of the Service and all related licenses you have granted YORenters hereunder shall remain in effect for the foregoing purpose. In no event is YORenters obligated to return any content submitted to you. All terms and conditions and rights in favour of YORenters shall survive termination and remain in the full benefit of YORenters.
19.4 Exclusion of Liability
You agree to indemnify and hold YORenters, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless and pay any claim or demand, including solicitors' fees and court costs, made by any third party due to or arising out of the termination or use of YORenters.com.
19.5 This Agreement
19.6 End Request
You must notify us if you wish to close your Account by contacting us by sending your details and purpose to [email protected] and we will end your user account on YORenters.com.
19.7 Your User Content
If you or we end your use of the YORenters.com platform or we withdraw the services provided in YORenters.com as described in this section, we may delete your User Content, any other information that you have uploaded to YORenters.com or any other information we hold about you. You will also lose any rights you have to use YORenters.com or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on YORenters.com, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use YORenters.com or any such information, content or User Content.
20. User Liability
Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence. The rules pertained in this Agreement are non-exhaustive and will be written in added detail in the Users’ Rental Agreement.
Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence. The rules pertained in this Agreement are non-exhaustive and will be written in added detail in the Users’ Rental Agreement.
20.2 Owner Liability
20.2.1 Rental Risks
As the Owner, you accept and understand, owing to the nature of a rental marketplace, you are aware of the risks that come with renting out items such as, without limitation the possible damage, malfunction or total loss of your item of rental. Hence, it is advised to only rent out items that are not an absolute necessity to your financial, physical, mental and/or spiritual well being.
20.2.2 Item Description
As an Owner, when listing an item for rent through YORenters.com, you must give true, accurate and up to date details of the condition of the item and detail(s) of what is added, included, modified, changed and/or absent from said item. YORenters shall be in no perceptible way liable to the acts or omissions made by you when creating your item listing. The rules pertained in this Agreement will further be enhanced by the described rules in the Owners’ Rental Agreement.
20.3 Renter Liability
As a Renter, by requesting to rent an item through YORenters.com, you understand and accept that if we have reason to believe you have caused ascertainable damage to the item or have lost the item, we will charge you up to the full estimated Current Value of the item from your YORenters wallet without seeking further permission from you. If you do not know how much the item is worth, please contact us at [email protected] prior to submitting your request and we will assist you. If you do not have funds available for the estimated current value of the item, do not request to rent the item.
20.3.2 Late Return
You further acknowledge that as a Renter, if you return the item after the Return Deadline (as defined in the Renters’ Rental Agreement), we are entitled to charge you a percentage of the full Rental Price and Renter Transaction Fee for each additional day that the item is not returned after the Return Deadline. You further acknowledge that we may take the funds directly from your account to cover such charges, without the need to obtain permission from you. The Return Deadline is the time you have agreed to return the item to the Owner when the order was made during your rental booking.
20.3.4 Default Payment
If you refuse to pay for liable fees or penalties, or to pay any amount that you owe to YORenters or a YORenters user, for any reason, within the timeframe given to you by YORenters, you understand and accept that YORenters will restrict your User Account and engage the services of debt collectors who will pursue this debt of yours on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you. The rules pertained in this Agreement will further be enhanced by the described rules in the Renters’ Rental Agreement.
21. Our Liability
Nothing in these Terms shall limit the liability of YORenters for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.
To the maximum extent permitted by applicable law, YORenters.com is provided to you without warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Without limiting the foregoing, the Owner does not warrant that the item for rent or any rental transaction will meet Renter’s requirements and it is of no fault to YORenters if the item conditions are not as vouched for and/or as described in its item listing.
21.2 YORenters’ Role
Under no circumstances shall YORenters be liable or responsible for the acts or omissions of any third party who uses YORenters.com (including any third party with whom you as a user enter into a transaction with through YORenters.com). YORenters is acting as an intermediary only in respect of any transaction concluded by parties introduced to each other through YORenters.com for the rental of any item listed on YORenters.com and accepts no liability for the performance of either party (i.e. Renter or Owner) in relation to any such transaction.
21.3 Without prejudice to section 21.2 above, YORenters is not responsible for:
- losses not caused by our breach;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by at the time of entering into this Agreement, (for example loss of profits or loss of opportunity);
- User Content to the extent that such content is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or
- failure to provide YORenters or to meet any of our obligations under this Agreement where such failure is due to “Events Beyond Our Control”. "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Service or fulfilling any of our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
21.4 Third Party Content
While we will do our best to ensure that the YORenters.com website is of a reasonable standard and quality and matches any descriptions we have provided you, YORenters.com may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
To the maximum extent permitted by applicable law, in no event shall YORenters, their subsidiaries, affiliates, agents, members, managers, directors, officers, employees, or suppliers be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from any rental or the use of, or inability to use the YORenters.com platform. Accordingly, to the extent legally permitted we expressly reject all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. That being said, your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence will not be affected.
22.1 Exclusion of Liability
23.1 Reporting on abusive, threatening, or infringing content
If any of the content posted or submitted on YORenters.com by another user makes you feel threatened, or abused, or if you believe any such content is offensive or otherwise breaches the Terms, please contact us at [email protected]
24.1 Disputes between Users
- If you have a dispute with one or more YORenters user(s), you release us (and our officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
- Notwithstanding section 24.1(a), if the Renter and Owner are unable to resolve a dispute, YORenters will use reasonable efforts to mediate in respect of such dispute and, without prejudice to its rights set out under these Terms, may choose to deduct monies up to the estimated Current Value of a particular item from the account of the Renter to compensate the Owner following loss or damage of a particular item that has been rented as part of the transaction.
24.2 Dispute between Renters and Owners
We encourage users to resolve any disputes directly with us.
- If as a Renter, you have lost or damaged an item, you are responsible for reimbursing the Owner immediately for the full value of repairing the item (if possible) or replacing it.
- If you are an Owner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a Renter. Where you claim that a Renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a Renter, to support your claim that any damage was caused by the Renter (and was not present at the start of the rental period).
24.3 Disputes between you and YORenters
- If you have a dispute with us relating to YORenters.com, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- All disputes, controversies or differences which may arise between the parties hereto in respect of the access and/or use of YORenters.com or these Terms, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Malaysia.
- Should the parties however fail to resolve any controversies over the interpretation of or any dispute arising out of this Agreement or anything incidental thereto these shall then be resolved by arbitration.
25. Intellectual Property
YORenters or the Group reserves all rights not expressly granted in and to YORenters.com and the Content Data. You agree not to use, copy, or distribute any of the Content Data other than as expressly permitted herein, including any use, copying, distribution, transfer, broadcast or otherwise exploitation of submitted content obtained from YORenters.com for commercial or any other purpose whatsoever without the prior written consent of the respective owners. If you download or print a copy of the Content Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with the security features of YORenters.com or features that prevent, enforce limitations or restrict use or copying of any Content Data.
25.3 User Content
Notwithstanding the aforementioned, it is expressly stated that you will retain ownership and shall be responsible for any content that you provide or upload when using YORenters.com, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transfer or store when making use of YORenters.com. You acknowledge and agree that by uploading and posting content on to YORenters.com for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of such.
26. Third Party Rights
26.1 Nothing expressly stated or referred to in this Agreement gives any person other than the parties to this Agreement any legal or right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement, and this Agreement and all of its provisions are for the sole and exclusive benefit of the parties to this Agreement and their successors and permitted assigns. You agree to indemnify and hold YORenters, and its officers, managers, members, affiliates, successor, assignors, directors, agents, suppliers, and employees harmless and pay any claim or demand, including solicitors' fees and court costs, made by any third party due to or arising out of the termination or use of the rented item and for any liability associated with any personal accident/injury as a result of the use of the rented item.
You acknowledge that YORenters may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
27.2 You agree that you shall cooperate in relation to any criminal investigation that is required and to assist YORenters in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
27.3 You acknowledge that your right to access and use YORenters.com is subject to applicable law. If a court of competent jurisdiction deems any provision of the Terms to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
27.4 These Terms and all matters arising out of it in all respects shall be governed by and construed in accordance with the laws of Malaysia. In relation to any legal action or proceedings arising out of or in connection with these Terms and/or Agreement, you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Malaysia in the event of any claims or disputes arising therefrom and waives any objections in any such courts on the grounds of venue, or on the grounds that the legal action or proceedings have been brought in an inconvenient forum.
28. Warning - Important Disclaimers
28.1 YORenters’ Role
YORenters is a technology company that does not provide rental services nor is it a rental provider. It is up to the third party Owners to offer items for rent and it is up to the third party Renters to accept such items for rent from said Owners. The role of YORenters is to produce and maintain a platform to connect the Renters with the Owners, hence does not nor is it intended to provide rental services and/or act in any way that can be interpreted as an act of a rental service provider.
28.2 Owners’ Responsibility
YORenters only provides a platform that enables users to rent and rent out items, but does not rent or rent out items itself. We also do not regularly monitor the quality of the items made available for rent by Owners through YORenters.com. As such, the Owner (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. Hence, YORenters is not responsible nor liable for the acts and/or omissions of any Owners for any rental services provided to prospective Renters. As an Owner, you will be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for rent, including giving effect to Renters' rights under applicable consumer law and compensating any damage to the Renter or any other person caused by your items.
28.3 Renters’ Acknowledgement
As a Renter, you will be responsible for any items you rent through YORenters.com, including compensating the Owner for any loss or damage to those items. You will also be responsible for any damage you cause to other people or property when you use those items. You acknowledge and agree that YORenters will not be responsible to you for any items that you rent through YORenters.com. If you breach the Terms and YORenters takes no action against you, YORenters reserves its rights to take action against you at a later date.
You hereby acknowledge and agree that YORenters is not a party to any oral or written agreement or contract entered between the Owner and Renter in connection with any transaction related to YORenters.com when the transaction is made outside of the YORenters platform.
28.5 Third Party Rights
You acknowledge that YORenters may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
You hereby acknowledge and agree that nothing in the Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between YORenters and any user. You do not have any authority whatsoever to bind YORenters in any respect. Neither YORenters nor any users of YORenters.com may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision, and a party’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
You acknowledge that your right to access and use YORenters.com is subject to applicable law. If a court of competent jurisdiction deems any provision of the Terms to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. These Terms and all matters arising out of it in all respects shall be governed by and construed in accordance with the laws of Malaysia. In relation to any legal action or proceedings arising out of or in connection with these Terms and/or Agreement, you irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Malaysia in the event of any claims or disputes arising therefrom and waives any objections in any such courts on the grounds of venue, or on the grounds that the legal action or proceedings have been brought in an inconvenient forum.
28.9 The Terms and Conditions
For any help in using YORenters.com please refer to the YORenters FAQ page. If you have any further questions, complaints or comments about YORenters.com, please contact us at [email protected]
29.2 These Terms
If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at [email protected]
We value hearing from our users, and are always interested in learning about ways we can improve YORenters.com so send us feedback by emailing us at [email protected] By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
Except for notices relating to illegal or infringing content, your notices to us must be sent via registered mail to YORenters Sdn. Bhd., B-01-08, Seri Gembira Avenue, Jalan Senang Ria, Taman Gembira, 58200 WP Kuala Lumpur. We will send notices to you via the email address you provide in your User Account, or by registered mail.