This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein (collectively referred to as the "Agreement" or "Terms of Service"). By accessing or using this Website in any manner, you agree to be bound by the Agreement.
Please read the Agreement carefully. If you do not accept these terms of service, please do not use this Website.
We reserve all rights, at any time and at our sole discretion to change or otherwise modify the Agreement without prior notice.
Hence, kindly be reminded to review the most updated version of the Agreement as your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
When using particular services on the Website, you are also subjected to any posted policies or rules applicable to such services, which may be made available to you on the Website. All such policies or rules are hereby incorporated into this Agreement.
KEY DEFINITIONS (1)
RentMarket provides an online platform that connects hosts who have available properties to list for rental to guests who are seeking to book such properties (collectively known as the "Services" hereinafter). The Services are accessible at www.rentmarket.com.my and any other websites through which RentMarket makes the Services available (collectively known as the "Site" hereinafter), and as applications for mobiles, tablets and other smart devices and application program interfaces (collectively known as the "Application" hereinafter).
These definitions apply in these Terms of Services unless the context requires a different interpretation:-
"Accommodation" includes but is not limited to residential, commercial, and entertainment properties.
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The host alone, and not RentMarket, is responsible for the Accommodation Fees for his/her Listing. The Host may in his or her sole discretion decide to include in these amounts,
(i) a cleaning fee or any other fee permitted on the RentMarket platform; or
(ii) Taxes that the Host determines that he/she has to collect.
KEY DEFINITIONS (2)
"Booking" means either
(i) a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the relevant confirmed booking, during which time the Host (only where and to the extent permitted by the applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest's agreement or arrangement with the Host; or
(ii) a lease or sub-lease of the properties by the Hosts to the Guests, including any tenancies exempted from registration by statute or by law.
"Booking Request Period" means the time period starting from the time when a Booking is requested by a Guest (as determined by RentMarket) in its sole discretion), within which a Host may decide whether to confirm or reject that Booking Request, as stated on the Site, Application or Services. Different Booking Request Periods may apply to different accommodations.
"Collective Content" means Member Content and RentMarket Content.
"Communication" means an email, message via the Application or text message.
"Guests" means a Member who requests from a Host a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.
KEY DEFINITIONS (3)
“Guest Fees” means the fee that RentMarket charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a Booking request to a Host.
"Hosts" means a Member who creates a Listing via the Site, Application and Services.
“Host Fees” means the fee that RentMarket charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.
"Intellectual Property" means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have confidential information kept confidential, right to intellectual property granted pursuant to a license agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof.
"Listing" means an Accommodation that is listed by a Host as available for Booking via the Site, Application and Services.
KEY DEFINITIONS (4)
"Member" means a person who completes RentMarket's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or RentMarket promotional material to be made available through the Site, Application or Services.
“Payment Method” means a payment method that you have added to your RentMarket Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the Guest Fees and the Host Fees.
"Site Content" means all Contents that RentMarket makes available through the Site, Application, Services, or its related promotional materials and official social media channels, including any such Contents licensed from a third party, but excluding Member Content.
"Tax" or "Taxes" mean any taxes arising out of or in connection with the Services that Accommodation providers or Hosts may be required by law to collect and remit to governmental agencies.
“Third Party Account” refers to any third-party social networking sites, including but not limited to Facebook
“Total Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.
THE RELATIONSHIP BETWEEN PARTIES
RentMarket shall be independent of all relationships between Guests and Hosts. Each agreement or bookings entered into by Guests and Hosts shall be an agreement entered directly between the Guests and Hosts. Both parties shall acknowledge that RentMarket is not an agent or representative of any of its user, whether a Host or a Guest. RentMarket is not a privy or a party to any agreements, transactions or other dealings between its users (whether as Hosts or Guests or in any other capacity).
Accordingly, the enforcement of any obligations arising out of such agreements is the sole responsibility of the relevant Guest and Host who are parties to that agreement. RentMarket’s role in any such agreements is solely as a service provider for the Guests and Hosts for the purposes of listing and booking of Accommodations for rental on the Site or Application.
By accessing or using the Site, Application or Services, you represent and warrant that:-
(a) You are 18 years or older; and
(b) You possess the legal authority to create a binding legal obligation
Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. RentMarket reserves its rights to terminate accounts registered or otherwise operated by minors without prior notice.
In order to access features of the Site and Application, and to receive or supply our Services, you must register to create an account (“RentMarket Account”) and become and a Member. You may register to join the Services directly via the Site or Application or via a Third-Party Account as described below.
Your RentMarket Account and your RentMarket Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via a Third-Party Account as described below. You may not have more than one (1) active RentMarket Account.
2. Third Party Accounts
You may also register to join by logging into your account with certain Third Party Accounts. As part of the functionality of the Site, Application and Services, you may link both your RentMarket Account with any Third-Party Accounts, by either
(i) providing your Third-Party Account login information to RentMarket through the Sites, Services or Application; or
(ii) allowing RentMarket to access your Third-Party Account to the extent permitted under the applicable terms and conditions governing your use of each Third-Party Account.
ACCOUNT REGISTRATION (2)
You represent that you are entitled to disclose your Third-Party Account login information to RentMarket and/or grant RentMarket access to your Third Party Account (including, but not limited to, for the use of the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating RentMarket to pay any fees or making RentMarket subject to any usage limitations imposed by such third-party service providers.
By granting RentMarket access to any Third-Party Accounts, you understand that RentMarket will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your RentMarket Account and RentMarket Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your RentMarket Account on the Site, Services and Application.
ACCOUNT REGISTRATION (3)
Please note that if a Third-Party Account or associated service becomes unavailable or RentMarket’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your RentMarket Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. RentMarket makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and RentMarket is not responsible for any SNS Content.
3. Accuracy of Information Provided
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, updated and complete. RentMarket reserves the right to suspend or terminate your RentMarket Account and your access to the Site, Application and Services if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
4. Personal Responsibility for Your Account
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You are not permitted to share your RentMarket Account with anyone or allow others to access or use your RentMarket Account unless otherwise expressly authorised by RentMarket.
You agree that you will take sole responsibility for any activities or actions under your RentMarket Account, regardless of whether you have authorised such activities or actions. You will immediately notify RentMarket of any unauthorized use of your RentMarket Account.
5. Deactivation of Account
Users can deactivate their RentMarket Account at any time. This can be done via the settings page on your Account profile. These terms may be terminated at any time via the “Delete Account” feature on the Site/Application. If you cancel or deactivate your RentMarket Account as a Host, any confirmed Bookings will be automatically cancelled and your Guest will receive a full refund. If you cancel or deactivate your RentMarket Account as a Guest, any confirmed Booking will be automatically cancelled and any refund will depend on the terms of the applicable cancellation policy as explained above.
In addition, without limiting our rights specified below, RentMarket may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
ACCOUNT REGISTRATION (5)
6. Termination of Account
RentMarket may immediately and without prior notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of the “User Conduct” provisions in these Terms; (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the RentMarket Account registration, or Listing process or thereafter; (iii) you have violated applicable laws, regulations or third party rights; or (iv) RentMarket believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, RentMarket or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition RentMarket may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your RentMarket Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your RentMarket Account or suspend your RentMarket Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) RentMarket believes in good faith that such action is reasonably necessary to protect the safety or property of Members, RentMarket or third parties, for fraud prevention, risk assessment, security or investigation purposes.
ACCOUNT REGISTRATION (6)
If we take any of the measures described in this Section, we may (i) communicate to your Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for the relevant confirmed Bookings irrespective of pre-existing cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measures taken by RentMarket and an opportunity to resolve the issue to RentMarket’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content. When this Agreement has been terminated, you are not entitled to a restoration of your RentMarket Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your RentMarket Account has been suspended or this Agreement has been terminated by us, you may not register a new RentMarket Account or attempt to access and use the Site, Application and Services through other RentMarket Accounts. Further, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
ACCOUNT REGISTRATION (7)
7. Retention and Storage of Data
ACCOMODATION LISTINGS (1)
1. Compliance to Other Legal Obligations
By listing your Accommodation, you represent and warrant that such listings as well as the corresponding booking of the Accommodation, or of a Guest’s stay at the said Accommodation (i) will not breach any agreements that you have entered into with any third parties, such as Homeowners Association, condominiums, or other third party requirements; and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and any rules and regulations that may apply to any Accommodations included in your Listings (including but not limited to have all the required permits, licenses and registrations); and (b) not conflict with rights of third parties.
Kindly note that RentMarket assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. RentMarket reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that RentMarket, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or RentMarket’s then to current Policies, or otherwise harmful to the Site/Application/Services.
ACCOMODATION LISTINGS (2)
2. Creating Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement of Listings in search results may depend on a variety of factors. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements
ACCOMODATION LISTINGS (3)
If you are a Host, RentMarket makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.) RentMarket may offer Hosts the option of having photographers take photographs of their Accommodations.
If you as a Host choose to have photographer do this, RentMarket shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Rentmarket.com.my Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute RentMarket Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from RentMarket.
ACCMODATION LISTINGS (4)
If your RentMarket Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that RentMarket retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
3. Bookings and Financial Terms
If you are a Host and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest’s RentMarket Account profile page, (iii) if the Guest and Host have both connected their RentMarket Accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to RentMarket, such as a verified email address or connection to SNSs. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by RentMarket (via RentMarket Payments) for the requested Booking will be refunded to the applicable Guest.
ACCOMODATION LISTINGS (5)
When you confirm a Booking requested by a Guest, RentMarket will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services. The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, RentMarket may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the [Payment Terms]. The Total Fees will be collected by RentMarket from Guests at the time of the Booking request or upon the Host’s confirmation and RentMarket will then initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host at the time and as further described in the [Payment Terms]. Each Host agrees that RentMarket may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the Booking and (ii) refund (via RentMarket) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by RentMarket will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.
ACCMODATION LISTINGS (6)
You as a Guest shall agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your RentMarket Account. RentMarket will collect the Total Fees pursuant to the [Payment Terms]. Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking. RentMarket deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the [Payment Terms]. The applicable Host Fees will be disclosed to Hosts via the Site/Application. On the other hand, Guest Fees are, as noted above in Definitions, included in the Total Fees. Applicable Guest Fees, as well as Taxes collected by RentMarket, will be shown to Guests via the Site/Application at checkout, prior to their submission of a Booking request. In consideration for the use of RentMarket’s online marketplace and platform, RentMarket charges Service Fees. RentMarket collects these Service Fees pursuant to the [Payment Terms], and, where applicable, may also collect Taxes in the relevant jurisdiction in respect of the Host Fees and Guest Fees. Hosts may, by their own discretion, request for security deposits and/or cleaning fees in their Listings.
Such payment should be collected by the Hosts themselves, and RentMarket does not undertake to include such payment as part of the Total Fees payable by Guests on confirmation of a Booking.
ACCOMODATION LISTINGS (7)
4. Performance of Agreement
Guests shall acknowledge that the Hosts, not RentMarket, are solely responsible for honouring any confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. Both Hosts and Guests shall acknowledge and agree that the respective parties, and not RentMarket, will be responsible for performing the obligations of any such agreements, that RentMarket is not a party to such agreements, and that, with the exception of RentMarket’ obligations pursuant to the [Payment Terms], RentMarket disclaims all liability arising from or related to any such agreements.
5. Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.
ACCOMODATION LISTINGS (8)
Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host. RentMarket will initiate any refunds due pursuant to the [Payment Terms]. If a Host cancels a confirmed Booking made via the Site, Services, and Application, (i) RentMarket Payments will refund the Total Fees for such Booking to the applicable Guest pursuant to the [Payment Terms] and (ii) the Guest will receive a Communication from RentMarket containing alternative Listings and other related information. If the Guest requests a Booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested Booking, then the Guest agrees to pay RentMarket the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed Booking and you, as a Guest, have not received a Communication from RentMarket, kindly contact RentMarket. If, as a Host, you cancel a confirmed Booking, you agree that RentMarket may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee.
You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, RentMarket may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services.
ACCOMODATION LISTINGS (9)
This may be for reasons set forth in RentMarket’s Cancellation and Refund Policies or for any other reason. RentMarket may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with RentMarket’s Cancellation and Refund Policies. You agree that RentMarket and the relevant Guest or Host will not have any liability for such cancellations or refunds.
6. Foreign Currency Processing
RentMarket provides a feature through which Members may view Accommodation prices and fees in currencies other than Malaysian Ringgit (MYR). Amounts listed in currencies other than MYR are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in the currency selected by the user. Payments may also be subjected to foreign currency processing costs, which are not refundable. Nonetheless, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any geographic location.
RentMarket may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency).
ACCOMODATION LISTINGS (10)
Also, some currencies are denominated in large numbers. In those cases, RentMarket may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.
7. Booking Modifications
You as a Guest or Host are responsible for any modifications to a Booking that you direct RentMarket to make, and you agree to pay any Accommodation Fees, Guest Fees, Host Fees, Services Fees, and/or Taxes associated with such Booking modifications.
RentMarket Service Fee
As to provide service support and to help run RentMarket platform, there is a fixed amount of Service Fee charged to our Host and Guest. Click into our Service Fee page for more information about how the Service Fee applies.
The Service Fee will be displayed to our Host or Guest upon any Listing booking. RentMarket has the right to ammend the Service Fees anytime in the future, and we will notify all users before the changed fee takes place.
Both Host and Guest are responsible for the Service Fee to RentMarket. Our Service Fees are non-refundable.
Member Content and License to Access (1)
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through RentMarket promotional materials, you hereby grant to RentMarket a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or to promote or market the Site, Application and Services. RentMarket does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through RentMarket promotional materials. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through RentMarket promotional materials or you have all rights, licenses, consents and releases that are necessary to grant to RentMarket the rights in such Member Content, as contemplated under these Terms;
Member Content and License to Access (2)
and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or RentMarket’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or RentMarket promotional materials will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. RentMarket grants you a limited, non-exclusive, non-transferable license,
to (i) access and view any RentMarket Content and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RentMarket or its licensors, except for the licenses and rights expressly granted in these Terms.
We do not confirm any user’s purported identity. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by RentMarket about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. You are responsible for determining the identity and suitability of the corresponding Hosts/Guests you contact by means of the Services.
We do not endorse any persons who use or register for our Services, whether as Hosts or as Guests, and nor do we undertake any legal obligations to investigate any user’s reputation, conduct, morality, criminal background or verify the accuracy of the information that has been submitted to the Site or Application. Nonetheless, RentMarket may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask Members to provide a form of government identification, date of birth, and other information, or undertake additional
checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
We would encourage you to communicate directly with the relevant user by using the tools available on the Site/Application, and to review the profile pages for reviews from other users. If you suspect that false information has been supplied, you are encouraged to notify RentMarket through the [contact form].
Conditions of The Accommodation
Members are entirely responsible for all of the information, including images, text and other content relating to their listings, for keeping them up to date and ensuring (where applicable) that they are correctly translated. RentMarket does not filter or approve Contents, but RentMarket may from time to time, and in its sole discretion refuse, delete or move any Content that is available via the Site/Application/Services which violates the letter or spirit of this Agreement or for any other reason. Any Content on the Site/Application may be purged periodically in RentMarket’s sole discretion.
RentMarket does not endorse any Listing or Accommodation. You understand that any images taken, (including photographs taken and owned by RentMarket) uploaded are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken, and are therefore not an endorsement by RentMarket of any Member, Listing or Accommodation.
All Contents posted on, transmitted through, or linked from the Site is the sole responsibility of the person from whom such Content originated. You understand that RentMarket does not control, and is not responsible for Content made available through the Site/Application, and that by using the Site/Application, you may be exposed to Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable You acknowledge that and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness or usefulness of such Content, and that under no circumstances will RentMarket be liable in any way for any Content or for any loss or damages of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site/Application. You acknowledge that you may not rely on Content created by RentMarket or submitted to RentMarket or posted on the Site/Application. You further acknowledge and agree that the views expressed on the Site/Application do not necessarily reflect the views of RentMarket, and RentMarket neither supports nor endorse the Content (including any contribution, whether or not presented on the Site/Application edited or unedited, in whole or in part, or alone or with other Content) posted or submitted by you or any users.
DAMAGE TO ACCOMODATION AND SECURITY DEPOSITS (1)
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Hosts may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. RentMarket will use commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits, but RentMarket is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. If a Host makes a Damage Claim for a confirmed booking of an Accommodation, you as a Guest will be notified of any Damage Claim and given forty eight (48) hours to respond.
Thereafter, RentMarket will collect any such costs from you and/or against the Security Deposit in accordance with the [Payment Terms].
DAMAGE TO ACCOMODATION AND SECURITY DEPOSITS (2)
RentMarket also reserves the right to otherwise collect payment from you and pursue any avenues available to RentMarket in this regard in situations in which you have been determined, in RentMarket’s sole discretion, to have damaged any Accommodation, including, but not limited to, any payments made by RentMarket to Hosts. Both Guests and Hosts agree to cooperate with and assist RentMarket in good faith, and to provide RentMarket with such information and take such actions as may be reasonably requested by RentMarket, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation with respect to any investigation undertaken by RentMarket or a representative of RentMarket regarding use or abuse of the Site/Application/Services. If you are a Guest, you understand and agree that RentMarket may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist RentMarket in good faith, and to provide RentMarket with such information as may be reasonably requested by RentMarket, in order to make a claim under your homeowner's, renter's or other insurance policy. Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host's consent.
OVERSTAYING WITHOUT CONSENT (1)
As stated above, Guests agree that a confirmed booking could either be (i) a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking; or (ii) a lease or sub-lease of the properties by the Hosts to the Guests, including any tenancies exempted from registration by statute or by law.
With regards to the former, Guests shall undertake to leave the Accommodation no later than the checkout time that the host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed checkout time without the Host’s consent, they would, in effect, no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hours period that the Guest overstays the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all the applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (“Additional Sums”). RentMarket will collect the Additional Sums from the Guests pursuant to the [Payment Terms].
OVERSTAYING WITHOUT CONSENT (2)
With regards to the latter, Guests shall similarly undertake to leave the Accommodation by the end of the tenancy as agreed upon in the relevant Booking. Should a Guest overstay his tenancy, he/she may be subjected to eviction measures and/or court actions (including but not limited to eviction notice and eviction order). Hosts, as landlords, may also re-enter the property by legitimate means, and such Guests may be liable to the Host for all consequential losses flowing from such overstays.
In such circumstances, both Hosts and Guests acknowledge that the dispute shall be a matter to be resolved between both parties, and that RentMarket shall remain as a non-party to such disputes. Hosts and Guests shall also agree that RentMarket will not be liable for any consequential loss and damages caused to either parties stemming from such disputes.
RentMarket shall in no way be responsible for insuring any loss or damages stemming from the use of the Site/Application/Services, including any consequential economic loss or physical damages to the Accommodation. RentMarket recommends that Hosts obtain appropriate insurance for their Accommodations.
Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
USER CONDUCT (1)
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Site/Application/Services/Collective Content. In Connection with your use of the Site/Application/Services/Collective Content, you may not and you agree that you will not:-
(i) Violate any national or other law or regulation, or any order of the Court, including but not limited any Tax regulations;
(ii) Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape”, “crawl”, or “spider”, any web pages or other services contained in the Site/Application/Services/Collective Content;
(iii) Access or use our Site/Application/Services or the RentMarket API to use, expose, or allow to be used or exposed, any RentMarket Content that is (i) not publicly displayed by RentMarket in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the RentMarket Policy or Terms of Service; and (iii) in any way that otherwise violates the privacy rights or any other rights of RentMarket users or any other third party;
(iv) Use the Site/Application/Services/Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership by RentMarket, or otherwise misleads others as to your affiliation with RentMarket;
USER CONDUCT (2)
(v) Dilute, tarnish or otherwise harm the RentMarket brand in any way, including through unauthorised use of Collective Content, registering and/or using RentMarket or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to RentMarket domains, trademarks, taglines, promotional materials or Collective Content;
(vi) Copy, store or otherwise access or use any information contained on the Site/Application/Services/Collective Content for purposes not expressly permitted by these Terms;
(vii) Infringe the rights of RentMarket or the rights of any other person or entity, including but not limited to their intellectual property, privacy, publicity or contractual rights;
(viii) Interfere with or damage our Site/Application/Services, including but not limited to the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology;
(ix) Use our Site/Application/Services to transmit, distribute, post or submit any information concerning any other person or entity, including but not limited to photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
USER CONDUCT (3)
(x) Use our Site/Application/Services/Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
(xi) “stalk” or harass any other user of our Site/Application/Services/Collective Content, or collect or store any personally identifiable information about any other user other than for the purposes of transacting as a RentMarket Host or Guest;
(xii) Offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
(xiii) Offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to a property rental agreement;
(xiv) Register for more than one RentMarket Account or register for a RentMarket Account on behalf of an individual other than yourself;
(xv) Unless RentMarket explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
USER CONDUCT (4)
(xvi) Contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site/Application/Services;
(xvii) Recruit or otherwise solicit any Member to join third-party services or websites that are competitive to RentMarket, applications or websites without RentMarket’s prior written approval;
(xviii) Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(xix) Use automated scripts to collect information from or otherwise interact with the Site/Application/Services/Collective Content;
(xx) Use the Site/Application/Services/Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site/Application/Services in order to circumvent the obligation to pay any Service Fees related to RentMarket’s provision of the Services or for any other reasons;
(xxi) As a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honour;
(xxii) Engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
USER CONDUCT (5)
(xxiii) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(xxiv) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(xxv) Disrupt the normal flow of dialogue, cause of a screen to “scroll” faster than other users of the Site/Application are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges or the use of the Site/Application;
(xxvi) Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
USER CONDUCT (6)
(xxvii) Use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, RentMarket's name, any RentMarket trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without RentMarket's express written consent;
(xxviii) Access, tamper with, or use non-public areas of the Site, Application or Services, RentMarket's computer systems, or the technical delivery systems of RentMarket's providers;
(xxix) Attempt to probe, scan, or test the vulnerability of any RentMarket system or network or breach any security or authentication measures;
(xxx) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RentMarket's or any of RentMarket providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(xxxi) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(xxxii) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
(xxxiii) Advocate, encourage, or assist any third party in doing any of the foregoing; or
USER CONDUCT (7)
(xxxiv) Accept or make a payment for Accommodation Fees outside arrangements by RentMarket. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold RentMarket harmless from any liability for such payment.
RentMarket has the right to investigate and prosecute violations of any of the above. In addition, and as set in these Terms, RentMarket may take a range of actions against you, including but not limited to deactivating or cancelling or Listing(s) or RentMarket Account if a violation of this Section or these Terms should be found. RentMarket also reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that RentMarket, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site/Application/Services.
USERS CONDUCT (8)
RentMarket may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
(i) respond to claims asserted against RentMarket or to comply with any legal process;
(ii) enforce or administer our agreements with users;
(iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or
(iv) protect the rights, property or safety of RentMarket, its users, or members of the public. You acknowledge that RentMarket has no obligation to monitor your access to or use of the Site/Application/Services/Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site/Application/Services (including but not limited to fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to the content that it determines is otherwise objectionable or as set forth in these Terms.
THIRD PARTY LINKS AND WEBSITES
The Site/Application/Services/Collective Content may contain links to third-party websites or resources. You acknowledge that RentMarket is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites do not imply any endorsement by RentMarket of such websites or resources or the content, products or services available from such websites. You assume sole responsibility and all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. RentMarket shall be free of all liabilities and consequential damages or losses arising from the use or reliance of any such third-party links or websites. Some portions of the RentMarket platform implements mapping services from other providers (for example but not limited to Google Maps/Earth API(s)). Your use of Google Maps/Earth will be subject to Google’s Term of Use.
LIMITATION OF LIABILITIES (1)
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RENT MARKET WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RENT MARKET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY,
LIMITATION OF LIABILITIES (2)
AND WHETHER OR NOT RENT MARKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL RENT MARKET'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY RENT MARKET TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENT MARKET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INTELLECTUAL PROPERTY RIGHTS
The Site/Application/Services/Collective Content are protected by copyright, trademark, and other laws of Malaysia and foreign countries. You acknowledge and agree that the Site/Application/Services/Collective Content, including all associated intellectual property rights, are the exclusive property of RentMarket and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site/Application/Services/Collective Content. All trademarks, service marks, logos, trade names and any other proprietary designations of RentMarket used on or in connection with the Site/Application/Services and RentMarket Content are trademarks or registered trademarks of RentMarket in Malaysia. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site/Application/Services and RentMarket Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site/Application/Services/Collective Content.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. RentMarket cannot and does not offer Tax-related advice to any Members. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations.
CHOICE OF LAW
These Terms and your use of the Services will be interpreted in accordance with the laws of Malaysia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of the Courts in Malaysia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright, trademarks, trade secrets, patents, or other intellectual property rights.
(ii) RentMarket recommends that you save your own copy of these Terms in a separate file on your device or in a print-out form;
(iii) RentMarket’s failure to act with respect to a breach of these Terms by any users, be it Hosts or Guests or other users in any other capacities shall not be taken as acquiescence by RentMarket of such breaches, and similarly does not waive RentMarket’s rights to act with respect to subsequent or similar breaches;
(iv) The headings to the Clauses in these Terms are for ease of reference only and do not affect the interpretation or construction of these Terms;
(v) The invalidity of one or more provisions of these Terms shall not affect the validity of the other provisions contained in these Terms.