IMPORTANT! Before you register to use the Services, please read these Terms and Conditions carefully. By registering to use the Services, you will be considered to have accepted and be bound by these Terms and Conditions.
The defined terms used in these Terms and Conditions are set out in Clause 26. The principles for interpreting the provisions of these Terms and Conditions are also set out in Clause 25.
RENTSMART Rental Services Limited (hereafter referred to as , “we”, “us”, or “our”) provides an online platform that connects Landlord(s) (as defined below) with Tenant(s) (as defined below), and facilitates the rental process, which includes the payment of rent via our third party payment processor, which are accessible through the RENTSMART APP and/or RENTSMART Content and any other websites through which we makes the Services available and as an application for mobile devices.
BY BROWSING/USING THE RENTSMART CONTENT, DOWNLOADING THE RENTSMART APP, COMPLETING THE REGISTRATION PROCESS, AND/OR ACKNOWLEDGING THE TERMS AND CONDITIONS BY CHECKING THE CHECK BOX(ES), YOU REPRESENT AND WARRANT THAT:
(1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS;
(2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH RENTSMART; AND
(3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER OR TENANT, AND TO BIND THAT ENTITY TO THESE TERMS AND CONDITIONS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE RENTSMART CONTENT, RENTSMART APP, OR SERVICES.
THE RENTSMART CONTENT, RENTSMART APP AND SERVICES COMPRISE AN ONLINE PLATFORM FOR LANDLORD AND TENANTS. YOU UNDERSTAND AND AGREE THAT RENTSMART IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDLORDS AND TENANTS, NOR IS RENTSMART A REAL ESTATE AGENT (UNLESS SEPERATELY AND FORMALLY APPOINTED) OR INSURER. RENTSMART HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, TENANTS AND OTHER USERS OF THE RENTSMART CONTENT, RENTSMART APP AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Your use of, and participation in certain areas of the RENTSMART CONTENT, RENTSMART APP, and/or Services may from time to time be subject to additional terms and conditions (“Supplemental Terms”), and such Supplemental Terms will either be listed in these Terms and Conditions or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms and Conditions are inconsistent with the Supplemental Terms, the Supplemental Terms will prevail with respect to your use of or access to such Services.
1) Registration for the Services
a) To register to use the Services, you are required to follow our registration and verification procedures and requirements, including the following:
i) create a RENTSMART Account by inputting such Personal Data and other information as we may require;
ii) provide such other information as we may reasonably require for creating your account; and
iii) confirm your acceptance of the Terms and Conditions.
b) In order to have access to all of the Services, you will need to:
i) download RENTSMART App to your Mobile Device;
ii) provide your phone number;
iii) provide a copy of the tenancy agreement to which the rent you seek to pay;
iv) provide a copy of your Hong Kong Identity Card, which will be used, processed and kept by us or our third-party service providers to verify and authenticate your identity and information for the purposes of registration and use of the Services; and
v) provide RENTSMART and/or our third-party payment processor with a valid Credit Card (Visa, MasterCard or UnionPay or any other issuer accepted by us ).
c) Further information on how we may use your Personal Data is specified in Clause 16 below. However, you will not receive any RENTSMART-related Direct Marketing materials from us if you have opted-out of RENTSMART-related Direct Marketing.
d) Your registration and use of the Services are subject to our approval and successful verification of your identity. We may reject your registration and use of the Services if we consider there is reasonable ground to do so. We may reject your registration even after you have created a RENTSMART Account or downloaded RENTSMART App. We will confirm the outcome of your registration by sending message(s) and/or email to you which may take some time.
e) By registering to use the Services, you agree, confirm and accept that:
i) you are using your genuine identity;
ii) we may send push notifications or messages to you based on your phone number or email address for verification and registration purposes and in connection with your use of the Services from time to time. We may also call you on your phone number if you require any customer service in relation to RENTSMART.
f) Your RENTSMART Account is not transferrable. You can only register one RENTSMART Account for the Services at any one time.
2) Personal Data
a) If you do not provide the Personal Data and other requested information or if the Personal Data or information provided by you are untrue, inaccurate or incomplete, we may not / stop providing you with the Services.
b) You agree that we may use, disclose or transfer all your Personal Data provided to or collected by us or our third-party service providers during the process of registration for the Services and/or downloading the RENTSMART App, and when you use the Services from time to time for the purposes as detailed in the Privacy Policy and for the additional purposes set out in this clause.
c) In addition to the purposes and transferees set out in the Privacy Policy, your Personal Data (including your Credit Card information and a copy and information of your Hong Kong Identity Card) may be collected, used, processed, disclosed, transferred and retained by us or our third-party service providers, or transferred to our third-party service providers, in accordance with the personal information collection statement which can be found at www.RENTSMART.com.hk/terms which you are required to read before you use the Services. These additional purposes may include the following purposes:
i) to process your request for registration and use of the Services, including creating your RENTSMART Account;
ii) to administer your RENTSMART Account, which include details of the transactions conducted by you through the Services;
iii) to verify or authenticate your identity and information for your registration and use of the Services, including verifying Credit Card information by third-party payment processors, and conducting matching procedures against databases of known dishonest / fraudulent transactions (maintained by us or third parties);
iv) to provide, maintain and operate the Services, including processing, executing and effecting transactions through the Services, and providing technology and customer support or services for or relating to the Services;
v) to process, handle or communicate with you in respect of any enquiry, complaint or service support request relating to the Services;
vi) to prevent, detect or investigate fraud or other dishonest or illegal activities; and
vii) subject to your consent, to send you RENTSMART-related Direct Marketing materials.
d) You agree and accept that:
i) your Personal Data provided to or collected by us or our third-party service providers upon registration and at all other times will be true, accurate, current and complete;
ii) you will inform us of any changes to your Personal Data as soon as reasonably practicable; and
iii) we and/or our third-party service providers may retain your Personal Data using data centre of our third-party service providers.
e) By registering to use the Services, you authorize us, directly or through third parties, to make any inquiries we consider necessary to validate and/or authenticate your identity and information. This may include (i) asking you for further information and/or documentation about your identity, information and Personal Data, (ii) requiring you to verify the truthfulness or ownership of your email address, phone number, Credit Card, and (iii) verifying your identity and information against third-party databases or through other sources by transferring your Personal Data to such third party or source for such purpose.
f) We may collect and store your Mobile Device identification number during the registration process, or when you access the Services from your Mobile Device from time to time. We may use such information for providing the Services, including for verification and security purposes. We may also access the location services of your Mobile Device from time to time with your permission if you wish to use certain functions of RENTSMART. You may refuse to give and you may withdraw permission at any time by turning off location services and continue to use other functions of RENTSMART.
g) RENTSMART and RENTSMART’s third party payment processor may receive updated Credit Card information from your Credit Card issuer. The disbursement of the updated Credit Card information is provided to us and our third-party payment processor at the election of your Credit Card issuer.
h) The person to whom requests for access to personal data or correction of personal data or for information regarding policies and practices and kinds of personal data held by us should be addressed to us as follows:
The Data Protection Officer
RENTSMART Rental Services Limited
Unit 1101-02, Tower 1, Grand Century Place,
Mongkok, Kowloon, Hong Kong
Email: info@RENTSMART.com.hk
3) Security Measures
a) We may from time to time suggest or require you to take security measures. If you do not take security measures as we may recommend, you will bear the risk of suffering or incurring any loss which may arise from or in connection with your use of the Services. You must take appropriate security measures, including the following where applicable:
i) act in good faith, exercise reasonable care and diligence to keep all Identifiers secret and secured. You should not disclose any Identifier to any other person, including our representatives;
ii) safeguard your Mobile Device from loss or theft and keep it under your personal control at all times, and DO NOT permit anyone else to use or control your Mobile Device;
iii) DO NOT allow anyone else to use or login to the Services or your Mobile Device;
iv) DO NOT store anyone else’s fingerprint or biometric credentials in your Mobile Device and that you only use your own biometric credentials to login to the Services or your Mobile Device;
v) DO NOT install, launch or use RENTSMART App on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”. A jail broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval;
vi) if you have already set up access to your Mobile Device by way of Device Passcode, review this and ensure that you change any access passcode that can easily be guessed or that has already been shared with anyone else and delete any fingerprint or other biometric credentials that is not your own;
vii) in the case of the use of facial recognition, do not use such biometric credential for authentication purpose if you have an identical sibling or in adolescence, in which case you are recommended instead to use your password or PIN for authentication;
viii) DO NOT disable any function provided by your mobile device that would otherwise compromise the security of the use of your biometric credentials for authentication purposes (e.g. disabling “attention-aware” for facial recognition);
ix) once you have logged in the RENTSMART App do not leave your Mobile Device or computer unattended or let anyone else use your Mobile Device or computer;
x) follow all security measures provided to you by us or by the manufacturer of your Mobile Device (but you should never disclose your security details to them or information about your accounts with us);
xi) undertake reasonable and adequate precautions to scan for computer viruses or other destructive properties;
xii) delete RENTSMART App and all Identifiers stored on your Mobile Device before disposing of it by, for example, selling or giving it to someone else or before passing your Mobile Device temporarily to someone else, for example, for it to be repaired; and
xiii) remove RENTSMART App and all Identifiers stored on your Mobile Device upon termination of the Services.
b) You must advise us of any change to your mobile phone number without delay. You must notify us as soon as reasonably practicable if you become aware of or suspect the following (or any of them):
i) any loss, theft, disclosure, compromise or unauthorised use of any Identifier;
ii) any loss, theft, compromise or unauthorised use or control of your Mobile Device; and
iii) any unauthorised use of the Services or any unauthorized transactions having been conducted over your RENTSMART Account.
You should notify us via designated contact forms, email address or telephone number(s) as we may specify from time to time. You remain responsible for any use of the Services by any unauthorised person or for any unauthorised purpose that occurs before we acknowledge receipt of your notification.
c) You will be responsible for all instructions given by you or anyone using your Identifiers or Mobile Device to log in RENTSMART App.
d) We will only contact you via push notification or message to your phone number or email address. We may also call you on your phone number if you require any customer service in relation to RENTSMART. But we will never contact you requesting for your Identifiers or other security details and we will never ask anyone to do so on our behalf. You shall not disclose any of your Identifiers or other security details to anyone under any circumstances.
e) The Services are provided for your sole and personal use. You should not permit any other unrelated person to use the Services through your RENTSMART Account nor use the Services as agent of any other person for profit or other commercial purposes.
f) You should not use or knowingly permit any other person to use the Services through your RENTSMART Account for any illegal purpose or activity. You should notify us as soon as reasonably practicable if you become aware of such use.
g) We and our third-party payment processors may provide push notification or message to your phone number or email address after a/any transaction or a transaction of certain limit or threshold has been initiated through the Services. If we do, you should check and verify the details of such transaction in such notification or message and notify us as soon as reasonably practicable of any irregularity or any unauthorized transaction via designated contact forms, email address or telephone number(s) as we may specify from time to time.
4) The Services
a) The Services includes “Pay Rent” service, which allows you to pay rent month by month on the RENTSMART App; “Recurring Payment” service, which allows you to pay rent automatically each month on the RENTSMART App by scheduling a monthly payment date, payment amount and period, and designating a valid Credit Card to be charged; and “Lumpsum Instalment Payment” service, which allows you to pay three, six ,twelve, eighteen or twenty-four months’ rent at one go and allows you to choose to the number of monthly instalments through which the lumpsum would be paid off.
b) By enrolling in “Recurring Paymemt” you understand and agree that we will charge your Credit Card on file each month the payment amount designated by you, plus RENTSMART’s then-current fees for a definite period of time set by you, unless and until you cancel your enrollment in your RENTSMART account settings at least ten (10) working days prior to the next scheduled payment date.
c) Upon successfully charging your Credit Card in the payment amount, i.e. the payable rent plus any applicable fees as shown in the RENTSMART APP , RENTSMART will transfer or issue a cheque / cashier order in the name of the Landlord, or the payee authorized by you, in the payment amount, i.e. the payable rent designated by you, within five(5) working days of the payment date, at no added cost to the Landlord. Should you choose to issue a cheque / cashier order, it will be sent to you directly via post from our third-party bank and we are not responsible for any error or delay in such process.
d) You must have sufficient credit in your Credit Card before you can complete a transaction.
e) The Services will be charged and settled in Hong Kong Dollars (HK$).
5) Landlord / Payee
a) The Landlord and/or the Payee (as defined below) does not need to be an existing RENTSMART user for you to enroll in the Services other than accepting your rent payment. To avoid any unnecessary misunderstanding, we recommend you also inform the Payee of your enrollment of the Services.
b) When the Payee accepts the transfer or endorses the cheque / cashier order and deposits the first payment from RENTSMART or our third party payment processor, the Payee agrees:
i) to become a participating Payee and receive subsequent payments from RENTSMART or RENTSMART’s third party payment processor on your behalf;
ii) that each such payment from RENTSMART or RENTSMART’s third party payment processor is a bona fide rent payment;
iii) to be bound by these Terms and Conditions as applicable;
iv) that it is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to it and its use of the Services; and
v) it is not and will not be violating any law or regulation, nor knowingly engaging in any transaction that is illegal or that the Payee should have known was illegal.
6) Instructions, Transaction Advice and Transaction History
a) You must check and ensure all information relating to a transaction provided by you are correct before confirming a transaction. We are not liable for, and have no obligation to recover, any payment by mistake for the wrong amount or to the wrong or unintended recipient as long as the payment is effected in accordance with your instruction.
b) Once your payment instruction is processed, you cannot reverse or revoke it.
c) We may act on an instruction if we reasonably believe that it is given or authorised by you without being liable in any circumstances. You will be bound by that instruction as understood and executed by us in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not given or authorised by you. We have no obligation to verify the identity of the person giving an instruction in the RENTSMART APP or otherwise in relation to the Services with your Identifiers.
d) We have the right to delay acting or refuse to act on an instruction if we are aware of or suspect a breach of security or other suspicious circumstances relating to your accounts or the Services. We are not liable for any delay or refusal to act in these circumstances. We will inform you of any delay or refusal if it is reasonably practicable to do so.
e) We may send a push notification or message to your phone number or email address to notify you after a transaction has been effected through the Services. You are responsible to check such notification or message. You are considered as having received such notification or message immediately after we transmit it. You should enquire with us if you have not received a notification or message within the usual timeframe.
f) Information relating to any transfer or transaction made available by us via the Services is for your reference only. Our records of such transfer or transaction are final, conclusive and binding on you save for manifest error.
g) You may view your latest transaction history by logging in to your RENTSMART Account. You must verify your transaction history on a timely basis and carefully. You should notify us as soon as reasonably practicable if you notice any irregularity or any unauthorized transaction via designated contact forms, email address or telephone number(s) as we may specify from time to time.
7) Rejected Bank Transfer / Stop Cheque Payment / Lost Cheque / Mistaken Transaction:
a) RENTSMART shall not be liable, and does not accept liability for, any fees associated with any
i) rejected transfers; or
ii) stop cheque payments
as a result of the your error or negligence, such as and not limited to, incorrect payment amounts, incorrect Payee Bank Account particulars, addresses, forgetting to stop recurring payments, your refusal to pay associated fees after the payment is processed, Tenant no longer lives in the current payment address or any tenancy disputes, etc or the Payee’s unreasonable refusal to accept payment.
b) You acknowledge that the associated fees, will be directly deducted from your Credit Card or balance prior to refund.
c) If you fail to receive a cheque / cashier order within a reasonable time or the cheque / cashier is otherwise lost or damaged in transit, you should contact us and inform us of the same. You may then opt to refund and/or reissue the said cheque / cashier order by paying a fee.
d) In case of a refund, after any deductions, the available balance will be refunded to you by our third-party payment processor within thirty (30) business days. Where direct refund is unavailable or not feasible, the balance may be refunded by way of cheque to be posted to you within forty-five (45) days to an address to be provided by you in writing or orally.
8) Fees and Charges
a) We have the right to charge or vary the fees relating to the use of the Services. The fees we charge for using our Services are stated in the RENTSMART App and are meant for Credit Cards issued in Hong Kong only, which we may change from time to time. We will give you prior notice of new fees or any variation of fees. You are required to pay such fees if we do not receive notice from you to terminate the Services before the date on which the new fees or revised fees take effect.
b) We may choose to temporarily change the fees for our Services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the RENTSMART App and/or the Internet Site.
c) By providing RENTSMART with your Credit Card number and associated payment information, you agree that RENTSMART and our third-party payment processor is authorized to immediately charge your Credit Card for all fees and charges due and payable to RENTSMART hereunder and that no additional notice or consent is required.
d) RENTSMART reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email to you.
e) You may be required to pay and authorize us to charge any such fees incurred by us or a third-party. These may include any overseas transaction surcharge, currency conversion charges, fees incurred by a rejected transaction due to insufficient credit, fees charged by your mobile or Internet network provider, or fees charged by your Credit Card issuer.
9) Mobile Text Message Services
a) When you sign up for a RENTSMART Account, you are expressly consenting to receive text messages from us to verify that you are human and that you are the person that created or is using your RENTSMART Account.
b) We do not charge a fee for the mobile text services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs. We assume no responsibility for charges incurred by your using the Text Services.
c) The Text Services may not be available in all areas at all times. Text messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit text messages to you, and we have no liability for any such transmission delay or message failure. The text services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your Mobile Device.
d) You must provide your own Mobile Device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that Mobile Device and your carrier’s service.
10) Your Confirmation and Responsibilities
a) You agree to use the RENTSMART Content and the Services only for purposes that are permitted by:
i) these Terms and Conditions; and
ii) any Applicable Regulations.
b) You agree not to use the RENTSMART Content and the Services in the following ways (or any of them):
i) in any way that is illegal or in breach of any Applicable Regulations;
ii) in any way that contravenes or infringes upon our rights or the rights of any third party (including Intellectual Property Rights); and
iii) to send, communicate, knowingly receive, upload, download or use any material or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
c) You should provide us with such information as we may reasonably request from time to time for the purposes of providing the Services.
d) You should not do or attempt to do the following (or any of them):
i) decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the RENTSMART Content or any software comprised in them;
ii) take any action or allow any other person to take any action that would enable you or any other person to gain access to or to tamper with or use any of our computer systems or networks, or any third party computer systems or networks;
iii) engage in any activity that interferes with or disrupts the RENTSMART Content or the servers and networks through which they are provided;
iv) modify, copy, reproduce, download, re-publish, sell, re-sell, rent, lease, loan, distribute or create derivative works based on the RENTSMART Content (or any part of them);
v) when using the RENTSMART Content, install, import or transmit (and you will take reasonable measures to prevent the installation, importation or transmission of) any Disabling Codes or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the RENTSMART Content or other telecommunications or computer systems or devices; and
vi) do anything to exploit or interfere with the Services or disrupt the use of the Services by other users.
e) You are solely responsible for the following:
i) verifying any information before sending, relying or acting on it;
ii) obtaining independent professional advice on legal, tax and other issues which may affect you under the Applicable Regulations in connection with your use of the Services or any transactions conducted by you, or these Terms and Conditions; and
iii) any breach of your obligations under these Terms and Conditions, and for the consequences of any such breach.
f) The Services are provided for your personal use only. You should not use your individual RENTSMART Account for profiting or commercial purposes. Accordingly, you should only use the Services where you are not conducting businesses in the sending of payment to other individual users, persons or corporations.
g) You must not remove or tamper with any copyright notice attached to or contained within the RENTSMART Content.
h) All ownership in the RENTSMART Content remains with us. More details are set out in Clause 17 below.
i) Your agreement with your Credit Card issuer governs your use of the Credit Card, and you must refer to that agreement and not the Terms and Conditions to determine your rights and liabilities.
11) Our Liability and Disclaimers
a) We will take reasonably practicable steps to do the following, taking into account any Applicable Regulations and prevailing market practices:
i) ensure that our systems relating to the Services are installed with adequate security designs; and
ii) control and manage the risks in operating our systems relating to the Services.
b) Neither we nor any member of the RENTSMART Group confirm or guarantee that the Services are free of any Disabling Codes or other destructive properties, which may adversely affect your hardware, software or equipment including your Mobile Device or any data transmitted, stored or processed in relation to the Services.
c) You understand and agree that your use of the RENTSMART App and RENTSMART Content is at your sole risk and that the RENTSMART Content are provided on an “as is” and “as available” basis.
d) To the fullest extent permitted by the Applicable Regulations, we expressly disclaim all conditions, undertakings, representations and warranties of any kind (whether express or implied) in relation to the RENTSMART Content. These include any implied conditions and warranties of quality or fitness for a particular purpose.
e) Without limiting or reducing the effect of Clause 11(d) above, we make no representations or warranties:
i) as to the accuracy, quality, completeness, timeliness, adequacy, reliability or validity of any information or material provided on or through the Services or the Internet Site. These may include the RENTSMART Content and any information posted, transmitted or provided by any user of the Services or any third party;
ii) that the RENTSMART Content will meet your requirements, or are free of defect, error or omission; or
iii) that your use of the RENTSMART Content will be uninterrupted, timely, secure or error-free.
f) Except as set out in Clause 11(g) below, neither we nor any member of the RENTSMART Group are liable for loss, damage or expense of any kind which you or any other person may incur or suffer arising from or in connection with the following (or any of them):
i) access to and use of the Services, whether or not authorized by you;
ii) access to any information through use of the Services, whether or not authorised by you; and
iii) transmission or storage of any information and data relating to you, the Services or transfers or transactions or dealings conducted by you using the Services in any system, equipment or instrument of any communication network provider.
g) If it is proved in a case set out in Clause 11(f) above that there was gross negligence or wilful default by (i) us; (ii) any member of the RENTSMART Group; (iii) any agent of (i) or (ii); or (iv) any officer or employee of (i), (ii) or (iii), then we will be liable for the lower of:
i) any loss and damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such gross negligence or willful default; or
ii) the amount of the relevant transaction.
h) Neither we nor any member of the RENTSMART Group is liable for any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, or in transmitting instructions or information relating to the Services, or in downloading the RENTSMART App or connecting with the Services which is caused by (i) any circumstance beyond our reasonable control or (ii) any Applicable Regulations.
i) In no circumstances will (i) we; (ii) any member of the RENTSMART Group; (iii) the respective agents of (i) and (ii); or (iv) the respective officers and employees of (i), (ii) and (iii) be responsible to you or any other person for any loss of profit or interest, indirect or consequential loss or damages arising from or in connection with our providing the Services, or failure or delay in providing the Services.
j) The Payee is not required to collect the payment sent by you through the Services. You agree that you will not hold us liable for any loss, damages or consequences resulting from the Payee’s decision not to collect a payment made through the Services.
k) We have no responsibility for the actions of you or the Payee (whether an individual or a corporation) or for the subject of the payment. We do not guarantee the identity of any user of the Services or that a user of the Services can or will complete a transaction.
l) We are not responsible for any dispute arising from any payment between you and the Payee or any other user of the Services.
m) Upon notification by you, where it is proved upon our review that you have been a victim of fraud (we will inform you the result of our review), subject to Clauses 11(b) and 11(d), you may not be responsible for any such transaction (e.g. an unauthorized transaction).
n) We are not liable for the consequences of you or any other user of the Services choosing to share or post any payment details, transaction history, activity or other information or Personal Data relating to you, any other user of the Services or any third party within the Services on any social media platform.
o) RENTSMART App is intended for download and use by the public of Hong Kong. It is not intended for download, or use by, any person in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction.
12) Your Liability and Indemnity
a) Except as set out in Clause 11(g), you are fully liable and responsible for all consequences arising from or in connection with the following (or any of them):
i) access to and use of the Services; and
ii) access to any information through use of the Services by you or any other person whether or not authorised by you; and
iii) any transaction effected by us pursuant to or as a result of any instruction initiated by you with the correct Identifier.
b) Except as set out in Clause 12(c), you will indemnify and reimburse (i) us; (ii) any member of the RENTSMART Group; (iii) the respective agents of (i) and (ii); and (iv) the respective officers and employees of (i), (ii) and (iii) for all actions, proceedings and claims which may be brought by or against us or them, and for all losses, damages and reasonable costs and expenses which we or they may incur or suffer as a result of or in connection with the following (or any of them):
(1) your use of the Services or our providing the Services to you;
(2) the preservation or enforcement of our rights or exercise of our powers under these Terms and Conditions; and
(3) your breach of any of these Terms and Conditions including any warranty or representation.
c) If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in Clause 12(b) above was caused by gross negligence or willful default of (i) ours; (ii) any member of the RENTSMART Group; (iii) any agent of (i) or (ii); or (iv) any officer or employee of (i), (ii) or (iii), then you are not liable under Clause 12(b) to the extent that it is direct and reasonably foreseeable arising directly and solely from such gross negligence or willful default.
13) Suspension, Termination and RENTSMART Account Cancellation
a) We may suspend or terminate your use of the Services and/or your RENTSMART Account at any time without giving you notice or reason. You may cancel your RENTSMART Account at any time by sending an email to cs@RENTSMART.com.hk from your registered email account that includes your full name, proof of identity and account sign up phone number.
b) To effect a cancellation, you shall take such steps as we may instruct, including removal of RENTSMART App from your Mobile Device.
c) In the event the Service and/or your RENTSMART Account have not been used by you for an extended period of time you may be alerted by us through push notification or message to your phone number or email address. Should you still fail to use the Services despite such an alert, the Services may be terminated by us without any further notice.
d) Even after suspension, termination and/or cancellation of the RENTSMART Account, you remain responsible for performing and discharging your obligations and liabilities created or accrued before suspension or termination. The terms in these Terms and Conditions that by their nature are continuing shall survive such suspension or termination, including our disclaimers, limitations of liabilities and your indemnity in our favour.
e) You understand that any termination of Services and/or cancellation of RENTSMART Account may involve deletion of any content you have provided to RENTSMART (“Your Content”) associated therewith from our live databases. RENTSMART will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
14) Variation
We have the right to vary these Terms and Conditions from time to time. We will give you prior notice in a manner we consider appropriate, including posting in the Services or sending push notification or message to your phone number or email address. You will be bound by a variation if we do not receive notice from you to terminate the Services with effect before the date on which that variation takes effect.
15) Communication
a) We are entitled to set the form of notice and mode of communication with respect to each type of notice to be given under these Terms and Conditions.
b) We will contact you via push notification or message to your phone number or email address. We may also call you on your phone number if you require any customer service in relation to RENTSMART. You may contact us via such channel or mode of communication as we may specify for each type of notice or communication from time to time.
c) We will contact you or the Payee by phone, text message, post or email for sending bills, notices and cheques / cashier orders.
d) Unless we specify otherwise, you will be considered as having received any notice or communication given by us immediately after we have sent it as push notification or message to the phone number or email address provided to us upon your registration for the Services or notified to us in such manner acceptable to us from time to time. Where issued by post, 24 hours after posting (seven (7) days after posting, if posted to a place outside Hong Kong), notwithstanding return through the post.
e) We are not considered as having received your instructions or communications unless they are given in such manner as we may specify from time to time and after we have actually received and acknowledged them. Instructions or communications sent by you to us will be considered as having been received by us on the day of our acknowledgement of receipt.
16) Collection and disclosure of Personal Information
a) Definitions
Terms used in this clause shall have the meanings set out below. If any term used in this clause is not defined below, that term shall have the meaning set out in Clause 26 of these Terms and Conditions.
Authorities includes any local or foreign judicial, administrative, public or regulatory body, any government, any tax authority, securities or futures exchange, court, central bank or law enforcement body, self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over any part of the RENTSMART Group.
Compliance Obligations means obligations of the RENTSMART Group to comply with (a) any Laws or international guidance and internal policies or procedures, (b) any demand from Authorities or reporting, disclosure or other obligations under Laws, and (c) Laws requiring the RENTSMART Group to verify the identity of its customers.
Connected Person means a person or entity (other than you) whose information (including Personal Data or Tax Information) is provided by you, or on your behalf, to any member of the RENTSMART Group or which is otherwise received by any member of the RENTSMART Group in connection with the provision of the Services. A Connected Person may be any persons or entities with whom you have a relationship that is relevant to your use of the Services.
Financial Crime means money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, or any acts or attempts to circumvent or violate any Laws relating to these matters.
Financial Crime Risk Management Activity means any action to meet Compliance Obligations relating to or in connection with the detection, investigation and prevention of Financial Crime that we or members of the RENTSMART Group may take.
Laws include any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, agreement between any member of the RENTSMART Group and an Authority, or agreement or treaty between Authorities and applicable to us or a member of the RENTSMART Group.
Personal Data means any information relating to an individual from which such individual can be identified.
Tax Information means documentation or information about your tax status or the tax status of a Connected Person.
Your Information means all or any of the following items relating to you or that of a Connected Person, where applicable: (a) Personal Data, (b) information about you, your accounts, transactions, use of our products and services and your relationship with the RENTSMART Group and (c) Tax Information.
Reference to the singular includes the plural (and vice versa).
b) Collection, use and sharing of Your Information
Our Privacy Policy that can be found at our website www.RENTSMART.com.hk/terms also contains important information about how we and the RENTSMART Group will use such information and you should read this Clause in conjunction with the Privacy Policy. We and members of the RENTSMART Group may use Your Information in accordance with this clause and the Privacy Policy.
i) Your Information will not be disclosed to anyone (including other members of the RENTSMART Group), other than where:
(1) we are legally required to disclose;
(2) we have a public duty to disclose;
(3) our legitimate business purposes require disclosure;
(4) the disclosure is made with the data subject’s consent;
(5) it is disclosed as set out in this Clause or the Privacy Policy.
Collection
ii) We and other members of the RENTSMART Group may collect, use and share Your Information. Your Information may be requested by us or on behalf of us or the RENTSMART Group, and may be collected from you directly, from a person acting on your behalf, from other sources (including from publicly available information), and it may be generated or combined with other information available to us or any member of the RENTSMART Group.
Use
iii) We and members of the RENTSMART Group may use, transfer and disclose Your Information (i) in connection with the purposes set out in this clause , (ii) as set out in the Privacy Policy (applicable to Personal Data) and (iii) in connection with matching against any data held by us or the RENTSMART Group or third party databases for whatever purpose (whether or not with a view to taking any adverse action against you) ((i) to (iii) are collectively referred to as the "Purposes").
Sharing
iv) We may (as necessary and appropriate for the Purposes) transfer and disclose any of Your Information to the recipients set out in the Privacy Policy (who may also use, transfer and disclose such information for the Purposes).
Your obligations
v) You agree to inform us promptly and in any event, within thirty (30) days in writing if there are any changes to Your Information supplied to us or a member of the RENTSMART Group from time to time, and to respond promptly to any request for Your Information from us or a member of the RENTSMART Group.
vi) You confirm that every Connected Person whose information (including Personal Data or Tax Information) has been (or will be) provided to us or a member of the RENTSMART Group has (or will at the relevant time have) been notified of and agreed to the processing, disclosure and transfer of their information as set out in this clause and the Privacy Policy (as may be amended or supplemented by us from time to time). You shall advise any such Connected Persons that they have rights of access to, and correction of, their Personal Data.
vii) You consent and shall take such steps as are required from time to time for the purposes of any applicable data protection law or secrecy law to permit us to use, store, disclose, process and transfer all of Your Information in the manner described in these Terms and Conditions. You agree to inform us promptly in writing if you are not able or have failed to comply with the obligations set out in (e) and (f) in any respect.
viii) Where
(1) you or any Connected Person fail(s) to provide promptly Your Information reasonably requested by us, or
(2) you or any Connected Person withhold(s) or withdraw(s) any consents that we may need to process, transfer or disclose Your Information for the Purposes (except for purposes connected with marketing or promoting products and services to you), or
(3) we have, or a member of the RENTSMART Group has, suspicions regarding Financial Crime or an associated risk,
ix) we may:
(1) be unable to provide new, or continue to provide all or part of the Services to you and reserve the right to terminate our relationship with you;
(2) take actions necessary for us or a member of the RENTSMART Group to meet the Compliance Obligations; and
(3) block, transfer or close your account(s) where permitted under local Laws.
c) Financial Crime Risk Management Activity
i) Financial Crime Risk Management Activity may include: (i) screening, intercepting and investigating any transaction sent by you, or on your behalf; (ii) investigating the source of or intended recipient of funds; (iii) combining Your Information with other related information in the possession of the RENTSMART Group; and (iv) making further enquiries as to the status of a person or entity, whether they are subject to a sanctions regime, or confirming your identity and status or that of a Connected Person.
ii) Our and RENTSMART Group's Financial Crime Risk Management Activity may lead to the delay, blocking or refusing the making or clearing of any transaction, the processing of your instructions or application for Services or the provision of all or part of the Services. To the extent permissible by law, neither we nor any member of the RENTSMART Group shall be liable to you or any third party in respect of any loss (howsoever it arose) that was suffered or incurred by you or a third party, caused in whole or in part in connection with the undertaking of Financial Crime Risk Management Activity.
d) Tax compliance
You acknowledge that you are solely responsible for understanding and complying with your tax obligations (including tax payment or filing of returns or other required documentation relating to the payment of all relevant taxes) in all jurisdictions in which those obligations arise and relating to the opening and use of RENTSMART Account(s) or Services provided by us or members of the RENTSMART Group. Each Connected Person acting in his capacity as a Connected Person (and not in his personal capacity) also makes the same acknowledgement in his own regard. Certain countries may have tax legislation with extra-territorial effect regardless of a Connected Person's or your place of domicile, residence, citizenship or incorporation. Neither we nor any member of the RENTSMART Group provide tax advice. You are advised to seek independent legal and tax advice. Neither we nor any member of the RENTSMART Group have responsibility in respect of your tax obligations in any jurisdiction which may arise including any that may relate specifically to the opening and use of account(s) and Services provided by us or members of the RENTSMART Group.
e) Miscellaneous
i) In the event of any inconsistency between any of the provisions of this clause and those in or governing any other service, product, business relationship, account or agreement between you and us, this clause shall prevail.
ii) If all or any part of the provisions of this clause become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability of such provision in any other jurisdictions or the remainder of this Clause 3 in that jurisdiction.
f) Survival upon termination
This clause shall continue to apply notwithstanding any termination by you or us or a member of the RENTSMART Group of the provision of any Services to you, or the closure of any of your accounts.
You confirm that all Your Information provided to us is, to the best of your knowledge, complete, accurate and up-to-date.
17) Ownership and Licenses
a) Ownership: The RENTSMART Content is protected by copyright, trademark, and other laws of Hong Kong. You acknowledge and agree that the RENTSMART Content, including all associated Intellectual Property Rights are the exclusive property of us and licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RENTSMART Content.
b) Application License: Subject to your compliance with these Terms and Conditions, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the RENTSMART App on a mobile device or computer that you own or control and run such copy of the RENTSMART App solely for your own personal / non-profit making use.
18) Links
The RENTSMART Content may contain links to third-party websites or resources. You acknowledge and agree that we are 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 or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume 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.
19) Partial invalidity
If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under any Applicable Regulation, such illegality, invalidity or unenforceability does not affect any other provision which remains in full force, validity and effect.
20) Waiver
No failure or delay by us in exercising any right, power or remedy will operate as a waiver of that right, power or remedy. Nor will any single or partial exercise preclude any other or further exercise of a right, power or remedy. Any right, power or remedy under these Terms and Conditions is intended to be cumulative and in addition to any other right, power or remedy we have in law.
21) Third party rights
No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
22) Appointment of agent or service provider
We may appoint any agents, service providers or sub-contractors (who may not be a member of RENTSMART Group) to perform any of the Services for or on behalf of us. For that purpose, (i) we may delegate any of our powers or obligations to such agents, service providers or sub-contractors, and (ii) you authorise us to disclose or transfer any information relating to you or your use of the Services to such agents, service providers or sub-contractors for or in relation to the provision and operation of the Services. Subject to limitation of our liability as set out in Clause 11, we remain liable to you for the gross negligence or willful default of any agents, service providers or sub-contractors appointed by us under this clause as if we performed the relevant Services ourselves.
23) Assignment
a) We may at any time assign or transfer any or all of our rights and obligations to any person without your agreement.
b) You are not allowed to assign or transfer any of your rights or obligations to any person unless with our prior written agreement.
24) Governing law, jurisdiction and version
a) These Terms and Conditions are governed by and will be construed according to Hong Kong laws.
b) You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms and Conditions may be enforced in the Courts of any competent jurisdiction.
c) The English version of these Terms and Conditions prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of these Terms and Conditions is for reference only.
25) Interpretation
Unless the context requires otherwise, in these Terms and Conditions:
a) any reference to a “Clause” or “sub-clause” is a reference to a clause or sub-clause of these Terms and Conditions;
b) any reference to these Terms and Conditions, an agreement or document is a reference to the same as amended, varied or supplemented from time to time;
c) any reference to Applicable Regulation is a reference to the same as amended, re-enacted or in effect from time to time;
d) a singular expression includes the plural and vice versa, and reference to a gender includes any gender;
e) “You” and “your” refers the person to whom we provide the Services and, where the context permits, includes each of your personal representatives and lawful successors;
f) a reference to a person refers to both natural and legal; and
g) Headings in these Terms and Conditions are for ease of reference only and do not affect the interpretation of these Terms and Conditions.
26) Definitions
Unless we specify or the context requires otherwise, the following terms in these Terms and Conditions have the meanings set out below.
a) Applicable Regulations means any law, regulation or court order, or any rule, direction, guideline, code, notice or restriction (whether or not having the force of law) issued by any Authority or industry or self-regulatory body, whether in or outside Hong Kong, to which we or you are subject or with which we or you are expected to comply from time to time.
b) Authority or Authorities is defined in Clause 16(a).
c) Bank Account means a Hong Kong dollar account held with any licensed bank in Hong Kong acceptable to us, designated by you for using the Services.
d) Credit Card means a valid credit card issued by a licensed bank or money lenders acceptable to us that you use for the Services .
e) Device Passcode means the access passcode or your fingerprint and/or any other biometric credentials for access to your Mobile Device.
f) Direct Marketing means the offering, or advertising of the availability of goods, facilities or services, or solicitation of donations by
i) sending information or goods, addressed to specific persons by name, by mail, fax, electronic mail or other means of communication; or
ii) making telephone calls to specific persons.
g) Disabling Code means any virus, “back door”, “time bomb”, “logic bomb”, “Trojan Horse", "worm", "drop dead device" or any other software or computer code designed to permit unauthorised access to or use of, or to damage, corrupt, erase, interfere, monitor, copy or otherwise impair in any manner, the normal operation of the Services, any computer systems or associated data, software, hardware or networks;
h) Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
i) Identifiers means any password, PIN, credential and Device Passcode.
j) Intellectual Property Rights means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar rights, in each case in any part of the world, whether registered or not, and including any applications for the registration of any such rights, whether presently existing or created in the future, and all benefits, privileges or rights to sue, recover damages or obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
k) Internet Site means any internet site established, operated or maintained by us or for us for or in relation to the Services.
l) Landlord means the landlord specified in the Tenancy Agreement.
m) Mobile Device means a smartphone or tablet with RENTSMART installed.
n) Payee means the Landlord or any other person specified for accepting the rent payable under the Tenancy Agreement.
o) Personal Data is defined in Clause 16(a).
p) Privacy Policy is defined in Clause 16(b) and includes the personal information collection statement applicable specifically to the Services.
q) RENTSMART means the software platform known as "RENTSMART".
r) RENTSMART Account means your account in RENTSMART in which you may pay rent through the Services by using Credit Card.
s) RENTSMART App means the software Mobile Device application which incorporates and utilizes RENTSMART.
t) RENTSMART Content means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, software, computer programmes, images, graphics, photos, video clips, sounds, audio files, directories or databases, that are made available on or through, or which can be accessed or viewed via RENTSMART, the RENTSMART App or the Internet Site, excluding Your Content.
u) RENTSMART Group means our affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually), and member of the RENTSMART Group has the same meaning.
v) Services means the service provided by RENTSMART, including but not limited to those on the RENTSMART App which allows individuals to use Credit Card to make rent payments due under the Tenancy Agreement to the corresponding Payees, and other services we may provide from time to time.
w) Tenancy Agreement means the legally binding and valid tenancy agreement(s) of a property in Hong Kong that you have submitted to and verified by us for the use of the Services.
x) Tenant means the tenant specified in the Tenancy Agreement.
y) Text Services is defined in Clause 9.
z) Your Content is defined in Clause 13(e)
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