MYREHAT PLATFORM TERMS AND CONDITIONS
BETWEEN This Agreement is entered into between you (the “Host”, “you” or “your”)
AND MESRA REHAT SDN BHD, a Malaysian business (“MyRehat”, “we”, “us” or “our”), which will provide certain services via the MYREHAT PLATFORM inter alia in terms of reservation, listing of Accommodation and the taking of deposits. A. RECITALS
1. YOU are an individual, a sole proprietorship, a partnership or a company
seeking to use the MYREHAT PLATFORM. 2. MYREHAT is a firm which inter alia provides the service of reservation
and the taking of deposits on the MYREHAT PLATFORM. 3. The Parties, having mutually read, understand and agree to be bound by MyRehat’s terms of service (“Terms”), enter into this agreement to record their agreement as to the various terms and conditions relating to the use of the MYREHAT PLATFORM.
B. THE PARTIES AGREE AS FOLLOWS:
1. Terminology When these Terms mention “MyRehat,” “we,” “us,”
or “our,” it refers to Mesra Rehat Sdn Bhd. 2. Contracting Entity
1 v24122019 You are contracting with Mesra Rehat Sdn Bhd (Malaysian Business Reg. No. 202101042754 (1443054-W)), Infinity8 Coworking Space, L3-023, Level 3, MyTOWN Shopping Mall, No 6, Jalan Cochrane, Seksyen 90, 55100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
3. Binding Agreement
3.1. These Terms constitute a legally binding agreement (“Agreement”) between you and MYREHAT (as defined below) governing your access to and use of: a. the MYREHAT website, including any subdomains thereof, and any other websites through which MYREHAT makes its services available (collectively “Site”); b. our mobile, tablet and other smart device applications and application program
MYREHAT PLATFORM TERMS AND CONDITIONS
interfaces (collectively “Application”); and c. all associated services (collectively
“MyRehat Services”). 3.2. The Site, Application and MyRehat Services together are hereinafter collectively referred to as the “MYREHAT PLATFORM”. 4. Eligibility 4.1. The MYREHAT PLATFORM is intended
solely for persons who are 18 or older. 4.2. Any access to or use of the MYREHAT PLATFORM by anyone under 18 is expressly prohibited. By accessing or using the MYREHAT PLATFORM you represent and warrant that you are 18 or older.1 5. License to the
MYREHAT PLATFORM
2 v24122019 5.1. Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the MYREHAT PLATFORM, MYREHAT hereby grants to you a non- exclusive, non-transferable, terminable license to the MYREHAT PLATFORM, in object code form only, to be used solely for your own internal commercial purposes and only for the purposes for which the MYREHAT PLATFORM were intended. 5.2. You may permit your employees, consultants, or other authorized users to access and use the MYREHAT PLATFORM on behalf of and for your benefit. 6. Modification 6.1. MYREHAT reserves the right, at its sole
discretion, to: a. modify, discontinue or terminate the
MYREHAT PLATFORM; or b. to modify these Terms, at any time and
without prior notice.
1 Take notice that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
MYREHAT PLATFORM TERMS AND CONDITIONS
6.2. If we modify these Terms, we will post the modification on the MYREHAT PLATFORM. 6.3. By continuing to access or use of the MYREHAT PLATFORM after we have posted a modification on the MYREHAT PLATFORM, you are indicating that you agree to be bound by the modified Terms. 6.4. If the modified Terms are not acceptable to you, your only recourse is to cease using the MYREHAT PLATFORM. 7. Registration and
Communication
3 v24122019 7.1. Registration with the Site is currently free; however we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members. 7.2. You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you. 7.3. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time. Save as permitted by these Terms, you are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services. 7.4. We request that all information included in your registration or member profile is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms, you give your consent to receive communications from us by email and
MYREHAT PLATFORM TERMS AND CONDITIONS
you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy. 8. Privacy 8.1. Our use of your personal information is governed by the Personal Data Protection Act 2010. (“PDPA”) which is incorporated into these Terms. 8.2. By using MyRehat Services, you agree that MYREHAT PLATFORM may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any). 9. Use and General
Prohibitions
4 v24122019 9.1. MyRehat Services and MYREHAT PLATFORM are offered solely for a User’s personal use and for the purposes described in these Terms. Any and all other uses are prohibited. MYREHAT PLATFORM expressly reserves all its rights and remedies under applicable all laws. MYREHAT PLATFORM reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to MyRehat Services. 9.2. Any information published by you on MYREHAT PLATFORM will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of
MYREHAT PLATFORM TERMS AND CONDITIONS
intellectual property, privacy or any other claim arising from your content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership. 9.3. In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the MYREHAT PLATFORM. 9.4. You agree not to (and not to allow any third party
to): a. reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the MYREHAT PLATFORM, or any portion thereof, for any commercial purpose without our express written consent. b. attempt to access or search MyRehat Services or MYREHAT PLATFORM Content or download MYREHAT PLATFORM Content from the MYREHAT PLATFORM or MyRehat Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MYREHAT PLATFORM or other generally available third party web browsers. c. use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor
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any portion of the MyRehat Services or MYREHAT PLATFORM Content, except as expressly authorized by MYREHAT PLATFORM. d. rent, lease, copy, provide access to or sublicense any portion of the MyRehat Services or MYREHAT PLATFORM Content to a third party. e. reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the MyRehat Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to MYREHAT PLATFORM). f. Modify any MyRehat Services or MYREHAT PLATFORM Content or create any derivative product from any of the foregoing. g. remove or obscure any proprietary or other notices contained in the MyRehat Services or MYREHAT PLATFORM Content. h. publicly disseminate information regarding the performance of MyRehat Services or MYREHAT PLATFORM Content or access or use MyRehat Services or MYREHAT PLATFORM Content for competitive analysis or benchmarking purposes. i. post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material 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;
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ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; iii. is fraudulent, misleading 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; vii. promotes illegal or harmful activities
or substances; or viii. is inaccurate or untrue. j. Collect or store any personally identifiable information from MYREHAT PLATFORM or MyRehat Services from other Members of MYREHAT PLATFORM or MyRehat Services without their express permission. k. impersonate or misrepresent your affiliation
with any person or entity. l. interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing MYREHAT PLATFORM or MyRehat Services. m. use the MyRehat Services or MYREHAT PLATFORM Content for any illegal purpose. 9.5. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE MYREHAT PLATFORM AND MYREHAT SERVICES
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AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING MYREHAT PLATFORM AND MYREHAT SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND MYREHAT PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF MYREHAT PLATFORM AND MYREHAT SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND MYREHAT PLATFORM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO. 9.6. MYREHAT PLATFORM IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. MYREHAT PLATFORM IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST. 10. Advertising and Commercial Use
8 v24122019 10.1. Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent. 10.2. You are not entitled to resell or commercially exploit MYREHAT PLATFORM‘s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
MYREHAT PLATFORM TERMS AND CONDITIONS
10.3. In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of statutory law having taken their address from MYREHAT PLATFORM, then we reserve the right to terminate without notice your use of MYREHAT PLATFORM without limiting any other rights and remedies we may have. 11. Availability 11.1. MYREHAT PLATFORM will use reasonable efforts to make MyRehat Services available at all times. 11.2. However, you acknowledge MyRehat Services are provided over the internet and mobile networks and so the quality and availability of MyRehat Services may be affected by factors outside MYREHAT PLATFORM‘s reasonable control. 11.3. MYREHAT PLATFORM does not accept any responsibility whatsoever for unavailability of MyRehat Services, or any difficulty or inability to download or access content or any other communication system failure which may result in MyRehat Services being unavailable. 11.4. From time to time, it may be necessary to suspend access to MYREHAT PLATFORM for a period of time and any such interruptions shall not constitute a breach by us of these terms. We may make changes to the format of MYREHAT PLATFORM and MyRehat Services provided or to MYREHAT PLATFORM’s content at any time without notice. 12. Technical
Requirements
9 v24122019 Use of MyRehat Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of MyRehat Services, including from any notifications provided by MyRehat Services. MYREHAT does not guarantee that MyRehat Services will be compatible with all devices or will be supported by all mobile carriers.
MYREHAT PLATFORM TERMS AND CONDITIONS
13. Disclaimer
13.1. YOU EXPRESSLY ACKNOWLEDGE THAT Warranties
USE OF THE MYREHAT PLATFORM IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “MYREHAT PLATFORM PARTIES”) WARRANT THAT THE MYREHAT PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYREHAT PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE MYREHAT PLATFORM. THE MYREHAT PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 13.2. THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
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COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. 14. Liability
Limitations
11 v24122019 14.1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MYREHAT PLATFORM AND MYREHAT SERVICES REMAINS WITH YOU. WE AND THE MYREHAT PLATFORM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 14.2. IN NO EVENT WILL WE, THE MYREHAT PLATFORM PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MYREHAT PLATFORM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYREHAT PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE MYREHAT PLATFORM. 14.3. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE MYREHAT PLATFORM PARTIES SHALL
MYREHAT PLATFORM TERMS AND CONDITIONS
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. 14.4. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD- PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE MYREHAT PLATFORM PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNRED RINGGIT MALAYSIA. 15. Indemnity You agree to defend, indemnify, hold harmless MYREHAT, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
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a. your access to or use of the MYREHAT
PLATFORM and MyRehat Services; b. any Member Content submitted by you; and c. any breach or alleged breach by you of these
Terms. 16. Term and
Termination
13 v24122019 16.1. This Agreement is effective from the first date you use the MYREHAT PLATFORM and MyRehat Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. 16.2. MYREHAT PLATFORM may, at its sole and absolute discretion, terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to MyRehat Services shall survive any termination of these Terms. 16.3. You agree that MYREHAT, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if MYREHAT believes that you have violated or acted inconsistently with the spirit of these Terms. 16.4. MYREHAT may, in its sole and absolute discretion, and at any time, discontinue providing MyRehat Services, or any part thereof, with or without notice. You agree that any termination of your access to MyRehat Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that MYREHAT may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or MyRehat Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that
MYREHAT PLATFORM TERMS AND CONDITIONS
MYREHAT shall not be liable to you or any third party for any termination of your access to MyRehat Services. 17. Intellectual
Property Rights
14 v24122019 17.1. The features, information, and materials provided and depicted through MyRehat Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through MyRehat Services (collectively, the “MYREHAT PLATFORM Content”) are provided to User by MYREHAT PLATFORM or its partners or licensors solely to support User’s permitted use of MyRehat Services. 17.2. The MYREHAT PLATFORM Content may be modified from time to time by MYREHAT in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of MyRehat Services or MYREHAT PLATFORM Content by User shall constitute a material breach of this Agreement. 17.3. MYREHAT and its partners or licensors retain all rights in MyRehat Services and MYREHAT PLATFORM Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. 17.4. No license, right, or interest in any trademarks of MYREHAT or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with MYREHAT PLATFORM Content, the “Content”). 17.5. By making available any Member Content through the Site and Services, you hereby grant
MYREHAT PLATFORM TERMS AND CONDITIONS
to MYREHAT a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of MYREHAT PLATFORM and MyRehat Services. MYREHAT 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. 17.6. You acknowledge and agree that you are solely responsible for all Member Content that you make available through MYREHAT PLATFORM or Services. Accordingly, you represent and warrant that: i. you either are the sole and exclusive owner of all Member Content that you make available through MYREHAT PLATFORM or Services or you have all rights, licenses, consents and releases that are necessary to grant to MYREHAT the rights in such Member Content, as contemplated under these Terms; and ii. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or any other person’s use of the Member Content (or any portion thereof) on, through or by means of the MYREHAT PLATFORM and MyRehat Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
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17.7. We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on MYREHAT PLATFORM and we cannot give any assurance as to its accuracy or completeness. Users of this MYREHAT PLATFORM are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content. 17.8. MYREHAT PLATFORM may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside MYREHAT PLATFORM. 18. Copyright Policy 18.1. MYREHAT respects the intellectual property rights of third parties. If you are a copyright owner or an agent thereof and believe that any of MyRehat Services or any content infringes upon your copyrights, you may notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section. 18.2. In order for us to take action, your notice must
include the following information: a. identify the copyrighted work that you
believe is being infringed; b. identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
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c. provide us with your full name, mailing address, telephone number and email address; d. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with MYREHAT PLATFORM or MyRehat Services; e. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and f. provide your physical or electronic
signature. 18.3. Our designated copyright agent to receive
notifications of claimed infringement is:
MYREHAT Designated Copyright Complaint Mesra Rehat Sdn Bhd (Malaysian Business Reg. No. 202101042754 (1443054-W)), Infinity8 Coworking Space, L3-023, Level 3, MyTOWN Shopping Mall, No 6, Jalan Cochrane, Seksyen 90, 55100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
Email:[email protected]
19. Notice
19.1. Any notices or other communications permitted or required (if any) hereunder by MYREHAT, including those regarding modification of these Terms, will be in writing and given by MYREHAT: a. via email (in each case to the address that you
provide); or b. by posting to MYREHAT PLATFORM. 19.2. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to [email protected] .
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19.3. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted. 20. Governing Law and Compliance with Law
18 v24122019 20.1. These Terms shall be governed by and construed in accordance with the laws of Malaysia, consistent with the Arbitration Act, 2005, without giving effect to any principles that provide for the application of the law of another jurisdiction. 20.2. Your use of MyRehat Services may also be subject to other local, state, national and international laws.2 21. Dispute
Resolution
21.1. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Disputes”) between you and MYREHAT PLATFORM or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and 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 copyrights, trademarks, trade secrets, patents or other intellectual property rights. 21.2. You acknowledge and agree that you and MYREHAT are each waiving the right to participate as a Plaintiff or class member in any
2 Explanatory Note : Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using MyRehat Services.
MYREHAT PLATFORM TERMS AND CONDITIONS
purported class action or representative proceeding. Further, unless both you and MYREHAT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. 21.3. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the AIAC Arbitration Rules, except as modified by this “Dispute Resolution” section. The Arbitration Act, 2005 (Malaysia) will govern the interpretation and enforcement of this Section. 21.4. Notwithstanding anything to the contrary herein, if MYREHAT changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected] ) within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MYREHAT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 22. Miscellaneous Terms
19 v24122019 22.1. Waiver: If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
MYREHAT PLATFORM TERMS AND CONDITIONS
22.2. Severability: If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. 22.3. Assignment: These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by MYREHAT PLATFORM. 23. Contact If you have any questions about these Terms, please contact MyRehat Platform at [email protected]
