When you use or access RentalsWorldwide.com or any of our service providers that are integrated or affiliated to this website, any sub-domains of this website or any mobile application for this website on which these Terms and Conditions of Use are posted (each herein referred to as a "Site"), you acknowledge that you agree to and are subject to the following Terms and Conditions of Use, as well as our Privacy Policy (collectively referred to as the "Terms"). If you do not fully agree to these Terms of Condition of Use together with the Privacy Policy and any other terms and conditions posted or linked to the Site, you are not authorized to access or otherwise use the Site or any of the services offered.
Under these Terms, "use" or "access" of this Site specifically includes any direct or indirect access or use of this Site or any cached version of this Site and any direct or indirect access or use of any information or content on or from this Site, regardless of how obtained. The term "Site" includes, without limitation, any cached version.
This Site is operated by The PHILLIPS Group Pte Ltd and unless otherwise specified we are the entity controlling this Site that you are accessing and is referred to herein as "RentalsWorldwide", “ we,” “ us ” or “ our ”.
You should take time to read through all of the Terms carefully. The Terms constitute a legally binding agreement between you and RentalsWorldwide. You are not authorized to use this Site if you are a minor and are under the age of 18 years. Further, we do not deliberately attempt to or knowingly collect the information of anyone under the age of 18.
1. This Site is a Venue (also known referred to as a “Market Place”) for the purpose of advertising and facilitating the long-term lease and short-term property rental and sale of properties and yachts, including yacht charters (herein the “property”, together the “properties”) in different pricing formats, between owners, approved agents and representatives (each a “member”) to potential renters, tenants (each referred to as “guests”) and potential buying parties (referred to as “buyers”). Collectively, guests and buyers together with a member, the “users” herein.
From time to time and at our sole discretion we may introduce and provide additional optional services for the benefit of members and users.
We do not own, manage or control and neither can we enter into any contract concerning any property for rent, lease or sale or any general optional service that is listed on this Site. We are therefore not a party to any rental, lease, charter or sales agreement or any other transaction or service between the members and users of this site. This remains so even if you use this Site to book a rental, lease, charter or make a sales enquiry or any agreement or we provide other related products or services for your use.
You are reminded that all users should therefore exercise due care when using this Site to enter into any transaction.
As such, the quality, standards, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the information, photographs, contents of or any property), the ability of members to rent, lease or buy a property or the ability of a potential guest to pay for a rental property and associated charges are solely the responsibility of the users.
You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers, including the acceptance of a cancellation policy and terms and conditions prior to making a reservation, booking or purchasing a product or service. In so doing, you acknowledge and agree that this may place additional restrictions and in some cases cost on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of this Site, their use of any tool, service or product offered on this Site and any transaction they enter into on this Site or in connection with their use of this Site.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their property, the conduct of their rental business, including but not limited to credit card, data and privacy laws, rules & regulations, taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Members also agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to allow for the listing for sale and the sale of their property. These may include but are not limited to abiding to generally accepted business practices, rules & regulations, taxes and legal procedures together with compliance procedures, as applicable. You are strongly encouraged to seek legal and professional advice prior to entering into any sales agreement for your property. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to the rental or sales of properties listed on this Site, there may be times where we are legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings. We may choose to comply with or disregard such obligation at our sole discretion. Members who accept credit card, debit cards, online payments, banking or any other payment information from guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices. Travel Advisories including Government Travel Warnings: While most travelers do not experience any serious incidents, travel is not entirely risk free and some destinations may involve a higher risk than some others. We strongly encourage travelers to research the location(s) they wish to visit and to review the current and potential status of travel prohibitions and warnings, including announcements and advisories issued by the Government of your own country and others.
Prevention of Fraud: We take the prevention of fraud seriously. Even though we have implemented procedures with the aim to assist users to prevent potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such steps or actions. In the event that we do provide warnings or messages to users about any such activity, we do not warrant or guarantee that such messages are accurate or that such messages will be delivered or reach all or any users in a timely manner or at all or that such messages or measures will prevent any harm or action.
2. Limited License to Use this Site for Personal and Private Use
Although we do charge a fee to members to advertise their property for rent and sale on this Site, we do not charge to access this Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access this Site to, as applicable, advertise properties in a number of different formats or research, investigate, view or make legitimate enquiries to members regarding their interest in particular properties and services for their own personal use, all in accordance with these Terms. Any other use of this Site is expressly prohibited.
Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of this Site, nor any right of use for scrapping, data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. However, the limited exception being the information required by internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address(s) using an easily identifiable party and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings, advertising, promotional activities and property rental advertisements, or any subset of the same, or which is in the business of providing property rental, yacht charter or other real estate services that compete with us.
3. Proprietary Rights and Downloading of Information and Content from this Site
The layout, text, files, images, photos, maps and other materials on this Site (collectively, the "content") are only for your personal use. All of the content on this Site including the Site itself, is protected by copyright and database rights. Copying or storing of any content for other than for your personal, non-commercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the enquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of this Site. You may not modify or reproduce the content and must display our copyright notice in the form "© The PHILLIPS Group Pte Ltd - All Rights Reserved" as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
4. Unauthorized Use of this Site
Unless it is otherwise provided within these Terms, or applicable law requires us to allow you to do so, you agree that you will not do any of the following, without limitation and without our prior written consent:
In the event that should you become aware of manipulated content, suspicious activity or communication through or in connection with this Site that may look as if it might be in violation of the above or in violation of any of these Terms, we request that you please contact us by contacting us using the email address TC (at)RentalsWorldwide.com ".
5. Changes to Site and Unavailability of Site and Content
We may alter, suspend or discontinue any area and the content of this Site at any time without warning or notice. This may include the availability of any of the Site features, database, or content, when and where we determine that we have legal, commercial or technical reasons to make such changes. We may also impose limits on certain features or services or restrict your access to parts or all of this Site for the same or similar reasons.
There may also be times when this Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet or through our or your service providers. We will use reasonable attention and care to overcome these difficulties when and if they are within our control. Please note, however, that we do not and we cannot guarantee continuous access to this Site and subsequently any or all of the specific features at all times.
6. Your E-mail Address and Our Privacy Policy
By using this Site, you accept and agree that we may access and use all or part of your user-contributed content in accordance with these Terms together with our Privacy Policy. We will only disclose your user-contributed content in accordance with these Terms and that of our Privacy Policy. You may refer to the Privacy Policy click here.
When you provide your e-mail and contact details to us to use or access this Site, any service or tool provided on this Site or our affiliates and service providers, you agree to allow us and our affiliated business units to add your e-mail address to our database of users. As such, you may receive one or more promotional e-mails from either this Site or another related website that we may operate. We therefore encourage you to tell us how you wish us to use your personal data for marketing of services and products to you by us and the websites that we control. Therefore we give you the opportunity to opt out of emailed marketing communications from us or our associated business units in relation to services and products that we think may be of interest to you. Each such communication will give you the opportunity of opting-out of receiving future similar communications. Please review our Privacy Policy for more information regarding our information collection practices and safeguards. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy and an initial opt-in to receive such emailed communications. Further, if you use any of our tools or services that we may offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is managed.
7. Data Transmittal and the Storage of Data
Many of the computer systems and companies that process your data on our behalf are based around the world including but not limited to the United States, Singapore and India and potentially also in other countries outside of Asia. As such, your personal data may be transferred to, processed and held both inside and outside of Singapore. Please note that some countries where offer a service may not have well developed data protection laws in place to protect your information.
8. Identity Verification
User verification on the Internet is unfortunately difficult and although we aim to collect as much identification from each user, we cannot and do not confirm the identity of every user. When you list a property with us for rent, you will be asked to identify yourself using an official government means of identity. Only after your identity has been established will your property be activated. If you fail to identify yourself correctly, you do not have the right to cancel your agreement to create the listing after the payment has been made. We operate a no-refund policy and as such you are strongly advised to ensure that you are willing to verify your identity when using this Site.
In some cases, we may request the guest to confirm their identity at the time of booking. While we continually try to improve security and reduce the risk of fraud though better systems, also encourage you to communicate directly with users or member through the tools available on the Site and take your own appropriate steps to satisfy yourself of User identity.
9. Password and Password Protection
You agree to (i) keep your password and online ID secure and strictly confidential, and provide it only to authorized users of your account, (ii) in addition, you must instruct each person to whom you give your online ID and password that he or she is not disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe that your password may have become known by any means to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Be aware that when you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or instruct to be performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (A) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (B) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS.
Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
10. Limitations of Use of Other User's Information; No Spam Policy
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through this Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information to a high standard and with at least the same degree of care that you would protect your own confidential information. You assume all liability for the misuse, loss, or unauthorized transfer of such information.
You are not licensed to add a Site user, even a user who has rented a property from you or to you, to your mailing list either by email, mobile messaging or physical mail, without first having the user's express consent to do so in writing.
No third party real estate agent or classified real estate media agent or any third party may access this site to directly or indirectly contact any member or user for the purpose of soliciting advertising, property rentals, yacht charters or yacht sales, real estate property listings or other services.
11. Use of Email and Communication Tools
When you select to use the "Send to a Friend" contact service, you confirm and agree that you have obtained the consent of the recipient of the email to our sending him/her the information on your behalf. You may not use any email service that we offer to send any unsolicited messages (often called spam) or otherwise send content that would breach these Terms and Conditions. Neither may you collect information (such as email addresses or telephone numbers) for the same purpose. We do not record and store the email messages sent from these tools. We d capture and store the email addresses sent from these tools. If you send email using the "Send to a Friend" service to an email address that is not registered in our community, we will collect that email address and such parties will receive marketing and newsletter materials from us until such a time as they advise us to opt-out of such communications.
12. Responsibility for Member and User-contributed content
We have no duty but we retain the right to proactively and consistently screen any content posted on the Site by members, users and any third party ("user-contributed content"). We are not responsible for any user-contributed content. We do, however, reserve the right to refuse, and permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirement standards. We may also remove user-contributed content if it is brought to our attention that such content may be in breach of our terms and conditions. A copy of our Content Guidelines can be found here.
All property listings on this Site are submitted by and are the responsibility of the member and users. We specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on the part of a member. Members are solely responsible for keeping their property information up to date and relevant on the Site. This includes but is not limited to any and all representations made about any property, its amenities and features, condition, suitability, location, and its availability. We do not represent, warrant or guarantee the accuracy and relevancy of any of the copy description, content, location, suitability, pricing or availability information published on the Site. Members are solely responsible for ensuring the accuracy of any property descriptions. We reserve the right at all times to disclose any information as permitted and requested by prevailing law to satisfy any law, regulation or government.
By using this Site, users agree and accept that they are solely responsible for reviewing the content posted on this site to ensure that it is not mis-leading or inaccurate.
Members posting information on this site must ensure that the content conforms to a truthful and accurate standard and at all times the content must:
License and Rights Granted to Us: By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing subscription, we will not continue to display the user contributed content that was previously displayed.
You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any member's listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us - at our expense and control to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member's property listing or otherwise provide promotional or other services related to our business.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates.
13. Notification of Infringing Content
If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us at TC (AT) RentalsWorldwide.com. Although we make regular inspections of content posted, we rely upon users to notify us of infringing content, activity and communications.
14. Social Media and Third Party Websites
If the event that this Site offers a tool or service to you which allows us to access or use any profile or other information about you that you have provided specifically to Facebook or any other third party social media website (collectively referred to as “Social Media Site”) and you decide to use such a tool or service, you accept and agree that:
15. Translations and Maps
We may at our sole discretion choose to engage translation services to translate any user contributed content created by members or users to display on this Site or any site of any affiliate where provide content. We do not guarantee the accuracy or quality of such translations and the member or user is solely responsible to review and verify the accuracy of any translation. Unless we specify otherwise to the user or member the translation services that we provide are complimentary.
Any maps provided on this are subject to the terms and conditions on the map service provider.
16. Software and Third Party Links
All Software (the "Software") is the copyrighted work of RentalsWorldwide. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
This Site may contain links and re-direction to other Internet sites and resources that we use in order to provide a complete service to you. Links to and from this Site to other third-party service provider sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents and services thereof. We may also provide you with the tools to allow interaction between this Site and a third party site, such as and by way of example but not limited to, an ID verification site, payment and booking sites and social media sites. We are not responsible in any way for such third-party sites or resources and you agree and accept that the use of such sites and resources will not be governed by these Terms.
17. Limitation of Liability
In no event will this Site, our parent (The PHILLIPS Group Pte Ltd), subsidiaries, affiliates, officers, directors and/or employees (collectively, the "The PHILLIPS Group Pte Ltd") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms and Conditions, your use of the Site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Site, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, and the liability of any member of The PHILLIPS Group Pte Ltd, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the two months prior to the action giving rise to liability, and (b) US$100.00 in the aggregate.
18. DISCLAIMER
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED "AS IS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES.
FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THIS SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THIS SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
19. Indemnification Release
In the event that you have a dispute with one or more other users, including, without limitation, any dispute between users, third party service providers and third party websites, any social media site, regarding any transaction or user-contributed content, you hereby agree to release and forever discharge each member of The PHILLIPS Group Pte, each of their respective agents, directors, officers, employees, investors and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of actions, proceedings, liabilities, obligations, legal fees, costs, and any disbursements of any nature whatsoever, whether know or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of this site or any machine connected to this Site.
You hereby agree to indemnify, defend and hold each member of The PHILLIPS Group Pte Ltd (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of this Site or otherwise relating to the business we conduct on this Site, including and without limitation, any actual or potential communication, transaction or dispute between you and others users or third parties, any content posted by you or on your behalf or posted by other users of your account on this Site, any use of any tool or service provided by a third party service provider, any tool or service that is offered by us that interacts with a third party website, including without limitation any booking, billing, verification, insurance provider and any social media website or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, legal fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.
If any claim is made against us that you indemnify us for, then (a) we will have the right to conduct its defense and settlement, but (b) we will take reasonable account of any representations you make to us as to such defense and settlement.
If you are a resident of the Sate of California and use this Site, you agree and accept that you waive California Civil Code Section 1542, which states: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected settlement with the debtor".
20. Country of Law
This site is operated by us in Singapore and we make no warranty that the content and services on this site are appropriate or readily available for your use outside of Singapore. Users who choose to access this site on an international basis outside of Singapore do so on their own initiative and are responsible for any applicable local laws.
All services and the right to use the services of this website by all members and users are executed and/or sold in Singapore and by accessing this Site you are irrevocably agreeing and consenting that any cause of action you may submit in connection with your use of this site or pursuant to these terms will be filed in the Singapore Courts. You acknowledge, consent and agree that Singapore will be the exclusive forum and venue for any legal dispute between you and us. In addition, this Agreement shall be governed by and construed in accordance with the laws of Singapore and subject to the exclusive jurisdiction of Singapore.
21. No Agency or Partnership
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of this Site.
22. Notices
Except as explicitly stated otherwise, any notices shall be given (should you contact us) by email to TC(at)RentalsWorldwide.com or by mail to our registered office address in Singapore:
The PHILLIPS Group Pte Ltd
8 Robinson Road
ASO Building, #06.00
Singapore
048544
or, when we need to send you notice, to the email address you have provide to this Site during the registration process. Notice shall be deemed given upon receipt or 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing. You are reminded to ensure the accuracy and truthfulness of the contact information that you provide to us at the time of registration.
23. Amendments
We reserve the right to change these Terms and Conditions from time to time and without forward notice, and to post the new version. At such a time, we will notify users of the fact that there are changed Terms and Conditions on this Site, and the new version of these Terms will take effect, and will govern this Site and your relationship with us.
24. Links to other Third-Party Sites
This Site may contain links and pointers to other Internet sites and resources. Links to and from this Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents, services and tools thereof.
25. Your Record of These Terms
We do not separately file the Terms and Conditions entered into by each user of the Site. If you so wish, please make a copy of these Terms and Conditions for your records by printing and/or saving a downloaded copy.
26. Miscellaneous
These Terms are intended to constitute the entire agreement between us and you with respect to your use of this Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms and Conditions or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or part thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms and Condition shall continue in full force and effect.
27. Contact
This Site is provided by The PHILLIPS Group Pte Ltd, and our address is 8 Robinson Road ASO Building, #06.00, Singapore, 048544, being a company registered in Singapore.
28. Member Eligibility; Accuracy of all Information provided
Our services may be used by members who are able to form legally binding contracts under applicable law. If you are registering to use this site on behalf of an incorporated or unincorporated entity, you represent that you have the authority to bind the entity to this Agreement.
You are not allowed to become a member of this site for the purpose of advertising a property or making a reservation, booking or similar user transaction if you are under 18 years of age.
Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to provide notice to the Site online regarding any updates to any such contact information previously submitted by member to the Site.
Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect or flaw in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities and services associated with the property are accurately and truthfully described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property.
29. Content, Layout and Copy
We reserve the right to determine the design, layout, improvements and functionality of our Site.
We reserve the right to review and edit, copy or amend the content, layouts or photographs supplied by any member if we believe it appropriate to enhance the advert. All content and copy that is submitted by members are subject to review and approval by us. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and will not be held liable for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member that is edited or amended by us.
30. Photographs and Disposal of Information
All printed (paper based) photographs and information submitted by a member will be discarded after we have scanned the same into our database. We are not able to return such photographs and information to you.
We will use all reasonable efforts to reproduce any photograph that is submitted to us, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this submission.
By submitting a photograph either electronically through this Site, or by email, or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and misrepresent the property.
31. Copyright Grant(s)
If you are a member, by accepting these Terms and Conditions and by paying for and ultimately posting a property listing on this Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up rights and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content that you post on the Site or the websites of our affiliates. Further, you grant the Site and The PHILLIPS Group Pte Ltd, the ability to copyright and protect the images, copy, and content available from your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We require these rights to host and display your listing. We are not responsible for any infringement or violation of laws resulting from content supplied by any member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.
Each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
It is the member's sole responsibility to obtain reproduction permission for all photographic and other material used in their listings. The member warrants that he/she is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
32. Hypertext Links are not allowed
We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice. Further, we reserve the right to charge an additional fee equal to the standard listing fee of US$299.00 for each hypertext link at any time.
33. Advertising More Than Property on One Listing or Substitution of Properties is not allowed
Each paid listing may only relate to one specific property. The property in a listing may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and will retain any fees associated with the term of the previously existing listing plus a new listing fee at standard listing fee of US$299.00 as compensation for violating this condition.
34. Unauthorized Payment Methods
No member may request any user to mail cash, or utilize any instant-cash wire transfer service such as Western Union in payment for all or part of a property rental transaction. If you violate this term or use any other unacceptable payment methods that may be posted on this Site we will immediately remove the non-conforming listing from this Site without notice to member and terminate the membership without refund.
35. Termination of Advertising
All listings are sold to run the full term as selected in the listing process and as chosen by the member. If you request us to remove your listing at your request prior to the completion of the full term you are not subject to a refund.
We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our office. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
At our reasonable discretion, any member that submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms and Conditions, we reserve the right to remove immediately such member's property from the Site without refund and we may terminate the membership.
If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member engages in any practice that, in our reasonable discretion, would be considered unfair within the industry, or if we receive a complaint that any listing's content infringes on the rights of a third party or misrepresents the actual rental property), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint has merit, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
If any member is in breach of these Terms and Conditions or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.
36. Distance Selling and Cancellation of an Advert
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing after the payment has been made. We operate a no-refund policy and as such you are strongly advised to ensure your choice of your purchase at the time of placing an order and your timely completion of your property listing or use of optional services.
Any refund we may choose to make is entirely at our sole discretion and any charges associated with making such a refund will be the responsibility of the member.
37. Unauthorized Payment Methods; Annual & Monthly Payments; Automatic Renewal of Annual and Monthly Payments
Payments between members and guests: We are not a party to any payment transaction between members and guests, even if we receive a commission in connection with any payment transaction. No member may request any guest to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction.
Any violation of this term or any other unacceptable payment methods such as cash on arrival or that may be posted on this Site may result in the immediate removal of the non-conforming listing from this Site without notice to the member and without refund.
From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. We hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Payments for annual and monthly fees: Payment for annual and monthly fee listings must be made to us in Singapore Dollars paid either by Paypal or a major credit through Paypal.
Automatic Renewal of Monthly and Annual Fees
For any annual or monthly fee paid by credit card or through Paypal, such fees shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current (non-promotional) membership rate. You agree and accept to allow us to keep your credit card details on file. If such membership fee was purchased using another form of payment other than by Paypal or credit card (if such other payment form was permitted), such membership fees shall not be automatically renewed.
Automatic renewal applies to all monthly and annual membership listings purchased by credit card or through PayPal. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner control panel at any time prior to expiration of the then-current term.
Upon any such turning off auto-renewal, your membership will remain active through the expiration of your current membership term. However your membership will not be automatically renewed upon the expiration of your current term. If your subscription does not auto-renew or expires at the end of your then current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.
If you do not turn off auto-renewal and you continue to use our membership service, you re-affirm and authorize us to charge your credit card or Paypal account at the end of each membership term for an additional term of the same duration as the initial term and at the prevailing non-promotional membership rate for the same product or service.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your membership term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.
If you wish to change your credit card to be charged or if your credit card information otherwise changes, you must update the information in your Control Panel and provide us with the new or different credit card information, as applicable.
Non-Membership Fee Listings: If our Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the sign up process for each rental of the property displayed in such listing, which terms may be updated by us from time to time without notice by us displaying the terms on the Site on which you signed up for the listing. The sign up process and additional notices you may receive from us may also provide additional terms and conditions for such listings.
38. Subscription Term, Refund Requests and Termination or Transfer of Listings
Members must all operate a Paypal Account in order to receive payments from us for Bookings and where applicable refunds. We do send funds directly to a bank account, unless otherwise agreed and through a third party.
All members and guests when using this Site to make or receive a payment via PayPal or any other payment processing system of our choice will be subject to a 2.5% administration and system processing fee for each party and this in addition to any booking or service fees that may be applied to the transaction.
Membership Term: All membership listings are sold to run the full term that is chosen by the member. The term starts on the date that the member submits the full payment or initial monthly payment and expires on the last date of the term chosen by the member. By way of example, for an annual membership term, if the member submits payment for the subscription on January 1st, the subscription would expire on December 31st of the following year. The same applies for an annual membership that is payable on a monthly basis.
Refund Requests: We operate a no refund policy. If you believe you qualify for a refund under a guarantee that we may offer from time to time, you may contact customer support by sending your request to the address listed under "General - Contact Us" and include your listing number, and your reason for dissatisfaction. We will then determine if an applicable guarantee program is valid and whether any refund is due. Please allow up to two weeks for us to respond.
Refund Requests for Membership Listings Not Completed: You are solely responsible for the creation and publication of your listing after you have paid for the listing membership fee. In the event you pay for a membership fee but do not complete the creation of the listing or the listing does not get posted after purchase for any other reason, refund requests will not be considered.
If you renew your membership, or if your membership automatically renews under its terms of your membership plan, your listing will remain online for the entire membership period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we will remove the listing; however, no refund will be provided.
Our Right to Terminate a Listing: If, in our sole discretion, any member submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such member’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a member’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from this Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an online marketplace for vacation rentals, if we determine or suspect that the member’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such member’s listing(s) or subscription(s) without notice to the member and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of RentalsWorldwide or The PHILLIPS Group Pte Ltd, we reserve the right to terminate such member’s listing(s) or subscription(s) immediately without refund. Finally, if any member is in breach of these Terms or its obligations to us or any of our third party providers then we may terminate such member’s subscription(s) immediately without notice to the member and without refund.
Transfer of Listing to a Third Party: No listing may be transferred to another party.
39. GST (General Goods & Services Tax)
Currently we are not registered to collect GST (VAT) in Singapore. This does not preclude us from charging and collecting GST in the future, when we are legally required to do so. At such a time, these Terms and Conditions will change with immediate effect and without notice to our members. We will then reflect the inclusion of GST at the prevailing rate on the taxable services required under Singapore law.