Terms Of Service
1. Definitions
1.1. 8The terms “Kera,”
“we,” “us,”, “our”, “We,” “Us,” or “Our”
refer to Rentiteasy Ltd, a company registered under the laws of Malta
bearing company registration number C 86063 and having its registered address
at 21, Mons A. Bonnici Street, Msida MSD 2257, Malta.
1.2. “Property Seeker”,
“Property Seekers”, “Seeker” or “Seekers” refers to individual who register in
our Site, to seek accommodation to rent or to buy.
1.3. “Property Manager”,
“Property Managers” refers to individual who register in our Site, to offer
accommodation to rent or to buy.
1.4 The term “Listed Property” refers to that property which has been placed on the Platform at the request of the Property Manager and consequently made available to be sought by Property Seekers.
1.5 The term “Users”, “User” or “You” refers collectively to the Property Seeker and the Property Manager.
1.6 The term “Freeze deposit” means that the Property Seeker can book a listed property for exclusive viewing by that Property Seeker for a determined number of days upon the payment of an amount ranging from 5% to 40% of the property fee. This option allows the Property Seeker to obtain the right of first refusal for a defined period of time ranging from twenty-four (24) hours to seven (7) days.
1.7 “Multimedia Services” refers to photo, video and audiovisual services rendered by our partner Picture Perfect Malta.
1.8 The term “Services” refers to the provision of a platform which allows the listing of property and the seeking of property for that property’s rental or purchase.
1.9 The term “Additional Services” refers to the Freeze deposit and Multimedia Services and any other services which Kera places on its Platform.
1.10 “Site” refers to Kera.com.mt website, including any subdomains thereof, and any other websites through which Kera makes its services available
1.11 “Application” refers to our mobile, tablet and other smart device applications, and application program interfaces.
1.12 The term “Platform” refers collectively to the Site, the Application and the Services.
1.13 The term “Property fee” refers to that
amount of payment that is due by the Property Seeker to the Property Manager
for the rental or purchase of the Listed Property, and which is determined by
the Property Manager.
1.14 The term “Kera fee” refers to that
amount or amounts due to Kera by the Property Manager and/or the Property
Seeker for the use of the Platform Services and of Additional Services.
2. Scope and Nature of Our
Services
2.1. These Terms of Service
constitute a legally binding agreement (hereinafter referred to as the
"Agreement") between You and Kera.
2.2. Kera reserves the right
to amend, make changes or replace to the Terms of Service at any time in
accordance with this provision. Kera shall announce the changes on the website
with notice of thirty (30) days prior to the date the changes come into effect.
2.3. Where You do not reject
these changes in writing within the notice period of thirty (30) days from the
announcement date as referred to in Section 2.2, the amended Terms of Service
shall be deemed to be accepted by You and the new Terms of Services as amended,
changed or replaced will be a legally binding agreement between You and Kera
with this new Terms of Services superceding the former. You shall be reminded
of this in the Change to Terms of Service announcement.
2.4. The Platform is an
online marketplace providing Property Managers and Property Seekers with the
opportunity to transact by enabling registered Property Managers to list
property for rent or sale, to communicate and transact directly with Property
Seekers who are seeking to rent or buy a property in Malta.
2.5. As the provider of the
Platform, Kera does not own, create, sell, re-sell, provide, control, manage,
offer, deliver or supply any Listings. Property Managers alone are responsible
for their Listings.
3. Property Fee
3.1. A fee is due by
Property Manager/s to Kera for each property that is listed on Kera. The fee is
equal to two euros ninety-five cent (€2.95) for a single Listed Property;
twenty-four euros five cents (€24.95) for ten (10) Listed Properties of the
same Property Manager; and a monthly fee of thirty-four euros ninety-five cents
(€34.95) for any one Property Manager listing more than ten (10) properties.
3.2 The Property Fee is charged
upon the Listing of the Listed Property on Kera and is withdrawn from the
Propert
3.3
Should the Property Manager/s account not hold the required Property
Fee, or should the payment be refused or rejected or cancelled the Listed
Property will immediately be removed from Kera with however the Property Fee
still being due in full.
4. Kera Fee
4.1 A fee, other than the Property Fee, becomes
due to Kera by the Property Manager and/or the Property Seeker for Platform
Services and/or Additional Services as indicated by Kera on the Platform and as
the Property Manager and/or the Property Seeker will be advised upon the
booking of such Platform Services and/or Additional Services.
4.2 The Kera Fee is charged upon the booking of
Platform Services and/or Additional Services and is withdrawn from the Property
Manager and/or Property Seeker account as the case may be.
4.3
Should the Property Manager and/or Property Seeker account not hold the
required Kera Fee, or should the payment be refused or rejected or cancelled
the Services and/or Additional Services will not be provided and the Property
Manager and/or Property Seeker will not have a right to seek these Services
and/or Additional Services unless payment is effected.
5. Freeze Deposit Fee
5.1.
“Freeze deposit” is a feature offered by Kera which enables the
exclusive viewing of a property for a definite amount of time agreed upon
(“Freeze Period”) between the Property Seeker and the Property Manager and
which is carried out against a Freeze Deposit Fee. During the Freeze Period the Property Manager
undertakes to refrain from transferring, showing, leasing or alienating the property to any third party
without the consent of the Property Seeker.
5.2.
The Freeze Period shall be such number of hours, days, weeks or
months as the Property Manager may decide to accept upon the request of the
Property Seeker. The Freeze Period shall lapse upon midnight of the last day of
that Freeze Period as may be agreed, booked and paid for .
5.3.
The “Freeze deposit fee” amounts to a percentage ranging from five
percent (5%) to forty percent (40%) of the monthly fee of the Listed Property
as is indicated by the Property Manager and is indicated for each Listed
Property on the Platform. The amount of Freeze Deposit Fee will be notified to
the Property Seeker upon his/her seeking the service.
5.4.
The Freeze Deposit Fee is payable in one lump sum by the Property
Seeker. The Freeze Deposit Fee represents an amount equal to two point five
percent (2.5%) of the total Freeze Deposit Fee which is the fee due to Kera by
the Property Manager and the remaining balance that is an amount due by the
Property Seeker to the Property Manager for accepting to freeze the Listed
Property for any one Property Seeker.
5.5. The Property Seeker hereby authorises Kera to withdraw the Freeze Deposit Fee immediately from the Property Seeker account and to transfer that part of the Freeze Deposit Fee that is due to the Property Manager to the Property Manager’s account and to retain two point five percent (2.5%) of the full Freeze Deposit Fee that is due to Kera in its account. The latter authorisation is being provided since the Property Manager hereby accepts to pay the amount representing two point five percent (2.5%) of the full Freeze Deposit Fee to Kera and hereby instructs the Property Seeker to effect this payment directly to Kera.
5.6. The making use of the
Freeze Deposit service is at a cost of ten percent (10%) of the Freeze Deposit
Fee (Kera Freeze Deposit Service Fee) in addition of the Freeze Deposit Fee and
which additional fee is due directly by the Property Seeker to Kera. The
Property Seeker hereby authorises Kera to withdraw from his/her account this
ten percent (10%) fee in addition to the Freeze Deposit Fee.
6.
The Freeze
Deposit Fee and the Kera Freeze Deposit Service Fee are charged upon the
booking of the Freeze Deposit Service and are withdrawn from the Property
Seeker account and distributed as indicated in this Clause 6.
7.
Should the
Property Seeker account not hold the required Freeze
Deposit Fee,
or should the payment be refused or rejected or cancelled the Freeze Deposit
Service will not be provided and Property Seeker will not have a right to seek
this Service unless payment is effected. Should payment be refused, rejected or
cancelled the Property Manager shall become immediately free and liberated from
giving the Property Seeker exclusivity on the Listed Property.
8. User’s Account
8.1. Account Registration
8.1.1.
A User Account is required by
each Property Manager and Property Seeker to access and use features of the
Platform, the Platform Services and the Additional Services.
8.1.2.
You can create an account by
providing an e-mail address, filling out the registration form and submitting
it to Kera online. Kera reserves the right to refuse to open a User Account for
any reason we see fit.
8.1.3.
You must provide accurate,
current and complete information during the registration process.
8.1.4.
You are hereby being notified
that Kera carries out verification procedures, whether itself or through third
parties. You will be requested to provide Kera with documents to verify your
User Account and access all the services. The documents sought are at the sole
discretion of Kera, and may include a copy of any document or identification
documentation as may be part of the Kera Know Your Customer procedures. Kera
may also request further documentation or the same documentation previously
provided at a later date for any reason whatsoever whether these would have
expired or would no longer be valid for any reason, or to request any
additional KYC documentation for any reason and at any time. Your User Account
may be blocked or closed if you do not provide requested information or
documents or if such information or documents you provide is/are found to be
unsatisfactory, false or deemed to be misleading at the exclusive discretion of
Kera.
9. A User must be of at least eighteen (18)
years of age. No User account will be opened by Kera for any user, be it a
Property Manager or Property Seeker for anyone below the age of eighteen (18)
years.
9.1. A User is
considered to be using Kera Platform, Platform Services and/or Additional
Services for himself/herself and remains personally liable for any such use of
the Kera Platform, Platform Services and/or Additional Services.
8.2. Prohibited Activities
8.2.1.
You are solely responsible for
compliance with and adherence to any and all laws, rules, regulations and tax
obligations that may apply to your use of the Platform.
8.2.2.
In connection with your use of
the Platform, you will not yourself be involved in or assist or enable others
to:
8.2.2.1. Use the Platform for any commercial or other purposes that are not
expressly permitted by these Terms of Service or in a manner that falsely or
incorrectly implies Kera’s endorsement, partnership or otherwise misleads
others as to your affiliation with Kera;
8.2.2.2. Copy, store or otherwise access or use any information, including
personally identifiable information about any other Users, contained on the
Platform in any way that is inconsistent with Kera’s Privacy Policy or these
Terms or that otherwise violates the privacy rights of Users or third parties;
8.2.2.3 Breach any Intellectual Property
rights belonging to third parties.
8.2.3.
Kera does not allow any
attempts to impersonate another person, account or entity, including a
representative of Kera. Kera will close any and all accounts and terminate any
bookings of Platform Services and/or Additional Services should it become aware
that a User is impersonating another person.
8.2.4.
Kera does not and will not
allow messages in the direct chat between Property Seekers and Property
Managers that includes:
8.2.4.1. Profanity, sexually explicit, hate speech, discriminatory, threats,
violence
8.2.4.2. Mention of full names, personal attack towards the staff
8.2.4.3. Promoting illegal activities (e.g. drugs, prostitution)
8.2.4.4. Sites, emails and addresses, phone numbers, contact details
8.2.4.5. Politically sensitive comments
8.3. Dispute Resolution
8.3.1.
A User has the right to express
their dissatisfaction and raise a complaint pursuant to the terms and
conditions of this Agreement. Kera enables customers to raise complaints
through various channels of communication to ensure optimal Userservice.
8.3.2.
Once a complaint is received
the Userwill receive an acknowledgement within forty-eight (48) hours from Kera
receiving such a complaint. The purpose of this acknowledgement is solely to
set the User’s expectations of how Kera will handle the complaint and within
which timeframe.
8.3.3.
The complaint will be
investigated, and a full response will be given within a maximum of ten (10)
days. The company will also do its utmost to resolve a complaint in a shorter
timeframe however should more time be required for resolution, Kera will inform
the user accordingly
8.4. Termination
8.4.1.
This Agreement shall be
effective until such time when you or Kera terminate the Agreement in accordance
with the following provision and/or until such time for when the Services or
Additional Services booked with Kera lapses.
8.4.2.
You may terminate this
Agreement at any time by sending us an email. A cancellation of your User
Account as a Property Manager, or as a Property Seeker shall give rise to an
automatic termination of this Agreement.
8.4.3.
Kera reserves the right to
temporarily block User’s Account, to irrevocably delete the User Account or to
take other necessary measures if the User violates any applicable Law or these
Terms of Service or for any other reason exclusively within the discretion of
Kera.
9. Terms Specific to
Property Seeker
9.1. The Seeker will not
post any of the following types of reviews:
9.1.1.
Reviews that do not represent
the author’s personal experience;
9.1.2.
Reviews incentivised by a
promise for payment, additional services or a discounted rate;
9.1.3.
Reviews motivated by a threat
of extortion;
9.1.4.
Reviews that promote illegal
activities; or
9.1.5.
Reviews that include profanity,
sexually explicit speech, hate speech, discriminatory speech, or any form of
violence.
9.2 The Property Seeker shall abide at all
times with the conditions imposed for the use or purchase of the Listed
Property and shall not carry out any illegal activity whatsoever from the
Listed Property.
9.3 The
Property Seeker hereby holds Kera free and harmless for any damage that the
Property Seeker may incur from the use or purchase of a Listed Property, or to
the Property Seeker in relation to or in connection with, directly or
indirectly, his/her use of the Platform, its Services or Additional Services.
10. Terms Specific for
Property Manager
10.1. The Property Manager
will not post, upload, publish, submit or transmit any content that: (i) is
fraudulent, false, misleading (directly or by omission or failure to update
information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic,
vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group; (iv) is violent or threatening
or promotes violence or actions that are threatening to any other person or
animal; (v) promotes illegal or harmful activities or substances; (vi) violates
another person’s or entity’s rights, including intellectual property rights and
privacy rights or (vii) violates Kera’s
Terms of Service . Kera may remove or disable access to any User’s Content that
is in violation of applicable law, these Terms, or otherwise may be harmful or
objectionable to Kera, its Users, or third parties.
10.2 The Property Manager is to determine
the conditions under which a Listed Property will be placed at the disposal of
a Property Seeker. Such conditions are to be clearly indicated to Kera and will
be listed with the Property.
10.3 The Property Manager hereby holds Kera
free and harmless from any damage that be caused to the Listed Property or to
the Property Manager in relation to or in connection with, directly or
indirectly, his/her use of the Platform, its Services or Additional Services.
11. Cancellation and Refunds
11.2 Except as stipulated in clause
11.3 before no other refund shall be due to
User whatever the reason for cancellation of the Service and/or Additional
Service may be.
11.4 No refund is due of any amount due at
the booking of any Service and/or Additional Service even in the event that the
User will not be making use of the Listed Property or will not be purchasing
the Listed Property or will not be
making us of the Service and/or the Additional Service. The User, being the
Property Manager and/or the Property Seeker, hereby renounces to a refund of
any amount due at the booking of any Service and/or Additional Service.
12. Intellectual Property
Rights
12.1. Unless stated otherwise,
the software required for our services or available at or used by our Platform
and the intellectual property rights including the copyrights of the contents
and information of and material on our Platform are owned by Kera.
12.2. Kera exclusively
retains ownership of all rights, title and interest in and to all intellectual
property rights of the look and feel (including infrastructure) of the Platform
on which the service is made available and you are not entitled to copy,
scrape, publish, promote, market, integrate, utilise, combine or otherwise use
the content or our brand without our express written permission. Any unlawful
use or any of the aforementioned actions or behaviour will constitute a
material infringement of our intellectual property rights
13. Liability
13.1.
Kera shall not be liable for any type of damage suffered, paid or
incurred as a result of the negligence and/or shortcoming of the obligations of
Kera and any of its representatives, affiliates, employees and director(s).
13.2. Kera and any of its representatives,
affiliates, employees and director(s) shall not, in any instance
whatsoever be liable for:
-
Any inaccuracies related to the contents of any property listed on
the Kera Platform
-
Any damages and/or loss of profit or revenue arising out of any
services provided by third parties other than Kera and any of its
representatives, affiliates, employees and director’s
-
Any damage and/or loss of profit arising out of any misuse and/or
delayed use of the Platform (iv) any damage and/or loss of profit arising out
of any error, breach, non-compliance, and any damage that may be caused to the
Listed Property.
14. Applicable Law and
Regulations
14.1. These Terms of Service
shall be governed by and construed in accordance with the Laws of Malta.
14.2. Any dispute arising out
of these Terms of Service and/or from our Services shall be exclusively dealt
with by the Courts of Malta.