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 Propertselected payment method.

 

          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.

 

30 days with each request for listing and the Property Fee is due for each term of listing requested and purchased by the Property Manager. 

 

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.