Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By signing up an account with Orento platform and using the Services (as defined below), you agree to comply with and be bound by these Terms.
Date of last revision: June 2018
By using or accessing our Services (as defined in Article 1 below), you agree to these Terms and Conditions (“Terms”), as updated from time to time in accordance with Article 5 below. When agreed, these Terms constitute a legally binding agreement between you and Orento.
When these Terms mention “Orento,” “we,” “us,” or “our,” it refers to the party you are contracting with:
- if your country of origin is in Indonesia, you are contracting with PT Orento Teknologi Indonesia, a limited liability company established and existing under the laws of the Republic of Indonesia, having its domicile in North Jakarta, Indonesia; and
- if your country of origin is in Australia, you are contracting with Orento Pty Ltd, a company established and existing under the laws of Australia, having its domicile in Docklands, Victoria, Australia.
Our details for the purpose of communication in relation to these Terms can be found in Article 8.
1. Our Services
- Orento provides a two-sided online platform that facilitates leasing of properties by enabling property owners (“Host”) to publish their property in Orento’s platform and to communicate and transact with potential tenant (“Tenant”), both the Host and the Tenant must be registered members of Orento. (collectively, “Services”).
- The process of Services shall be done as follows:
- to use our full Services, you must register an account in our platform, which include acceptance to these Terms and a separate Privacy Terms, as well as completion of a verification and identification process as further governed in Article 2 below;
- a Host may list their property in Orento after passing the verification and identification process and agreeing to a separate Listing Terms and Payment Terms with Orento, there is no fee whatsoever charged by Orento for the listing of property until the property is successfully leased. In later case, each the Host and the Tenant shall be charged with a 2% fee by Orento (such 2% fee from each the Host and the Tenant, or any other amount as decided based on sole discretion of Orento according to these Terms, are hereinafter referred to as the “Orento Fees”). Orento shall deduct the Orento Fees from the payment to be received from the Tenant according to our Payment Terms;
- Orento may anytime amend new rate for Orento Fees based on its sole discretion, provided that 60 days prior to the effective date of such new rate, Orento shall notify such new rate and its effective date to Orento members;
- a listing shall be available in our platform immediately, unless if we notice any potential violation, inaccuracy, inappropriate or misleading information, or any content that, based on our sole discretion, needs to be revised, deleted or changed in any way or does not in line in any way with our Listing Terms;
- a potential Tenant who is interested in leasing a property can directly communicate with the Host, book a viewing of the property, and enter into a Lease Agreement (as defined below) through our platform;
- to lease a listed property, a potential Tenant shall submit an application form to the respective Host. Once the Host and the Tenant agree on the lease of the property (“Lease”), both the Host and the Tenant shall electronically agree to the lease terms contained in their respective lease agreement (“Lease Agreement”) by clicking “Confirm” button by the end of the Lease Agreement in Orento platform. Concurrently, the Tenant shall pay a certain amount agreed in the Lease Agreement as a first payment of the Lease and such amount shall be paid through Orento’s platform. In general, the first payment shall cover an agreed security deposit, the initial required rent payment, and Orento Fees. Further details on payment collection, distribution and payment to the Host shall be governed in the Lease Agreement and subject to our Payment Terms.
- when both the Host and the Tenant click “Confirm” button by the end of their Lease Agreement, Orento is entitled to the Orento Fees, and the Host and the Tenant hereby agree and authorise Orento to deduct such Orento Fees from the payment to be received from the Tenant through Orento platform;
- on the signing of the Lease Agreement, the Tenant must also pay a required security deposit through Orento’s platform. Orento may keep such security deposit in escrow until the end of Lease period, or release such deposit to the Host, in accordance with prevailing law and regulations where the property is located. Subject to the prevailing law and regulations where the property is located, the security deposit shall be returned to the Tenant by the end of lease period after deducted with any losses, damages or defects on the leased property that caused by their use during the Lease. Should the losses, damages or defects amount be higher than the security deposit, the Tenant shall pay the difference to the Host immediately by the end of Lease; and
- the Lease Agreement will be provided by Orento according to the standard lease agreement applied for all leases made in Orento platform in a jurisdiction where the property is located. The Lease Agreement is legal, valid and enforceable against the Host and the Tenant when both the Host and Tenant click “Confirm” button in the relevant Lease Agreement in Orento platform.
- We will strive our best to provide a reliable platform for all of our registered members. However, due to the nature of the digital world, Orento cannot guarantee the continuous and uninterrupted availability and accessibility of our platform. Orento may restrict the availability of our platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of our platform. Orento may improve, enhance and modify our platform and introduce new Services from time to time.
- The name “Orento” and other Orento marks, logos, designs, and phrases that we use in connection with our Services are our trademarks, service marks, or trade dress registered properly in accordance with prevailing law and regulations. They may not be used without our expressed prior written consent.
- You must be of the legal age and able to enter into legally binding contracts according to the prevailing law of your country of origin to register an account in our platform and to receive our Services. By accessing or using our platform, you represent and warrant that you have full legal capacity and authority to enter into a contract.
- If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms, Privacy Terms, Listing Terms and Payment Terms (as the case may be). Such account is owned and controlled by the business entity.
- We may, but have no obligation, to verify your identity and background. By using our Services, you agree to comply with our registration and listing requirements and complete our requested documents for each registration and listing of properties.
- You must provide accurate, current and complete information during the registration process and keep your Orento account information up-to-date at all times.
- You may not register more than one (1) account unless Orento authorises you to do so. You may not assign or otherwise transfer your account to another party.
- You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
3. Content and Ownership of Property
- You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our members, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. Orento takes no responsibility and assumes no liability for any content provided by you or any third party. Content that violates any of our policies and/or any prevailing law and regulation modified, obfuscated or deleted at our discretion;
- While we always try to verify reliable data, we do not provide any endorsement, certification or guarantee about (i) the existence, quality, safety, suitability, or legality of any property, (ii) the truth or accuracy of any property descriptions, ratings, reviews, or other content posted by the Host and/or Tenant, or (iii) the performance or conduct of any Host or Tenant. Orento does not endorse any Host or Tenant, including their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding to contract with any registered member in our platform;
- We do not own, create, lease, re-lease, sell, resell, provide, control, manage, offer, deliver, or supply any listed property. Any property, even though listed in our platform, remains owned and under the responsibility of the respective Host, and despite our role as an intermediary between the Host and the Tenant, the transaction to be made in Orento’s platform is a contract to be made directly between the Host and the Tenant. Orento is not and does not become a party in any contractual relationship related with the Lease.
- If you choose to use our platform as a Host, your relationship with Orento is limited to being an independent, third-party contractor, and not one of our employee, agent, joint venturer or partner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Orento. We do not transfer legal ownership of properties from the Host to the Tenant.
4. Release and Indemnity
- If you choose to use Orento platform and use our Services and Payment Services, you do so voluntarily and at your sole risk. Our Services are provided “as is”, without warranty of any kind, either expressed or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate our Services, these Terms, Privacy Terms, Listing Terms, Payment Terms, laws, rules, or regulations that may be applicable to you and that you are not relying upon any statement of law or fact made by Orento.
- If you have a dispute with one or more members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- You agree to release, defend, indemnify, and hold Orento and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of our platform or Services or Payment Services, or (iii) your breach of any laws, regulations or third party rights.
- We reserve the right to modify these Terms at any time in accordance with the provision herein;
- We will notify you when we make changes to these Terms and give you the opportunity to review before continuing to use our Services;
- We will also post the revised Terms in our website and update the last revision date at the top of these Terms;
- Your continued use of our Services, following notice of the amendment to these Terms, constitutes your acceptance of the amended Terms.
6. Governing Law and Language
- If your domicile is in Indonesia, these Terms shall be interpreted in accordance with the laws of the Republic of Indonesia, without regard to its conflict-of-law provisions;
- If your country of origin is Australia or any country other than Indonesia, these Terms shall be interpreted in accordance with the laws of England, without regard to its conflict-of-law provisions;
- Despite the governing law of these Terms, the Lease Agreement may choose a different governing law according to the location of the property.
- These Terms are made in English but can be translated to any language to comply with the prevailing laws and regulations. In that case, English version shall be the governing language despite translation into any other language. Should there is any inconsistency, the English version shall prevail and the relevant translation shall be deemed to be automatically amended to conform with and be consistent with the English version.
7. Dispute Resolution
- If there is any difference, dispute, conflict or controversy, arises out of or in connection with these Terms or their performance, including without limitation any question regarding its existence, validity, termination of rights or obligations of any party or for any wrongful or unlawful act (a “Dispute”), the parties will attempt for a period of thirty (30) days after the receipt by a party of a notice from the other party of the existence of the Dispute to settle the Dispute by amicable settlement between the parties.
- If the parties are unable to reach agreement to settle the Dispute within the thirty-day period mentioned above, then such Dispute shall exclusively be referred to and be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules (“Rules”) of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference into this Article. The seat of arbitration shall be in Singapore and the language of arbitration shall be English.
- No party will be entitled to commence or file any action in a court of law relating to any Dispute until the matter will have been determined by the Board of Arbitration as provided in this Article 8 and then only for the enforcement of the arbitration award.
8. General Provision
- Interpretation: Headings are for reference purposes only and do not limit the scope or extent of such Article;
- Entire Agreement: These Terms, Privacy Terms, Listing Terms, Payment Terms and all other policies posted through our Services constitute the entire agreement between Orento and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Orento and you regarding the Services;
- No Joint Venture: No joint venture, partnership, employment, or agency relationship exists between you or Orento as a result of these Terms or your use of the Services;
- Severability: If any term or provision hereof is invalid, illegal or incapable of being enforced by law or public policy, all other terms and provisions hereof shall nevertheless remain in full force and effect;
- No Waiver: Any failure from Orento to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law;
- Assignment: You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without our prior written consent. Orento may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice;
- No Third-Party Rights: These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties;
- Survival: Articles 7,8,9 will survive any termination of these Terms and will continue to apply even if you stop using the Services or terminate your Orento Account;
- Feedback: Should you have any question related to these Terms, please contact us. We also welcome and encourage you to provide feedback, comments and suggestions for improvements to our platform and Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you;
- Notice and Communication: Unless specified otherwise, any Feedback, notices or other communications permitted or required under these Terms, will be in writing and given by Orento via email, Orento platform notification or messaging service, or SMS;
You may contact Orento regarding the Services by using Orento platform messaging service or by using the information below:
If your country of origin is in Indonesia:
PT Orento Teknologi Indonesia
Rukan Gading Indah Blok E No.6,
Kelapa Gading, DKI Jakarta, 14240
If your country of origin is in Australia:
Orento Pty Ltd
ACN 627 005 467
1 Point Park Crescent
Docklands VIC 3008
These Terms are available at here. Orento will provide a copy of these Terms on request. If you have any questions about these Terms, please email us.