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Terms of Service

By 2019-09-14 No Comments

Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and MetroResidences (as defined below) governing your access to and use of the MetroResidences website, including any subdomains thereof, and any other websites through which MetroResidences makes the MetroResidences Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “MetroResidences Services”). The Site, Application and MetroResidences Services together are hereinafter collectively referred to as the “MetroResidences Platform”. Our Terms of Service, Payment Terms of Service, Privacy Policy and other Policies applicable to your use of the MetroResidences Platform are incorporated by reference into this Agreement.

When these Terms mention “MetroResidences,” “Company,” “we,” “us,” or “our,” it refers to the MetroResidences company you are contracting with.

 

  1. Scope of MetroResidences Services
    1. MetroResidences is an online platform for that enables users to book and stay at corporate apartments serviced by us. We also offer property owners, developers, property managers, and agents (“Property Owners”, collectively) to earn rental income from us by listing their apartments on our platform. The apartments listed on our platform by Property Owners are not owned by MetroResidences. We help them to rent out their unoccupied and unutilised apartments to our customer base of expats and business travellers. Users of our service (“Users” refer to “Guests”, who are people that reside in the apartment(s) listed on our platform, and “Decision Makers”, who book apartments on the behalf of Guests, such as but not limited to, human resources personnel, families, and key decision makers related to the Guests.) can book the listed apartments through the web platform for accommodation (“Accommodation(s)” are listed properties that guest have booked and reside in).
    2. While we may help facilitate the resolution of disputes, MetroResidences does not allow the Property Owners to specifically communicate with Guests originating from MetroResidences’ marketing activities.
    3. If you choose to use the MetroResidences listing platform for your apartment, you allow the Company to market the Property(ies) based on the agreed Rental Fee and to market the Property(ies) for a fee based on a percentage of the Rental Fee (” Marketing Fees“).
  2. Eligibility, using the MetroResidences Platform, member verification
    1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the MetroResidences Platform or register for a MetroResidences Account. By accessing or using the MetroResidences Platform you represent and warrant that you are 18 years old or older and have the legal capacity and authority to enter into a contract.
    2. MetroResidences may make the access to and use of the Guest Dashboard, or certain areas or features of the MetroResidences Platform, subject to certain conditions or requirements. These areas could be, but are not limited to, completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or booking and cancellation history.
    3. User verification on the Internet is difficult and not completely accurate, so we do not assume any responsibility for the confirmation of any Member’s identity (“Member(s)” refer to Guests or Property Owners registered on the MetroResidences Platform). Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to aid with the verification process of the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, where we have sufficient information to identify a Member, (iii) obtain reports from public records of criminal convictions, gang members or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
  3. Account Registration
    1. Property Owners must register an account (“MetroResidences Account“) to view certain features of the MetroResidences Platform, such as the Asset Owner Dashboard, to accept or reject booking(s), publish or hide listing(s), edit listing rentals but limited to certain contracts, apply for promotions, and set-up gap management in calendars.
      Guests can register an account (“MetroResidences Account”) to access and use certain features of the MetroResidences Platform, such as the Guest Dashboard, to submit relevant documents required to make a booking, view their saved wishlist, current bookings and history, and make payments. Guests can still use and access the MetroResidences Platform without registering, but are limited to certain features.
    2. You can register a MetroResidences Account using a valid email address and creating a password.
    3. You may not register for more than one (1) MetroResidences Account unless MetroResidences authorises you to do so.
    4. You are responsible for upholding the confidentiality and security of your MetroResidences Account credentials (both your email address and password for the account) and may not disclose your credentials to any third party. You must immediately notify MetroResidences 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 unauthorised use of your MetroResidences Account. You are liable for any and all activities conducted through your MetroResidences Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
  4. Content
    1. Not all photographs are taken by MetroResidences. However, owner grant MetroResidences the image rights to use their photos listed on our platform for any marketing purposes. Also, should here be any photo used for marketing purposes while the property is an active listing but owner unpublish their listing, owner cannot sue us as it used when their property was an active listing. The virtual walk-through feature is also available on several listings, allowing you to conduct your viewing regardless of location. Otherwise, viewings can also be scheduled with the sales team.
    2. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MetroResidences Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MetroResidences or its licensors, except for the licenses and rights expressly granted in these Terms.
    3. MetroResidences respects copyright law and expects its Members to do the same. If you believe that any content on the MetroResidences Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
  5. General terms for Suppliers
    1. Marketing Platform: The Supplier appoints the Company to use the Site as a marketing platform to provide the services stated in Section 1.6.2.
    2. Exclusive Marketing Rights and Availability (n/a for Operators): The Company will have exclusive marketing rights and full calendar availability to the Property(ies) within the Agreement Duration and the OMT agrees not to use, lease out, assign or permit a third party to stay or market the Property(ies).
    3. Rental Payout: The Company will transfer the rental payout to the OMT within 5 business days from the Guest’s check-in date. Where the monthly payment is recurring, the Company will process payment at the start of each billing cycle.
    4. Absorption of monthly Utility Bill: The OMT(Owner Master Tenant) agrees to bear the monthly utility bill for electricity and water usage. The OMT agrees to the utility bill limit and is aware of the different utility bill limits for the different types of property.
    5. Late Rental Payments by Guest: It is the responsibility of the Company to notify the OMT immediately should the Guest be late in rental payment and advise on an alternate date for such payout(s).
    6. Collection of Security Deposit from Guest (N/A for Operators): The Company will collect and hold the Security Deposit on behalf of the OMT .
    7. Booking Refund to Guest due to Serious Maintenance Fault: In the event of a serious maintenance failure with respect to the structural elements, fixtures, plumbing, piping, air conditioning, or white goods, the Company shall have the right to make the final decision on whether refunds should be made to the Guest. In such cases, the OMT shall be obligated to refund the booking amount to the Company.
    8. Non-Discriminatory Selection of Guest: MetroResidences has launched a concerted effort to fight bias and discrimination. The OMT agrees to treat all Guests, regardless of race, language, religion, nationality, ethnicity, disability, and sex, with respect, and without judgement or bias. MetroResidences has the right to terminate this Agreement should it find that The OMT has displayed bias and/or discrimination towards any prospective or existing Guests.
  6. General occupation terms for Guests
    1. The Guest shall not allow more than the Max Pax to stay in the Unit for overnight stay. The Guest agrees that no illegal activities, in accordance to the laws of the country that MetroResidences Platform is utilised in, will be conducted on the premises.
    2. Assignment of Alternative Unit before Move-In: The Company reserves the right to re-assign an alternative premise other than the one selected by the Guest before the move-in date, under advice to the Guest. The Guest has the right to accept or decline the alternative premise. If the Guest declines the alternative property, full refund of the pre-payment will be made by the Company and the Guest shall have no further claim on the Company.
    3. Move-in and Move-out Timing: Standard move-in timing will depends from owner to owner. Additional fees may apply for early move-ins and late move-out. Move-in’s between the hours of 9pm – 9am may incur an additional $100 fee, this amount will be deducted from your security deposit.
    4. Valid Documents: All occupants must provide electronic or paper copies of their passport(s) (picture page and custom stamp page) and Work Pass(es) before or within 24-hours of checking into the premises.
    5. Standard Number of Keys: The following minimum number of key(s) will be provided;
      • 1 Bedroom: 1 Set
      • 2 Bedrooms: 2 Sets
      • 3 Bedrooms: 3 Sets
    6. Access to the apartment: The Company reserves the right to access the premises for viewings or inspection within 1 month prior to the Move Out Date by giving the Tenant a 1-day notification. The tenant shall not unreasonably withhold such requests from the Company. From time to time, the Company may request for permission to enter the apartment to perform maintenance actions.
    7. Pets: Pets are not allowed to enter the premises unless special arrangements with the Company have been made prior to the move in date.
    8. Non Liability: The Company shall not be responsible nor liable for any loss of property(ies) belonging to the Guest or any claims for personal injuries or death resulting from the occupation of the premises.
    9. 24-hour Guarantee: Within 24 hours of move-in, the Tenant reserves the right to cancel their bookings due to one or a combination of the following reasons: 1) The website photos show a different unit layout, or 2) The website description inaccurately describes the home and location. All requests for cancellation must be submitted via email, and substantiated by photos. This clause is not applicable if the Tenant has viewed the unit before booking or if the sales representative or the listing indicated the photos shows a “reference unit”.
    10. Minimum Cleanliness and Electricity Conservation Standards: The Company reserves the right to impose an additional fee whereby minimum standards are not maintained in the following areas during and at the end of the stay:
      1. Lights and air-conditioners turned on when vacant
      2. Unwashed dishes
      3. Greasy kitchen area (oven, kitchen hood, stove)
      4. Soiled or soaked carpet(s), floor, rugs or bathroom mats
      5. Soiled, stained or soaked beddings, linens and towels
      6. Excessive obstruction of personal belongings within the apartment and corridors
    11. Handover in good condition: The Guest is to handover the Unit and its fixtures in good condition on the check-out day. For the full security deposit to be returned:
      1. Only registered guests are allowed in apartment for overnight stay.
      2. No damaged or missing items. (Cost of damage to furniture and fixtures will be assessed by 3rd parties for either repair or replacement)
      3. No damaged or missing keys or cards. (Transport, replacement and locksmith costs will apply for loss)
      4. No smoking in the apartment.
      5. No excessive noise and nuisance to the neighbors.
      6. No overloading of washer and dryer.
      7. Conducted basic cleaning before check out.
      8. Removed trash and unconsumed food items from apartment.
      9. Switched off air conditioning and lights upon check out.
      10. Check-out by 12 noon, unless late checked out agreed by the Company.
  7. Booking Modifications, Cancellations and Refunds
    1. For Singapore properties: Agreement is in effect for 6 months starting from the Move-in Date. Should the Guest terminate this Agreement prior to the move-out date, he will need to provide the Company with an advance notice of 30 days in writing and pursuant to which he will be eligible for the return of his Security Deposit.
    2. For Japan properties: (i) The agreement expires at the end of the agreement period as specified above and shall not be renewed. However, the lessor and the Tenant can agree and conclude a new lease contract (hereafter called the “Renewed Contract”) starting from the day following the expiration of the original contract. (ii) Should the Tenant terminate this Agreement prior to the move-out date, he will need to provide the lessor with an advance notice of 30 days in writing.
    3. Premature Termination of Lease:
      1. Singapore: The deposit or an amount equivalent to 1-month rental, whichever is greater, may be forfeited due to the early termination of lease.
      2. Japan:
        1. The Tenant can cancel the Contract by giving at least 30 days’ notice to the lessor by written or e-mail to [email protected].
        2. The Tenant may move out earlier by paying 30 days’ worth of rent after notifying the lessor of the cancellation of the Contract.
    4. Cancellation of Booking: In the case of cancellation of bookings prior to the move-in date by the Tenant, 1 month of rent fee made may be forfeited by the lessor.
    5. Refund: The Deposit minus the cost of damages (if any) and excess electricity consumption will be returned to the Tenant within one month after the Move Out Date. The tenant is to provide the Company with the recipient account details for the prompt processing of the refund.
    6. Transfer fees: Remittance fees and foreign exchange costs will be borne by the tenant.
    7. Authorization to Charge Card: The Company retains the right to charge the credit card on file for damages incurred to the apartment or due to premature termination of lease. This is above and on top of any deposit monies paid to the Company.
  8. Housekeeping and Maintenance
    1. Reasonable response time for maintenance: Our maintenance teams will be deployed within 2 business days from the time our Company receives feedback from Tenant. Maintenance fixes will be done on a best-effort-basis. Where the issues are unable to be resolved within a 1-week time frame, replacement appliances will be provided as an interim solution.
    2. Housekeeping Schedule: Where regular housekeeping service is bundled with the rental agreement, the fixed weekly schedule shall be pre-arranged during the first week of stay. Thereafter, the tenant agrees to vacate the apartment during the housekeeping timings. Should the housekeeper be unable to enter the main door, the room door(s), or the bathroom(s) at the appointed time, the housekeeper may only be able to perform a partial cleaning of the unit. Our Company will not be able to reschedule the housekeeping or issue refunds.
  9. Damage to Accomodations, Disputes between members
    1. As a Guest, you are responsible for leaving the Accommodation (including any personal or other property(ies) or items located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
    2. If the company claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property(ies) or items at the apartment (” Damage Claim“), the company can seek payment from you through the security deposit.
  10. Rounding off, currency conversion
    1. MetroResidences may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Property Owners to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest currency, depending on the country of which MetroResidences Platform is utilised in.); for example, MetroResidences will round up an amount of $151.50 to $152.00, and round down an amount of $151.49 to $151.00.
  11. Illegal activities and not associated to any gang members
    1. You should not commit any sort of activities that are against the law, including but not limited to physical or sexual assault, sexual abuse, sexual harassment, domestic violence, robbery, human trafficking, other acts of violence, or hold anyone against their will. Members of dangerous organisations, including terrorist, organised criminal, and violent racist groups, are not welcome to use the MetroResidences Platform.We take suicide, any form of self-harm, eating disorders, and drug abuse very seriously. We will work to help people in such crisis(es).
    2. You should not convey an intent to harm anyone with your words or physical actions. We also take threats of self-harm or intention to harm as seriously as we do actions and so this means that we will intervene if we become aware of a threat or intention to harm.
    3. You should not keep unsecured weapons, illegal substances, disease risks, or dangerous animals in your listing, nor should you create conditions that increase the likelihood of a fire or impede escape in the event of emergency.
  12. Terms and Termination, suspension and other measures
    1. In the event of any serious breaches of agreements such as Payment Terms, our Policies or the laws of the country by the Tenant, the Company reserves the right to terminate the rental agreement with immediate effect and confiscate the security deposit.
  13. Disclaimers
    1. When you use the MetroResidences Platform and our Collective Content, you do so voluntarily, and at your own risk. The MetroResidences Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.You agree that you have had whatever opportunity you deem necessary to investigate the MetroResidences Services, laws, rules, or regulations that may be applicable to your property(ies) and/or MetroResidences Services you are receiving and that you are not relying upon any statement of law or fact made by MetroResidences relating to a Listing.If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
  14. Feedback
    1. We encourage you to leave us feedback, comments and suggestions for improvements to the MetroResidences Platform (“ Feedback“). You may submit Feedback by emailing us, through the Contact Us section of the MetroResidences Platform, or by other means of communication. 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.
  15. Applicable Law and Jurisdiction
    1. When you are residing in a Property, these Terms will be interpreted in accordance with the laws of the country that the Accommodation is in, without regard to conflict-of-law provisions
  16. General Provisions
    1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between MetroResidences and the Guest pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between MetroResidences and you in relation to the access to and use of the MetroResidences Platform.
  17. Payment Terms of Service
    1. MetroResidences Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the MetroResidences Platform (“Payment Services”).
    2. MetroResidences Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. MetroResidences Payments may also improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
    3. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. MetroResidences Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MetroResidences Payments of such Third-Party Services.
    4. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms of use applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
    5. MetroResidences accepts payments through Bank Transfer.

Questions?

If you have questions, please contact our Team MetroResidences, by emailing us at [email protected].