- Instahome is referred to interchangably as "Instahome" or the "Platform"
- Any user publishing a listing on the platform with the intention to let a Property is referred to as a "Supplier".
- Any user desirous of renting a Property with the intention to rent a home is referred to as a "Tenant".
- The Property involved in the transaction of renting is referred to as the "Property". One Supplier may have multiple Properties.
1.1 Welcome to Instahome's platform (the "Site"). Please read the following Terms of Service carefully before using this Site or singing up for an account ("Account"), or signing an Agreement on the Platform, so that you are aware of your legal rights and obligations with respect to Instahome Sdn. Bhd. and its affiliates and subsidiaries (individually and collectively, "Instahome", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Instahome, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Instahome.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the person desirous of renting a property (“Tenant”) and the person desirous of letting a property (“Agent, Landlord, Supplier”) (collectively “you”, “Users” or “Parties”). Instahome Sdn Bhd acts as a Software-As-A-Service Provider (SAAS) to provide a marketplace, facilitating the advertising of Properties. Instahome cannot ensure that Users will actually complete a transaction or guarantee any default, losses or damages occurring between the Parties during the Tenancy Period, for which Instahome does not logically or reasonably has control over, unless expressly stated and contracted in writing that such a Guarantee is provided.
1.4 Instahome reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Instahome may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Instahome may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Instahome reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason, or to restrict the access and remove the access to Users that Instahome has deemed as dangerous, manipulative, fraudulent or suspicious behavior.
BY USING INSTAHOME'S SERVICES (INCLUDING THE SIGNING OF AGREEMENTS ON THE PLATFORM, INCLUDING ENGAGING ANY SERVICES PERFORMED ONLINE OR OFFLINE) OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. ACCOUNTS AND SECURITY
2.2 Upon creating an acconut or receiving an account with a temporary password from the Instahome team, you agree to (a) keep your password confidential, and to reset your password where required (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Instahome of any unauthorised use of your Account and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Instahome will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
2.3 You agree that Instahome may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the Site any Content associated with your Account and cancel any transactions associated with your Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Instahome deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) advertising fake properties, (f) advertising properties without authorisation of the rightful owner, or (g) behaviour that is harmful to other Users, third parties, or the business interests of Instahome. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Instahome may terminate your Account immediately with or without notice.
3.1 The Supplier hereby represents, undertakes, covenants and warrants that they are the property owner or have obtained the express and irrevocable authorization from the relevant property owner(s) to refer and list the Referred Property for rent on the Platform in accordance with the terms and conditions of the Platform (which may be updated from time to time).
3.2 The Supplier undertakes, represents, covenants and warrants that the information submitted to Instahome regarding the Referred Property listings are true, accurate and not misleading at all times and that the Property is as advertised via the virtual tour, videos and photos.
3.3 The Supplier and the Tenant hereby acknowledges and agrees that the Instahome has entered into this Agreement in reliance on the Supplier's representations, warranties, covenants and undertakings contained herein and therefore, the Parties shall treat the representations, warranties, covenants and undertakings as conditions of this Agreement. Any reliance on the Supplier that revealed itself to be wrongful or negligent, falls back to the duty of disclosure by the Supplier.
3.4 The Supplier and the Tenant agrees not to contact each other to perform the transaction off the Platform, otherwise known as "undercutting" the Platform, without Instahome’s express consent in writing.
3.5 The Supplier and the Tenant agrees not to defraud, mislead or commit any action to gain the benefits provided by Instahome.
3.6 The Supplier and the Tenant hereby expressly and irrevocably undertakes, represents, covenants and warrants to defend, indemnify and keep Instahome and its Affiliates and their employees, directors and representatives fully indemnified and hold Instahome and its Affiliates and their employees, directors and representatives harmless from and against any and all liens, damages, losses, liabilities, obligations, penalties, fines, fees, claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or nature (including third party claims, attorney’s fees, consultants’ fees, experts' fees and other costs of litigation) arising out of, or related to:
- any actual or alleged breach of the Supplier's undertakings, representations, warranties, or obligations set forth; any incorrect, misleading, or erroneous information provided to Instahome or any third party in connection with the listings of the Referred Property;
- losses or damages (including but not limited to any fair, wear and tear) to the Referred Property (whether the keys are in the possession of Instahome or otherwise), unless the same is due to any omission, willful default and/or negligence on the part of Instahome.
3.7 In the event that a real estate agent/negotiator/property manager (“Agent”) has been engaged by the Supplier to list the Property and/or to handle the issues relating to the Property, the Supplier hereby expressly and irrevocably authorize Instahome to withhold a sum equivalent to one-month’s Rent from the Security Deposit being payment of the Agent’s commission (“Commission”) for to the Agent such Commission upon execution the Parties’ execution of this Agreement.
3.8 For the avoidance of doubt, Instahome merely acts as the Platform to provide the Services and shall not be held liable to the Landlord for the quality of services provided by the Agent.
Users expressly and irrevocably undertakes, represents, covenants and warrants to defend, indemnify and keep Instahome and its Affiliates and their employees, directors and representatives fully indemnified and hold Instahome and its Affiliates and their employees, directors and representatives harmless from and against any and all liens, damages, losses, liabilities, obligations, penalties, fines, fees, claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or nature (including third party claims, attorney’s fees, consultants’ fees, experts' fees and other costs of litigation) arising out of, or related to:
- any incorrect, misleading, or erroneous information provided to Instahome or any third party, including the Supplier, in connection with the listings;
- losses or damages to the Property, fixtures, fittings and assets caused by the Tenant and/or the Supplier, whether by action or omission;
- failure to perform maintenance on a timely basis by the Tenant and/or the Landlord;
- failure for the Tenant to make Rent payment;
- should this Agreement be void as a result of the Landlord or Agent not possessing the requisite titles or ownership to Rent out the Property;
- the eviction of the Tenant.
Nothing in this section prevents Instahome from bringing a claim against the Supplier and/or the Tenant.
5. ENGAGING INDEPENDENT CONTRACTORS/ VENDORS THROUGH THE PLATFORM
5.2 Notwithstanding the aforesaid, this Agreement does not bind the Supplier to compulsorily engage the vendors listed on the Platform and the Landlord has the discretion on the engagement of any such vendors or contractors
5.3 Instahome bears no responsibility for the timeline for delivery of any maintenance services and the quality thereof besides ensuring that communication to the Supplier or the Tenant, where relevant, is put through and provided in writing. For the avoidance of doubt, Instahome does not bear any responsibility or shall in any manners whatsoever be liable for any damages caused by or arising from the delay or non-performance of maintenance services required from the Tenant and/or the Supplier. The engagement of any maintenance services via the Platform does not absolve the Supplier and/or the Tenant, as the case may be, of their respective obligations hereunder in this Agreement.
In the event that any maintenance contractors/vendors are engaged via the Platform, the Supplier may opt for Instahome to advance payment of the maintenance charges incurred for the Property, and Instahome is then authorised to deduct such maintenance charges off the Rent for the subsequent month following the engagement.
6. PLATFORM ADVERTISING FEE, PLATFORM SERVICE FEE, RENTAL ON TIME GUARANTEE (ROTG) and RENTAL DEFAULT GUARANTEE (RDG)
6.1 The Supplier hereby agree to allow a sum agreed between the Supplier and Instahome to be deducted by Instahome from the Tenant’s payment of all monies (including the monthly Rent) as a Platform Advertising Fee for the Services provided by Instahome.
6.2 Where applicable, the monthly rental will be disbursed to the Landlord on the fourteenth (14th) day of the calendar month for which the tenancy period is active, unless otherwise notified by Instahome.
6.3 Additional charges equivalent to the Late Payment Penalty shall be retained by and paid to Instahome in the event that Instahome is required to perform any extra scope of services. In this respect, the Landlord expressly and irrevocably authorize Instahome to do all acts and things as may be deemed fit and appropriate to recover the outstanding Rent and the aforesaid Late Payment Penalty from the Tenant and the same shall be deemed to be a debt due from the Tenant to Instahome and is recoverable by action.
6.4 If the Supplier has subscribed to the RENTAL ON TIME GUARANTEE or the RENTAL DEFAULT GUARANTEE in exchange for a PLATFORM SERVICE FEE, Instahome's payment gateway will disburse the Rent less the charges advanced by Instahome (which shall be borne by the Landlord pursuant to this Agreement) (if any), unless this Agreement is terminated by any Party.
6.5 Rental On Time Guarantee (OTG) - Rental will be disbursed by Instahome's payment gateway to the Landlord on the fourteenth (14th) day of the calendar month for which the tenancy period is active, unless otherwise notified by Instahome.
6.6 Rental Default Guarantee (RDG) - In the event that the Tenant fails, omits or neglects to pay the Rent on the Rent Due Date, Instahome undertakes to reimburse the Landlord a sum equivalent to one-month’s Rent (“Rental Default Guarantee” or “RDG”) and Instahome may kickstart the termination procedure to terminate this Agreement.
6.7 The Rental Default Guarantee or RDG is only applicable and exercisable by the Landlord ONCE only if the Tenant defaults and fails to pay his Rent on the Rent Due Date and not for any other events of default by the Tenant.
6.8 If the Termination was initiated by Instahome in the same month after the Rental On Time Guarantee (OTG) has been transferred to the Landlord, the Rental On Time guarantee (OTG) paid will be considered as the Rental Default Guarantee (RDG). For the avoidance of doubt, in this scenario, no further Rental Default Guarantee (RDG) needs to be paid in the following month.