You must read these terms along with our Personal Information Collection Statement and Privacy Policy and any other terms we may provide to you.
You agree to these legal terms by using the RentSmart Rental Payment Platform on your device.
1. The RentSmart Rental Payment Platform
(a) The RentSmart Rental Payment Platform is for your personal use and provides you with access to our products and services. Those products and services are available at our discretion and subject to separate legal terms we will provide to you.
(b) We are a rental service provider in Hong Kong, and only provide products and services via the RentSmart Rental Payment Platform to persons who reside in Hong Kong. We do not intend to distribute them to any persons, or for the RentSmart Rental Payment Platform to be used, in any country where it would breach Hong Kong law or any local law or regulations.
(c) The RentSmart App is available to download for free from the App Store on one device owned by you which runs Apple’s iOS or Google’s Android operating system.
(d) You’ll need an active internet connection to download and use the RentSmart Rental Payment Platform.
(e) You’re responsible for any fees charged by your internet or mobile service provider relating to your use of the RentSmart Rental Payment Platform. If you’re going overseas, you should check if your service provider will charge you any additional fees for using the RentSmart Rental Payment Platform overseas.
(f) We may use your mobile phone number and/or email address you registered with us to send you SMS codes and any information relevant to your use of or access to the RentSmart Rental Payment Platform.
2. Registering a device
(a) Your device will be registered with us as soon as you download the RentSmart app, even if you have not accepted our terms and conditions and we have not yet approved the products or services you are applying for.
(b) You can log in to the RentSmart app on your device by providing your passcode or using any biometric authentication method provided by your device provider (if activated on the RentSmart app), which we will use to verify your identity (along with any other relevant information or documents you provide us).
(c) You can change your login settings or passcode at any time while signed in to the RentSmart app.
(d) If you change your device, you will have to re-register your new device and your old device will be automatically de-registered. [Check with Developer is this the case]
3. Protecting your device and the RentSmart account
To keep your device and the RentSmart account secure, you must:
(a) use a passcode, biometric authentication method or other method provided by your device provider to access your device;
(b) ensure only your biometrics are registered on the device;
(c) not choose a RentSmart account passcode that contains numbers associated with you (such as your date of birth, telephone number or vehicle number plate) or the PINs for accessing other services (such as your wifi or email accounts);
(d) not use face ID to access the RentSmart app if it may not be a secure or reliable way to authenticate your identity (eg. if you have an identical twin sibling);
(e) not share your RentSmart account passcode with any person, or write it down on your device or on anything usually kept with or near it. Any other person who uses your RentSmart app passcode to access the RentSmart app on your device will be able to act on your behalf and you will be responsible for anything they do;
(f) change your device and RentSmart account passcodes regularly to prevent any unauthorised access to your device and the RentSmart account;
(g) keep the device safe, secure and in your own custody. In particular, do not leave your device unattended while you are logged in to the RentSmart account; and
(h) delete the RentSmart app before you sell, recycle, discard or permanently give your device away.
You should let us know if you find or believe that:
(a) any other person knows your RentSmart account passcode or has managed to unlawfully access your RentSmart account;
(b) your device has been compromised, lost or stolen; or
(c) unauthorised transactions have been conducted over your account.
You will be liable for all losses if you have acted fraudulently, with gross negligence or have failed to inform us as soon as reasonably practicable after you find or believe that your RentSmart app passcode or device for accessing the RentSmart app has been compromised, lost or stolen, or that unauthorised transactions have been conducted over your account, including if you have failed to follow the safeguards and or meet your obligations set out in this clause 3 and your failure has caused the loss.
For additional security, we recommend:
(a) protecting your device from malware by being wary of suspicious emails and hyperlinks and downloading only known or trusted software, setting strong passwords and keeping the operating system and software of your device up-to-date; and
(b) enabling or installing remote wipe functionality (ie. the ability to send a command to your device that will completely remove all the data stored on the device) on your device in case it is lost or stolen.
4. RentSmart app updates
(a) We may update the RentSmart app from time to time, including by making enhancements, adding new features or carrying out security updates.
(b) Sometimes we may require you to update the RentSmart app before you continue using it.
(c) You should:
(i) keep the operating system of your device up to date. We will notify you in advance before we stop supporting a version of an operating system and remind you to update your device’s operating system; and
(ii) keep the RentSmart app up to date. Otherwise, certain features of the RentSmart app might not work as intended. If you can, we recommend turning on automatic app updates in your device settings.
5. RentSmart Rental Payment Platform availability
(a) The RentSmart Rental Payment Platform may be temporarily unavailable when we’re conducting essential maintenance or system upgrades. We’ll let you know when we plan to do so and for how long the RentSmart app will be unavailable (if at all).
(b) The availability of the RentSmart Rental Payment Platform is dependent on the reliability and availability of third party service providers including software, network and other service providers that enable your access to the RentSmart Rental Payment Platform.
(c) If any third party service is required for your use of the RentSmart Rental Payment Platform, you will comply with the terms of use applicable to that third party. For example, the RentSmart Rental Payment Platform uses Google Maps features and content and your use of such Google Maps features and content in the RentSmart Rental Payment Platform is subject to the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Google Privacy Policy at https://www.google.com/policies/privacy/).
(d) RentSmart is not a party to any contractual arrangements entered into between you and a third party unless RentSmart expressly specifies or agrees otherwise.
6. Hyperlinks
(a) The RentSmart Rental Payment Platform may contain hyperlinks to third party websites or mobile applications.
(b) The hyperlinks are for information purposes and are for your convenience only, RentSmart does not maintain or control any third party website or mobile application hyperlinked on the RentSmart Rental Payment Platform and is not responsible for them.
(c) You access and use of any third party website or mobile application at your own risk and subject to the terms of that third party website or mobile application.
7. Third party contributions
(a) The RentSmart Rental Payment Platform may contain materials and other contributions from third parties (including merchants and individuals).
(b) The display of any materials and other contributions from a third party on the RentSmart Rental Payment Platform do not:
(i) constitute an endorsement by RentSmart of such materials and contributions (including any opinions expressed by the third party) – any opinions expressed by the third party are those of the third party and do not necessarily reflect the opinions of RentSmart; or
(ii) assert or imply RentSmart’s endorsement, recommendation, favouring, investigation, verification or monitoring of the third party or their products or services.
(c) Please also note that all offers, products, services, presentations, classes, events or other related activities provided by a third party are subject to the Disclaimer on the RentSmart Rental Payment Platformand our website.
8. Using the RentSmart Rental Payment Platform responsibly
(a) The RentSmart Rental Payment Platform belongs to us and you must only use it for the purposes set out in these terms.
(b) All content on the RentSmart Rental Payment Platform is the responsibility of the person from whom it originated. This means that you, and not us, are entirely responsible for all content that you upload or otherwise make available via the RentSmart Rental Payment Platform.
(c) You must only install applications from the App Store or Google Play on your device on which you install the RentSmart app and not override the device’s operating system, eg. by “jailbreaking” or “rooting” the device.
(d) You must not install or launch the RentSmart app or digital wallet if your device contains any pirated, hacked, fake or unauthorised applications.
(e) You must not act fraudulently or maliciously in relation to the RentSmart Rental Payment Platform or its features, including by reselling, copying, modifying, adversely effecting, reverse engineering or tampering with the RentSmart Rental Payment Platform in any way, or assist anyone else to do any of these things, unless you have been authorised to do so.
(f) You must not use the RentSmart Rental Payment Platform in any unlawful manner or in contravention of any agreement with us.
(g) Any information or document transmitted through the RentSmart Rental Payment Platform is subject to risks of delay, loss, diversion, alteration, corruption and other risks associated with hardware and software failure.
9. Making payments on the RentSmart Rental Payment Platform
(a) RentSmart enables you to pay rent or any rental related payments using your existing credit or debit cards by making a payment to any bank account of the respective landlord or service provider, generically referred as the recipient.
(b) You can submit a RentSmart payment request (a “Payment Request”) for immediate or future processing via the RentSmart Rental Payment Platform, we will require certain information from you in order to understand and process the requested transaction. The required information may vary and is indicated on the RentSmart Rental Payment Platform.
(c) For each Payment Request you submit, you represent and warrant that the information you provided is correct, accurate, sufficient, and valid, and you irrevocably instruct and authorize RentSmart to process and complete the payment. You also acknowledge and agree that you are solely responsible for:
– amending and/or cancelling any Payment Request that you have setup but for which any details had since become obsolete or inaccurate;
– selecting another payment method if the expiry date of the initial payment method is after the day on which we will be processing the charge; and
– ensuring that, as at both the date of submission and the expected payment date, the recipient information, recipient bank account details and payment amount is correct.
RentSmart will not be responsible for any mistaken or erroneous Payment Request.
(d) If you have provided incorrect information, you should notify RentSmart without delay. We may, in our discretion, use reasonable efforts to recover the funds for you and charge you a handling fee. However, in the event that we are unable to retrieve the incorrectly processed funds, you agree that RentSmart will not be liable to reimburse any amount.
(e) At any time after the submission of a Payment Request, your Payment Request may be subject to review and additional data requests. During this review process and for any reason, RentSmart may place a temporary hold on the delivery of your Payment Request, and may request more information from you including but not limited to verification of your identity, an associated tenancy agreement, or other contractual documentary proof or evidence of your relationship with the recipient. You understand that our ability to efficiently and effectively conduct a review for your Payment Request is reliant upon your cooperation and acknowledge that we are entitled to hold any related funds until you pass our review.
(f) If we are unable to get in touch with you or you have not satisfied our data request within 7 days, the Payment Request may be refunded to you after deduction of any handling fees.
(g) Your Payment Instruction is completed when your payment method is charged, any reviews have been completed and funds delivered to the recipient. It will take up to 3 business days for the funds to be dispatched to your recipient’s bank account. However, the transfer may fail for or affected by a number of reasons for example invalid account number, incorrect bank name, improper/incomplete documentation, additional processing time from payment processor and/or your recipient’s bank etc.
(h) We recommend that you do not make payment on your RentSmart account with a credit card issued to another person. If you do make a payment with a credit card issued to another person on RentSmart, this means you have obtain the legal and proper authorization from that said cardholder and that you confirm and declare to RentSmart that the transaction(s) you made / about to make are in accordance with the said authorization sought. You also agree and authorize RentSmart to provide and disclose to the said cardholder any information or records pertaining to that/those transactions.
(i) You also warrant that you will not hold us responsible for any loss due to the delay of delivery of your payment.
10. Switching on certain functions on your device
On the device you install the RentSmart app on, we may ask you to switch on certain functions, such as the camera function and location services, and to share your contacts list with us. This will allow you to enjoy certain functions on the RentSmart Rental Payment Platform. If you agree to turn on these functions, we may for example, track your geolocation and IP address when you make transactions.
11. If you suffer any loss
We will not be responsible for any loss you suffer from any use of or access to the RentSmart Rental Payment Platform, or as a consequence of:
(a) not being able to use or access the RentSmart Rental Payment Platformor any services within the RentSmart Rental Payment Platform, unless your loss is caused by our negligence, fraud or wilful default;
(b) issues with your device or network connection;
(c) access or use of the RentSmart Rental Payment Platformby any other person who uses your passcode to access the RentSmart app on your device;
(d) any information, goods or services provided via a third party website or mobile application which the RentSmart Rental Payment Platform provides a hyperlink to;
(e) any third party’s fraudulent or negligent actions; or
(f) you not complying with your obligations under these terms.
If any law requires us to be responsible for any of your loss, we will be responsible only to the extent of re-supplying the services via the RentSmart Rental Payment Platform or the cost of re-supplying those services.
12. If we suffer any loss
You will indemnify, hold harmless and defend us against any liabilities and costs suffered by us as a result of:
(a) use of the RentSmart Rental Payment Platform; or
(b) breach of these terms,
by you or any other person (where such person was able to use the RentSmart Rental Payment Platformusing your logon credentials).
13. Suspending or cancelling access
We may suspend or cancel your access to the RentSmart Rental Payment Platform at our sole discretion, for example:
(a) to protect our business;
(b) to protect you or us from fraud or other loss;
(c) if you have not used the RentSmart Rental Payment Platform in accordance with these terms; or
(d) where we have reasonable grounds to believe that your use of the RentSmart Rental Payment Platform breaches the laws or regulations of Hong Kong or any other country.
If we do suspend or cancel your access, we’ll usually give you advance notice with reasons for our decision. However, we’re not required to give you any such notice or reasons.
14. We own all intellectual property
(a) All rights (such as copyright) in relation to the contents (such as trademarks, text, graphics, images, links and sounds) on the RentSmart Rental Payment Platform are owned by or licensed to RentSmart Rental Services Limited or one of its subsidiaries. Unless we have said otherwise, the contents of the RentSmart Rental Payment Platform may not be copied, modified, downloaded, distributed, published, reused, reposted, reverse engineered, decompiled or made any use of in any way without our prior written consent.
(b) “RentSmart”, “Live Smart Rent Smart”, “新生活 新智慧”, the “RentSmart Logo” and all associated logos (“Trade Marks”) are pending or registered trade marks of RentSmart Rental Services Limited. You may not use the Trade Marks without prior written consent from us.
(c) You grant to RentSmart Rental Services Limited and our controlling entities a worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and licence to use any information or materials which you submit to RentSmart using the RentSmart Rental Payment Platform for any purpose we deem appropriate, including, without limitation, the copying, modification, transmission, distribution and publication thereof, unless restricted by applicable law. You warrant and will ensure that any such information or material you submit to RentSmart does not infringe the rights of any third party.
(d) RentSmart is not under any obligation of confidentiality to you regarding any such information or materials submitted to us while using the RentSmart Rental Payment Platform , unless required by law.
Last updated: 11 September 2024
