These Terms of Service are effective on September 20, 2021 for all customers agreeing to the Terms of Service for the first time. If you have previously agreed to a version of our Terms and Conditions before September 20, 2021 please note that these Terms of Service will be effective on September 20, 2021 and completely replace the prior version available here. Please be aware that by continuing to use our services as of September 20, 2021 you are accepting these updated Terms of Service. If you have a separate written agreement with Solutions Carousel Pte. Ltd. (“Rentify”), then these Terms and Conditions with the amendments apply only in parts in which the previous version of Terms and Conditions applied in the aforementioned agreement.

These Terms and Conditions (“Agreement”) govern the use of the Rentify services (“Rentify Services”) as provided by Rentify to the customer organization or company hereby taking Rentify Services to use (“Customer”), unless not explicitly otherwise agreed by the Parties.

Contact Details

Company Name: Solutions Carousel Pte. Ltd.

UEN: 202122967E

Address: 68 Circular Road, #02-01, Singapore 049422

Email: ask.rentify@outlook.com

1. Purpose and Background. Rentify is a SaaS-based omni-channel commerce platform designed for companies providing end customers (“End Customers”) with rentals and other transactions of goods and services (“Items”). Rentify enables the Customer to sell and rent services and goods to End Customers. Depending on the Customer’s subscription plan, Rentify Service enables the Customer to create and build their own online store, as well as manage their in-store operation using Rentify’s store management solutions.

2. End Customer Terms. The Customer will be responsible for including their own End Customer terms and privacy policy (“End Customer Terms”) into the Rentify Service as enabled by Rentify. The Customer will ensure that such terms are compliant with applicable local laws and regulatory requirements, including data protection and (where applicable) consumer protection laws. For the avoidance of doubt, Rentify will not be a party to the agreements made between the Customer and End Customer.

3. Restrictions regarding Use of Rentify. When using the Rentify Service, the Customer undertakes: a) to ensure that the activities the Customer uses the Rentify Service for are compliant with applicable local laws and regulatory requirements; b) not to charge End Customer for any additional costs or fees relating to the Items other than those submitted via Rentify Services and specified in the End Customer Terms; c) not to rent or sell Items other than those disclosed by the Customer in connection with this Agreement. Specifically the Customer undertakes not to use the Rentify Service for any transactions relating to Items that are illegal, inappropriate or dangerous, including but not limited to weapons, toxic, flammable or hazardous substances, drugs or pharmaceutical goods, living animals, adult entertainment of any kind, gambling or lottery Items, financial goods and services, counterfeit goods or other similar Items; d. to ensure that the rental or sale of items involving copyrighted or other IPR content does not infringe any third party rights or local legislation, including but not limited to copyright or trademark legislation; e) where the use of an Item requires a valid license or is subject to legal age requirements, to confirm the existence and validity of such license or confirm the age of the End Customer prior to rental; and f) to ensure that the End Customer is provided with adequate instructions and possible safety equipment (e.g. helmet) for the use of the Item. Rentify further reserves the right to prohibit or refuse the use of the Rentify Service in regard to such Items or in connection with such business activities that, in Rentify opinion or due to restrictions set by payment processing partners of Rentify, are otherwise not suitable or appropriate to be featured in or offered via the Rentify Service.

4. General Customer Obligations. For regulatory and security purposes the Customer is required to: a) inform Rentify of any changes to their intended use of the Rentify Service or the Items sold or rented via the Rentify Service; b) provide accurate information relating to the Items Customer intends to offer via the Rentify Service as well as to provide information regarding the legal form, management or origin of payments and other similar circumstances (and any changes thereof) required for conducting and maintaining a Know Your Customer (KYC) identification and verification process required by payment industry regulations; c) adhere to strict data security standards when processing any cardholder data.

5. Payment and Payment Terms. The applicable pricing and payment model depends on the functionalities (or the combination of functionalities) of the Rentify Services used by the Customer. The exact pricing is specified in Rentify’s price list available at Rentify’s website https://www.rentify.shop or as displayed prior to purchase. Payment and deposit handling where the Customer also uses the payment and deposit handling functionalities of Rentify service (“Rentify Payments”), Rentify shall be entitled to deduct an additional percentage-based transfer fee from the total (Tax inclusive) sum of transfers of End Customer payments (“Transfer Fee”) to the Customer account, as well as a flat rate transaction fee (“Transaction Fee”) per each transaction carried out via Rentify Services. The Transfer Fee and and Transaction Fees are deducted directly in connection with the relevant transaction.

General payment terms. Unless specified otherwise, all prices are exclusive of VAT, if any. Such taxes and fees shall be added to the prices and be borne by the Customer. Rentify will provide billing and related usage information in a format we choose, which may change from time to time. Rentify reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. The Customer agrees to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If the Customer does not bring such problems/discrepancies to our attention within thirty (30) days, it agrees to waive its right to dispute such problems or discrepancies. Interest for late payments shall be 10%.

6. Payment Handling Use of third party payment platforms. Use of the Rentify Service may be subject to a third-party payment service provider’s acceptance of the Customer as a Sub-Merchant of Rentify. Please note that in addition to this Agreement between the Customer and Rentify, additional terms and conditions may be applicable to the direct relationship between the Customer and the payment service provider.

Payment Security. Rentify shall, in accordance with all applicable PCI DSS requirements, be responsible for the security of the Customer’s cardholder data to the extent it is stored, possessed or transmitted by Rentify in connection with the Customer’s use of the Rentify Services, or to the extent Rentify can impact the security of the Customer’s cardholder data environment. To ensure the secure processing of the Customer’s cardholder data, Rentify has engaged credible third party service providers.

7. Third Party Integrations and Functionalities. Certain functionalities of the Rentify Service may be provided by or integrated with services provided by third party service providers. For the avoidance of doubt, all third party functionalities, interfaces and integrations relating to the Rentify Service are provided on an “as is” basis.

8. Confidentiality. Neither Party shall disclose to third parties any material or information received from the other Party and marked as confidential or which should be understood to be confidential, and shall not use such material or information for any other purposes than those stated in this Agreement. The confidentiality obligation shall, however, not be applied to material and information which is generally available or otherwise public, or which a Party is obligated to disclose due to applicable mandatory laws, public authority regulations or court orders.

9. Intellectual Property Rights. Rentify grants the Customer a limited, non-exclusive, revocable right to use the Rentify Service subject to these terms during the term of this Agreement. All Intellectual Property Rights in or related to the Rentify Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Rentify and/or its subcontractors/licensors.

10. Analytics Data. Rentify shall have the right to collect anonymous statistical data (“Analytics Data”) from the Customer’s use of the Rentify Service, provided that such Analytics Data cannot be linked to the Customer. Analytics Data shall be proprietary to Rentify.

11. No Warranty. The Rentify Service is provided on an “as is” basis, without warranties of any kind, including any warranty of non-infringement, merchantability, or fitness for a particular purpose or business need. Rentify cannot warrant that the Rentify Services will be uninterrupted or error free.

12. Limitation of Liability. Rentify shall in no case be responsible for any Items or for the content, shortcomings or lack of End Customer Terms. To the maximum extent permitted by applicable law, Rentify is not liable to Customer for any lost profits, or for indirect or consequential damages. Rentify's total aggregate liability under or in connection with this Agreement shall be limited to the average monthly fees paid by the Customer for the Rentify Services.

13. Personal Data. Where Rentify processes personal data of the End Customers, such as names, contact details or payment data, on behalf of the Customer (“Controller”) as a data processor (“Processor”), the Parties agree that: a) the Controller acknowledges and agrees that the personal data may be transferred or stored outside the country where the Customer and the Users are located in order to provide the Rentify Services and perform the Parties obligations under this Agreement, unless otherwise instructed by Controller. All international transfers of personal data shall comply with requirements set out in applicable laws; b) unless otherwise agreed, the Controller authorizes the Processor to use sub-processors for the processing of the personal data for the provision and use of the Rentify Services agreed upon; c) the Processor shall ensure that the Processor employees or other persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; d) the Processor assists the Controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the Controller’s obligation to respond to requests for exercising the data subject's rights under applicable law; e) the Processor reasonably assists the Controller in ensuring compliance with data security obligations set out in applicable laws taking into account the nature of processing and the information available to the Processor; f) the Processor makes available to Controller information necessary to demonstrate compliance with applicable data protection laws; g) the Processor shall process the personal data only in accordance with the terms of this Agreement and any lawful and documented instructions reasonably given by the Controller from time to time; h) each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage (“Breach”) to ensure the level of security required under applicable laws and the rights of the data subjects. Rentify shall notify the Customer of any discovered Breaches without undue delay; and i) all personal data processed by Processor shall be anonymized or deleted upon the expiry or termination of this Agreement, unless otherwise required by applicable law or unless otherwise agreed.

14. Term and Termination. This Agreement shall enter into force as of the signature or acceptance of this Agreement and is valid until further notice with a mutual notice term of 3 months. A Party may terminate this Agreement with immediate effect if the other Party substantially breaches the provisions of this Agreement and does not remedy the breach within 14 days after receiving a written request to do so. The provisions of this Agreement which by their nature reasonably should survive the termination or other expiration of this Agreement shall survive any expiration or termination.

15. Reference Use. The Customer agrees that Rentify may use the Customer’s name and logo to identify the Customer as a customer of Rentify as part of a general list of Rentify’s customers for use and reference in Rentify’s promotional and marketing materials while this Agreement is in effect.

16. Amendments. Rentify is entitled to amend this Agreement, including the fees specified in Section 5 by providing the Customer with a prior notice of at least 30 days beforehand. If the Customer does not accept the change made by Rentify, the Customer has the right to terminate the Agreement by notifying Rentify thereof in writing prior to the effective date of such change.

17. Applicable Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of Singapore, except for its provisions on choice of law. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one. The proceedings shall be conducted in the English language. The seat of arbitration shall be in Singapore.

This Privacy Policy describes how we process the personal data of the users of Rentify’s service and website (“Services”) as well as the representatives of our customers and marketing contacts (all the aforementioned hereinafter “Customers”).

We may update this Privacy Policy from time to time. However, we will not make substantial changes to this Privacy Policy without providing prior notice.

Please note that this Privacy Policy only applies to the processing of personal data carried out by Rentify as a data controller. Regarding the data of Rentify’s customers' own end-users, Rentify processes this personal data as a data processor, and the relevant customer acts as the data controller of this personal data.

Personal data processed and sources of the data

We collect two types of information concerning the Customers: (i) Customer Data; and (ii) Analytics Data. Although we do not normally use Analytics Data to identify individuals, sometimes individuals can be recognized from it, either alone or when combined or linked with Customer Data. In such situations, Analytics Data shall also be considered to be personal data under applicable laws, and we will treat the combined data as personal data.

Rentify may collect and process the following Customer Data: (i) name and contact details (including user names); (ii) organization and title (iii) phone number; (iv) e-mail address; (v) correspondence; (vi) invoicing and billing information; (vii) data concerning your orders and use of the Services or your interest in our Services; (iix) marketing opt-outs and opt-ins.

Most of the Customer Data is received directly from Customers. In addition, personal information may be collected and updated from service providers and public registers.

Analytics Data we gather in connection with the use of our Services includes, for example, the following data: (i) Customer’s IP address; (ii) device and device identification number; (iii) operating system; (iv) time of visit; (v) browser type and version; (vi) language setting.

Cookies, analytics, and third party services

We use various technologies to collect and store Analytics Data and other information when Customers use our Services, including cookies.

Cookies are small text files sent and saved on your device that allow us to identify visitors of our websites, and facilitate the use of our Services, and create aggregate information of our visitors. This helps us to improve our Services and better serve our Customers. The cookies will not harm your device or files. We use cookies to tailor our Services and the information we provide in accordance with the individual interests of our Customers. Customers may choose to set their web browser to refuse cookies or to alert when cookies are being sent.

We also use services such as Google Analytics, Intercom, and Hubspot to compile Analytics Data and reports on visitor usage as well as for CRM and customer service purposes.

Please visit their privacy policies for more information.

Purposes and legitimate grounds for the processing

We process personal data for the following purposes:

To provide our Services. We process the personal data of Customers in connection with providing our Services and to run, maintain and develop our business. We process and use personal data, for example, to provide essential functionalities of the Services and to provide access to the Services. If you contact our customer service, we will use the provided information for answering questions and solving possible issues.

For customer communication and marketing. We may process personal data for the purpose of contacting Customers regarding our Services and to inform Customers of changes in our Services as well as to market our Services.

For quality improvement and trend analysis. We may process information regarding the use of the Services to improve the quality of our Services e.g., by analyzing any trends in the use of our Services. When possible, we will do this using only aggregated data.

For legal reasons. We also process certain information to comply with our legal obligations, such as accounting legislation. We may also process data for responding to legal claims in similar situations.

Legitimate grounds for the processing. We process personal data based on our legitimate interests when providing the service to our Customers. We may also process personal data to comply with legal obligations. Furthermore, we process personal data to pursue our legitimate interest to run, maintain and develop our business, and to create and maintain Customer relationships.

When choosing to use your data on the basis of our legitimate interests, we weigh our own interests against your right to privacy.

In some parts of the Services, Customers may be requested to grant their consent for the processing of personal data. In this event, Customers may withdraw their consent at any time.

International data transfers

We or our service providers may transfer personal data to, or access it in, jurisdictions outside Singapore or the Customer’s domicile. It is your responsibility to ensure that any Customers’ personal data shared with us receives an adequate level of protection in the jurisdictions in which it is processed.

Personal data recipients

We do not share personal data with third parties outside of Rentify’s organization unless one of the following circumstances applies:

It is necessary for the purposes set out in this Privacy Policy. To the extent that third parties need access to personal data to perform the Services, Rentify has taken appropriate contractual and organizational measures to ensure that personal data are processed exclusively for the purposes specified in this Privacy Policy and in accordance with all applicable laws and regulations.

For legal reasons. We may share personal data with third parties outside Rentify’s organization if we have a good-faith belief that access to and use of the personal data is reasonably necessary to: (i) meet any applicable law, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, security or technical issues; and/or (iii) protect the interests, properties or safety of Rentify, our Customers or the public in accordance with the law. When possible, we will inform Customers about such transfer and processing.

To authorized service providers. We may share personal data with authorized service providers who perform services for us (including data storage, sales, marketing, and customer support services). Our agreements with our service providers include commitments that the service providers agree to limit their use of personal data and to comply with privacy and security standards at least as stringent as the terms of this Privacy Policy. Please bear in mind that if you provide personal data directly to a third party, such as through a link on our website, the processing is typically based on their policies and standards.

For other legitimate reasons. If Rentify is involved in a merger, acquisition, or asset sale, we may transfer personal data to the third party involved. However, we will continue to ensure the confidentiality of all personal data. We will give notice to all Customers concerned when the personal data are transferred or become subject to a different privacy policy as soon as reasonably possible.

With explicit consent. We may share personal data with third parties outside Rentify’s organization for other reasons than the ones mentioned before when we have the explicit consent to do so. You have the right to withdraw this consent at all times.

Storage period

Rentify does not store personal data longer than is legally permitted and necessary for the purposes of providing the Services or the relevant parts thereof. The storage period depends on the nature of the information and the purposes of the processing. The maximum period may therefore vary per use.

Customer Data relating to your use of the Services are typically deleted within a reasonable time after you no longer use the Services. We will store personal data for no longer than is required by law or reasonably necessary for our legitimate interests, such as claims handling, internal reporting, and reconciliation purposes.

We won't store Analytics Data relating to the Services longer than is reasonably needed.

Your rights

Right to access. You have the right to access your personal data processed by us. You may contact us, and we will inform you what personal data we have collected and processed regarding you.

Right to withdraw consent. If the processing is based on the consent you have granted, you may withdraw the consent at any time. Withdrawing a consent may lead to fewer possibilities to use our Services. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Right to rectify. You have the right to have incorrect or incomplete personal data we have stored about you corrected or completed.

Right to erasure. You may also ask us to erase your personal data from our systems. We will comply with such a request unless we have a legitimate ground not to delete the data.

Right to object. You may object to the processing of personal data if such data are processed for other purposes than purposes necessary for the performance of our Services to the Customer or compliance with a legal obligation. If we do not have legitimate grounds to continue processing such personal data, we shall no longer process the personal data after your objection.

Right to restriction of processing. You may request us to restrict the processing of personal data, for example, when your data erasure, rectification, or objection requests are pending and/or when we do not have legitimate grounds to process your data. This may, however, lead to fewer possibilities to use our Services.

Right to data portability. You have the right to receive the personal data you have provided us in a structured and commonly used format and to transmit those data to a third party independently.

How to use the rights

You may use the above-mentioned rights by sending a letter or an e-mail to us at the addresses set out above, including the following information: the full name, company name, address, e-mail address, and a phone number. We may request the provision of additional information necessary to confirm the identity of the Customer. We may reject requests that are unreasonably repetitive, excessive, or manifestly unfounded.

Direct marketing

Notwithstanding any consent granted beforehand for the purposes of direct marketing, you have the right to prohibit us from using your personal data for direct marketing purposes, including market research and profiling, by contacting us at the addresses indicated above or the unsubscribe possibility offered in connection with any direct marketing messages.

Information security

We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Measures include, for example, where appropriate, encryption, firewalls, and access right systems. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, availability, resilience, and ability to restore the data. We regularly test our systems and other assets for security vulnerabilities.

Should, despite the security measures, a security breach occurs that is likely to have negative effects on the privacy of Customers, we will inform the relevant Customers and other affected parties, as well as relevant authorities when required by applicable data protection laws, about the breach as soon as possible.