Terms & Conditions
Welcome and thank you for using the ‘Citybaby Rental’ Mobile Application and Services. These Terms and Conditions are effective upon registration of your membership.
- Rental Agreement
- Prohibited Items
When you use the Mobile Application in any way and manner, you agree to accept all the Terms and conditions and Policies in relation to the Mobile Application, and you shall comply and act in accordance with them. Before you decide to become a Member, you must read and accept the Terms and Conditions and all Policies (as above) of the Mobile Application and The Company.
Should you object to any of the Terms and Conditions or Policies, or any subsequent changes or become dissatisfied with the Mobile Application or The Company in any way, your only recourse is to immediately discontinue the use of the Mobile Application. The Company retains the right to enforce the Terms and Conditions or Policies in any way it deems fit.
The Company reserves the right to, at any time, with or without notice, update or change all or any portion thereof of these Terms and Conditions.
You agree and accept that using the Mobile Application and Services is entirely at your own risk and you assume total responsibility for the use of the Mobile Application and Services and any loan that you may enter into. Your sole remedy against The Company for any dissatisfaction, issues or unhappiness in connection with the use of the Mobile Application, Services, or any content, is to stop using the Mobile Application and Services. The Mobile Application and Services are provided on an “as is” or “as available” basis, without any representations or warranties of any kind.
Under no circumstances shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if the Company has been advised on the possibility of such damages by any person) arising from your use of the Mobile Application or Services, or arising from any loan transaction, including, but not limited to, damages or injury arising from a loaned item or non-returned item or non-payment by any other Members, damages which arise from the use or misuse of the Mobile Application or Services, from inability to use the Mobile Application or Services, or the interruption, suspension, modification, alteration, or termination of the Mobile Application, Services or Member’s (or Members’) account. Such limitations shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Mobile Application or Services or any links on the Mobile Application, as well as by reason of any information or advice received through or advertised in connection with the Mobile Application or Services or any links on the Mobile Application.
The Company expressly disclaims all express and implied guarantees or warranties, including, without limitation, the guarantees or warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Company does not represent, guarantee or warrant that the Mobile Application or any content, Services, or features will be error-free or uninterrupted, that any defects will be corrected, that your use of the Mobile Application will provide specific results, or that any files or other data you download from the Mobile Application will be free of viruses or contamination or destructive features.
The Company disclaims any and all liability for the acts, omissions and conduct of any third parties, including other users, in connection with or related to your use of the Mobile Application or Services, including, but not limited to, items loaned to or from you in connection with your use of the Mobile Application or Services obtained or given by you in connection with your use of the Mobile Application or Services, and/or any other Services.
The Company shall not be liable for the deletion or failure to store any content maintained or transmitted by the Mobile Application.
The Company will not provide legal advice regarding any Services you use (or propose to use). No act of The Company shall be interpreted as providing legal advice, including but not limited to providing legal document templates or permitting a loan transaction to occur. The Company encourages you to seek your own legal counsel if you have any questions regarding your personal liability for any particular transaction or if you would like a loan agreement drafted and/or reviewed.
Limitation of Liability
The above disclaimer shall apply to the fullest extent permitted by law.
If, notwithstanding the other provisions of these Terms and Conditions, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Mobile Application or any Services, the Company’s liability shall in no event exceed S$50.00. You acknowledge that this represents a fair allocation of the risk as between the parties.
Ownership Of The Mobile Application And Contents
The Mobile Application is the property of the Company. All contents, including, without limitation, all texts, including descriptions and feedback, graphics, photographs, trademarks, logos, artworks and programme codes comprising the same, and the design and arrangement of such content, on the Mobile Application is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and all other intellectual property rights, unfair competition laws or any other applicable laws.
By posting content on the Mobile Application, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable right to use, modify, perform and/or display, reproduce and distribute such Contents and any other copyright or form of intellectual property you may have in relation to such Contents, in any media and any other form. By posting any content on the Mobile Application, you represent and warrant to the Company that you have the right to grant the Company the rights above.
You acknowledge that the Company does not pre-screen or approve the content, but that the Company shall have the right (but not the obligation except as required by law) in its sole discretion to refuse, delete, move, remove, or otherwise amend any content that is available through the Mobile Application for violating the letter or spirit of the Terms and Conditions or for any other reason. You understand and accept that by using the Mobile Application, you may be exposed to content that is offensive, indecent, inaccurate, illegal, misleading, or otherwise objectionable.
Conditions Of Use Of Mobile Application And Services
While using the Mobile Application and Services that the Company provides, you will not:
- Post any content or items in an inappropriate category or areas on the mobile Applications and Services;
- Post or loan any items or Services that are on our Prohibited Items List
- Violate any laws, third party rights, Loan Agreement, these Terms and Conditions or Policies;
- Use the Mobile Applications, Services, or tools if you are not able to form legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from using the Mobile Application, or Services;
- Manipulate the price of any item or interfere with other Members’ listings;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to other Members;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Mobile Application, Services, or any activities conducted on or with the Mobile Applications, Services, or tools of the Company;
- Bypass any measures we may use to prevent or restrict access to the Mobile Application;
- Post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
- Provide false, inaccurate, misleading, defamatory or libellous information to the Company or any Member;
- Take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information off of the Mobile Application or using it for purposes unrelated to the Company);
- Transfer your Member Account (including feedback) and Member identity to a third party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm the Company, the Mobile Application, Services or other interests or property of the Company, or the other Members;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display rights or content (except your own information) from the Mobile Application, Service or the Company’s copyrights and trademarks without the Company’s express written permission and the appropriate third party, as applicable; or
- Harvest or otherwise collect information about users and/or Members, including email addresses and other private information, without their consent.
Member Account Information
Upon registration of an account on the Citybaby Rental website (“Member Account”), you shall provide a valid email address that will be used to communicate between you and the website, and will be used as the unique identifier for the Member Account. All notifications for your attention will be sent to the email address that is associated with your Member Account. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.
You accept to provide your physical address and Singapore mobile phone number, which is required by the Company upon registration of the Member Account. You hereby grant the Company’s permission to post a general description of your physical address (i.e. City and postcode). Further, you hereby grant the Company permission to deliver your physical address to (1) the owner of an item proposed to be loaned by you or (2) the borrower of an item after the completion of a loan request.
Any change of your personal information (including your email address) requested when creating and completing a Member Account must be declared to the Company within 8 days of such changes.
Member Account Access And Password
You shall keep your password to your Member Account confidential. Your Member Account and your password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law. You accept to be solely responsible for the use of your password and Member Account. The Company is not liable, and you accept being held solely responsible, for all consequences and obligations generated by use of your password and Member Account by a third party. You recognize and accept that the Company considers the usage of your Member Account, username or password as proof of the usage of the Mobile Application by you and any actions made by a Member Account, including but not limited to, all evaluations, ratings information and comments, are considered to be made by you.
Termination Of Member Account
Without limiting other remedies, the Company may limit, suspend, or terminate your Member Account, prohibit access to our Mobile Application and its content, Services, delay or remove content and take technical and legal steps to keep you off the Mobile Application if we think that you are creating problems or possible legal liabilities, infringing the intellectual property rights or any other rights of third parties, or acting inconsistently with the letter or spirit of these Terms and Conditions, including, but not limited to, the Policies. The Company also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue the Mobile Application or Services. You will not hold the Company (including its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, penalties, demands, damages (actual and consequential) or any other costs or liabilities of any kind for the closing of a Member Account.
Our Policies pertaining to posting items for loan, loaning items, and the associated transactions that are available on the Mobile Application (the “Loan Policy”) are part of and incorporated by reference to these Terms and Conditions. The Company reserves the right to change the Loan Policy at any time.
Billing, Fees And Taxes
Access, registration and usage of the Mobile Application are free. Our Policies pertaining to the success fee, billing conditions, paid tools and Services available on the Mobile Application are part and incorporated as a reference of the Terms and Conditions. Unless communicated otherwise, our fees are indicated in Singapore dollars (SGD) and exclude any taxes that may be applicable. The Company reserves the right to change the Loan Policy at any time.
The Company does not pay any taxes on behalf of the Users or Members of the Mobile Application. You are solely responsible to:
- Determine what taxes resulting from any use of our Services or Mobile Application, if any, apply to you.
- Pay such taxes.
Members will earn 50% of the booking fees and the payment will be make to the members
Delivery and Collection
The company will arrange delivery and collection of the items. The company will use Grab Express or other relevant delivery services to ensure the items are delivered on time.
Take Down Notification
The Company cannot be aware of all the content published on the Mobile Application in all the Loan Listings or in the comments. However, the Company is committed to removing any copyright-protected material as soon as we are notified.
We respect the intellectual property of others, and we ask you to do the same. If you or any other user of the Mobile Application believe its copyright, trademark or other property rights have been infringed by any content of the Mobile Application, you or the Member shall notify us immediately. The notification shall include:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, trade mark or such other subject matter claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the trade mark, works or subject matter;
- A statement that the complaining party has a good faith and belief that use of the material in the manner complained of is not authorised by the owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
Should you or any Member or Members find, discover and become aware of any trade mark, copyright infringements or other infringement, we can be notified of such infringements at [email protected].
You acknowledge and agree that upon receipt of a notice of a claim of infringement, we may immediately remove the identified materials from the Mobile Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the courts by either party…
Links To Third Party Mobile Applications
Furthermore, the content available on or through the Mobile Application may contain links to other websites or mobile applications that are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites or mobile application. Your linking to any other websites or mobile applications is at your own risk. You agree that you must evaluate, and shall bear all risks associated with, the use of any content, that you may not rely on the content, and that under no circumstances will the Company be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available on or through the Mobile Application or Services.
Indemnification And Release
You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Mobile Application, any loan agreement or transaction, or violation of any the Terms and Conditions or Policies.
If you have a dispute with another Member(s), you agree to release the Company and its officers, directors, agents, employees and representatives from any claims, demands, actions, losses, or damages of every kind and nature, whether known or unknown, arising out of the such dispute.
The Company and you are independent parties, each act in its name and for its own purpose. Nothing in this Terms and Conditions or the Policies shall be deemed to constitute, create, give effect to or otherwise recognize a partnership, agency, joint venture or formal business entity of any kind or create a fiduciary or similar relationship among the parties; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Mobile Application, including all disputes, will be governed by the laws of Republic of Singapore without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and supreme courts in Singapore and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year that the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If a dispute arises out of or relates to these Terms and Conditions, or the breach thereof, you agree to try in good faith to settle the dispute by contacting the management of The Company directly.
If a dispute arises out of or relates to these Terms and Conditions, or the breach thereof, and if the dispute cannot be settled through negotiation, you agree to try in good faith to settle the dispute by mediation administered by such relevant body before resorting to arbitration, litigation, or some other dispute resolution procedure. Any dispute, difference or claim arising out of or in connection with this Agreement, shall be referred to the Singapore International Arbitration Centre (SIAC) and determined with the SIAC Rules as at present in force and as may be amended by the rest of this clause.
Each Party shall appoint one (1) arbitrator, and the two (2) arbitrators so nominated shall designate a third arbitrator acceptable to both appointing parties, failing which the third arbitrator shall be appointed in accordance with the SIAC rules.
- The place of arbitration shall be in Singapore at Singapore International Arbitration Centre (SIAC).
- The Parties hereby agree that no proceedings may be instituted by any of the Parties until the Party alleging breach of this Agreement by the other Party has given the other Party not less than thirty (30) Calendar Day prior notice to remedy any alleged breach, and the other Party has failed to do so at the expiration of such thirty (30) Calendar Day period.
- The proceedings will be in the English language.
Void Where Prohibited
Although the Mobile Application is accessible worldwide, not all features, products or Services discussed, referenced, provided or offered through or on the Mobile Application are available to all persons or in all geographic locations, or appropriate or available for use outside Singapore and its neighbouring countries. Any offer for any feature, product or service made on the Mobile Application is void where prohibited. You are solely responsible for complying with applicable local laws.
Updates, Termination Or Suspension Of Access
The information contained in this Mobile Application, including these Terms and Conditions, the Policies, prices and Services, is subject to change at any time and without notice, and The Company makes no commitment to update the materials on the Mobile Application, including information that may be out of date.
The Company reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Mobile Application, or any portion thereof, or interrupt the operation of the Mobile Application, or any portion thereof.
You may not use the Mobile Application or any Contents in violation of any applicable laws or regulations, including without limitation Singapore’s export laws and regulations. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such governing Law; Dispute Resolution provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions, and the Policies referenced herein constitute the entire agreement between you and The Company in relation to your use of the Mobile Application, and any and all other written or oral agreements or understandings previously existing between you and The Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected. The Company’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between The Company and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.