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Terms and Conditions - Hidup
1. GENERAL

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION, DISPUTE RESOLUTION AND THE APPLICABLE LEGISLATION.

BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE “WEBSITE” OR OTHER APPLICATIONS, YOU AGREE AND ACCEPT TO BE LEGALLY BOUND BY THESE “TERMS AND CONDITIONS”.

The use of any website owned by HIDUP.CO.ID, of the Contents or Application, confers the status of the User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.

HIDUP.CO.ID may modify these Terms and Conditions, and reserves the right to do so at any time. In order for the User to be aware of the Content changes, we suggest the User to frequently review these Terms and Conditions.. By continuing to access the Websites or Application owned by HIDUP.CO.ID, following updated versions, You are indicating that You agree to be bound by the modified Terms and Conditions. The use and access of the Website is to be done so at the sole discretion and responsibility of the User.

HIDUP.CO.ID prohibits minors (under 18 years old) to access, register, browse, use, storage and/or download  materials and/or use of the services of any Website and/or Content. To access or use any Website and/or Content of HIDUP.CO.ID, You must be at least 18 years old.

HIDUP.CO.ID provides an Online Platform that connects Property Landlords or managers (hereinafter “Landlord/s”) with Tenants (hereinafter “Tenant/s”)  (as defined below), who wish to reserve Property for a lease term of at least one month (hereinafter, jointly, Services).

2. KEY TERMS

“HIDUP.CO.ID Content” means all information provided by HIDUP.CO.ID via its Platform, Application and services, including any Content authorized by a third party.

“Content” means software, images, text, graphics, music, audio video and any other published material on the Platform.

“Platform / Website” means any of the domains the Users use or browse the Online Platform allowed by HIDUP.CO.ID.

“User” means any person who uses the Website or Application owned by HIDUP.CO.ID.

“Property” means the house, apartment, villa or boarding house, room or habitable space that the Landlord publishes on the HIDUP.CO.ID Website, in order for the Tenant to make an online Booking Request.

“Initial Payment” means the first month’s rental payment which is temporarily held by HIDUP.CO.ID after a Tenant’s Booking Request has been approved by a Landlord.  The Initial Payment is released to the Landlord three (3) business days after the Tenant’s Move-in Date.

“Service Feemeans the fee charged to the Landlord, which is calculated as a percentage of the Total Contract Value.

“Booking Request” means Booking made by the Tenant for the Property. This is done when clicking on the “Request Booking” button and after completing the required Booking Request details form submission. The Booking Request contains the Move-in Date, the Move-out Date and the amount for the Initial Payment. The Booking Request is sent to the Landlord for approval.

 “Tenancy Agreement or Lease Agreement” means the legally binding contract agreed upon and signed by the Landlord (as the Lessor) and by the Tenant (as the Lessee), to which HIDUP.CO.ID is not of any party.

“Move-in Datemeans the date in which the Tenant will begin to occupy the Property.

“Move-out Date” means the date in which the Tenant will vacate the Property.

“Booking Feemeans the fee paid by the Tenant to HIDUP.CO.ID when making a successful Booking Request booking for the Property via the Platform or Application and after the booking has been confirmed by the Landlord.

”Application” refers to  any Application available on mobile devices allowing Users to access  the services available through the Website.

“Tenant” means the person who has made a Booking Request by using the Platform or Application and is residing or going to be residing at the Property, but is not the Landlord of the Property.

“Landlord” means the person or entity that has entered into an Agreement with HIDUP.CO.ID to publish an Advertisement for the Property on the Platform, in order that a Tenant may make a booking for the Property via the Platform. Landlords may be either individuals or legal entities, or any other entity that permits the Landlord or manager to enter into a Lease Agreement with the Tenant for the Property on their own behalf or for a third party for a lease period exceeding one month.

“You” means the User, Tenant or Landlord (as appropriate).

“Advertisement” means the publishing of the Property by the HIDUP.CO.ID staff, by Agreement between the HIDUP.CO.ID staff and the Landlord, in order that it be made available for booking on the Platform.

3. USE OF THE PLATFORM, APPLICATION AND SERVICE

The Tenants will make a booking for Property arrangements that are longer than one month through the Platform and Application. Upon the request and approval of the Landlord, the Property is published on the Platform and Application by the HIDUP.CO.ID staff, however the Landlords may request changes to the listing at any time.

HIDUP.CO.ID IS NOT A LANDLORD, MANAGER OR REAL ESTATE AGENT AND HIDUP.CO.ID DOES NOT RENT, SUBLET, MANAGE, POSSESS, SELL, RESELL, FURNISH, NOR DOES IT CONTROL THE PROPERTIES IN ANY MANNER.

HIDUP.CO.ID’s responsibilities are limited to:

  1. Providing the Platform, Application and services.
  2. Withholding the Initial Payment on behalf of the Landlord, which is transferred by the Tenants to HIDUP.CO.ID, once the Landlord has accepted their Booking Request, so that the Initial Payment may be transferred to the Landlord after deducting the Service Fee. CO.ID will not receive any additional payments after the booking has been confirmed by the Landlord, Initial Payment has been collected by HIDUP.CO.ID and, from that moment, the Landlord is solely responsible for collecting rent payments, unless otherwise agreed in writing between the Landlord and HIDUP.CO.ID.
4. PROPERTY LISTING

HIDUP.CO.ID staff members will prepare, verify and list all Advertisements on the Platform, Application and services and at no time will this be performed by the Landlord.

HIDUP.CO.ID staff need need to visit every Property that is listed on the Platform. This is required so that we can take professional photos, measure the floor plan, take detailed notes and verify the Property is in a safe and habitable condition. The HIDUP.CO.ID staff will contact the Landlord who agrees to make an appointment so that the HIDUP.CO.ID staff may access the Property for taking photographs, drawing floor plans, taking videos or any other advertising material that HIDUP.CO.ID requires.

HIDUP.CO.ID is not responsible for any inaccuracies found on the floor plans published in Advertisement. There will no guarantee that the dimensions displayed are accurate since they are suggestive and serve as an explanatory feature.

The Landlord shall provide all the necessary information requested by HIDUP.CO.ID to complete the listing, which includes, but not is not limited to, the Property’s location, capacity, size, features and availability, the price (rental rate), payment terms and Property use rules and policies.

HIDUP.CO.ID will not charge a fee for the creation of the Advertisement or the creation of the marketing materials to use the in the Property listing on the Platform. The Landlord will grant his/her authorisation to approve the publication for the Advertisement and will accept these Terms and Conditions. The Landlord acknowledges and accepts that once the Tenant makes a booking for the Property, the pricing for this booking cannot be amended.

HIDUP.CO.ID guarantees the features of the Property at the date in which they were verified by HIDUP.CO.ID. Tenants acknowledge that the Property that they have made a booking for has been verified on a date that was prior to, and not the same as the date of the booking and that the features of the Property may differ from the conditions verified by HIDUP.CO.ID at a time before the booking. Nevertheless, the Landlord shall maintain the Property in a similar condition to that depicted in the Advertisement. HIDUP.CO.ID reserves the right to withdraw the Advertisement from the Platform, Application or services, in case that the conditions of the Property differ significantly from the Advertisement.

in case that a landlord uses any other platform or means to lease the property, hidup.co.id will remain the  owner of all copyrights or any other intellectual property and holds the right to use the audiovisual and advertising material. the audio-visual and advertising materials (photos, floor plans, property descriptions, video) must not be used on any other platform or printed materials by the landlord or a third party.  hidup.co.id reserves the right to demand the cessation of the use of such material and to claim the damages in case of the landlord or a third party uses the material owned by hidup.co.id without having written consent to do so.

5. BOOKING PROCEDURE

The TENANT shall provide the information requested by HIDUP.CO.ID via HIDUP.CO.ID’s Platform or Application when deciding to make a booking. HIDUP.CO.ID will provide detailed information about the Fees (see section on Fees), where the Tenant authorises such fees to be retained by HIDUP.CO.ID, in case that the booking is accepted by the Landlord, through the payment methods available on the Platform or Application. The payment must be received by the Tenant within 7 days of the booking request being accepted if it was not paid at the time of booking. Once completed, the Tenant will receive an automatically generated email with a summary of the booking and its reference number. Following this, HIDUP.CO.ID will send a Booking Request to the Landlord, who will have three (3) days to either accept or reject the Booking Request. In case after three (3) days, HIDUP.CO.ID has not received a response from the Landlord, the Booking Request will be considered as a rejected.

In the proccess of making a Booking Request via the Platform, Application or Services, we will provide the Landlord with the following:

  1. Information on the Tenant: age, company, university, education level, occupation and any other information request by the Landlord.
  2. A direct link to the CO.ID webpage where the Property is published.

Upon the Landlord accepting the Booking Request, HIDUP.CO.ID will retain the Initial Payment and the Booking Fee. A confirmation email will be sent to both the Landlord and the Tenant to confirm the booking and HIDUP.CO.ID will put both the Parties in contact with each other to discuss access on the Move-in Date. The Landlord will then be responsible for providing all the necessary information for the Tenant to access the Property.

The final Advertisement that is approved and published on the Platform is the sole responsibility of the Landlord and that they have the right to advertise the Property and make it available for rent.

After accepting a booking, the Landlord will:

  1. be compliant with all laws, Tax requirements and any other rule or regulation applicable to any Property published in an Advertisement.
  2. avoid any dispute arising based on third-party rights.
  3. not interfere with any Agreement entered with a third party.

HIDUP.CO.ID will not be responsible for any liability for any breach, by the Landlord, of the applicable laws, rules or regulations. HIDUP.CO.ID reserves the right, to remove the Advertisement, at any time and without prior notice, for any reason and at its own discretion, including any Advertisement that HIDUP.CO.ID deems to be challengeable before the courts law for any reason.

Both the Landlord and the Tenant acknowledge and agree that HIDUP.CO.ID shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Landlord. Therefore, HIDUP.CO.ID strongly advises that Landlords take out the appropriate insurance for their Property. Notwithstanding the foregoing, HIDUP.CO.ID acts as an intermediary authorized by the Landlord to exclusively accept and receive the Initial Payment from the Tenant for the reserved Property and, after deducting the Service Fee transfer such payment to the Landlord.

All certain information on the Tenant intending to make the booking and who has provided and authorised the information for this purpose will be provided from HIDUP.CO.ID to the Landlord. Both the Landlord and the Tenant acknowledge and accept that they are responsible for their own actions and will keep this information truthful and confidential.

While using the Platform, Application or Services, the User agrees that any legal action or claim arising because of the acts or omissions of the Landlord, Tenants or third parties resulting in injury, sickness or death will be filed exclusively against the party in question, and You agree to hold HIDUP.CO.ID harmless against any action Legal or claim with respect to such omissions.

HIDUP.CO.ID will not be responsible for the removal or theft of any object found inside or outside the leased Property. It is recommended that the Landlord creates a list of items included in the Property for use by the Tenant, and a record photographic evidence of their condition before the Tenant Move-in date.

HIDUP.CO.ID is a Platform used to make online Bookings for  the Property and, accordingly, it does not provide any Property inspection service apart from the initial inspection required to collect marketing materials (photographs, floor plan, video, etc.) and prepare the listing for publishing on the Platform and Application. HIDUP.CO.ID is not responsible for any keys, fobs or access cards for the property and does not have copies of these for the Property.

6. FEES

The minimum booking period that is permitted to be made using the Platform or Application is for 30 days, where the Landlord may determine a longer minimum period.

The Tenant shall make a transfer to HIDUP.CO.ID for the Initial Payment (via the payment methods available on the Platform or Application), including Booking Fee after the booking has been confirmed by the Landlord,

The “Initial Payment” is the monthly rental rate which will be transferred to the Landlord as the first month’s rent three (3) business days after the Tenant has moved in to the Property.

The “Booking Fee” is a percentage of the Total Contract Value charged by HIDUP.CO.ID to the Tenant for the provided services.

The agreed service fee is a percentage (%) of the Total Contract Value.

The “Service Fee” is a percentage of the Total Contract Value that HIDUP.CO.ID will charge the Landlord for the provided services. The Service Fee will be deducted from the Initial Payment.

The “Total Contract Value” refers to the total price of the booking of the rental property and will vary between each rental Property depending on the total lease term and the set price for each day for its total duration.

HIDUP.CO.ID will only transfer the Initial Payment, minus the Service Fee, to the Landlord three (3)  business days after the Move-in Date (that which is indicated on the booking), provided that the Tenant has not informed HIDUP.CO.ID of any significant deficiency in the condition of the Property.

7. MOVE-IN POLICY

After the Landlord has approved the booking and HIDUP.CO.ID has sent the confirmation of the booking to both the Tenant and the Landlord, including the contact information for both parties, it will be the Landlord’s responsibility to provide any further instructions to the Tenant with regards to moving into the Property.

The Landlord will ensure that the Property reserved by the Tenant is found in the expected and proper living conditions and that the features published in the Property Advertisement remain the same, as well as the pricing terms.

HIDUP.CO.ID will only transfer the Initial Payment, minus the Service Fee  to the Landlord three (3) business days after the Move-in Date (that which is indicated on the booking details), provided that the Tenant has not informed HIDUP.CO.ID of any Significant Deficiency. It is the responsibility of the Landlord to ensure that the condition of the Property is a true representation of the Property listing and includes every service and item shown in the audio-visual materials and descriptions available on the Property listing on the Platform.

Between the event that the Landlord accepts the Tenant’s Booking Request and the Move-in date, a lease must be signed between the Tenant and the Landlord. A lease will be provided in which both parties (Tenant and Landlord) will need to agree to the terms and sign. HIDUP.CO.ID is not party to any Lease Agreement that is provided or signed by the parties. HIDUP.CO.ID will not be held liable for any disagreement, dispute or claim arising between the Tenant and the Landlord and will be held exempt of all legal matters. Any disagreement, dispute or claim must be settled between the Landlord and Tenant in a timely manner and HIDUP.CO.ID will not act as an intermediary for any dispute including any dispute arising because of a security deposit.

HIDUP.CO.ID advises that both the Tenant and the Landlord thoroughly read the Lease Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both parties for the duration of the Tenant’s stay at the Property.

8. LEGAL NOTICE REGARDING THE CANCELLATION POLICY

THE TENANT UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT THEIR RIGHT OF WITHDRAWAL HAS BEEN LOST ONCE THE SERVICES HAVE BEEN FULLY RENDERED BY HIDUP.CO.ID.

HIDUP.CO.ID’s services are considered to be fully rendered when the Tenant has made a Booking Request and when the Landlord has approved such Booking Request.

9. CANCELLATION POLICY FOR LANDLORDS

In case that the booking had been approved by the Landlord, and where the Tenant and the Landlord have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included in this Agreement, in which the Landlord may select their Cancellation Policy for their listing/s, of which HIDUP.CO.ID is not party to.

The Tenant will receive a refund of the Initial Payment and Booking Fee along with the if  the Landlord cancels the booking before the Move-in Date or before the Landlord and the Tenant has signed a Tenancy Agreement binding them into a contract with the Landlord.

Service Fee:

  1. CO.ID will not charge any Fee to the Landlord in case that the Landlord cancels the booking with 31 days’ notice or longer, with regards to the Move-in Date.
  2. CO.ID will charge the amount equivalent to 30% of the Initial Payment in case that the Landlord cancels the booking between 3 and 30 days’ notice before to the Move-in Date.
  3. CO.ID will charge the amount equivalent to 60% of the Initial Payment in case that the Landlord cancels the booking with less than three (3) days’ notice before the Move-in Date.

If necessary to apply for the any of the penalties, HIDUP.CO.ID reserves the right to claim for any outstanding amounts. The Landlord agrees that they are obliged to pay the amounts owed to HIDUP.CO.ID when a payment request is sent to claim the Service Fees.

10. CANCELLATION POLICY FOR TENANTS.

HIDUP.CO.ID will charge the Initial Payment, along with the Service Fee when the Tenant has made a Booking for the Property which has been approved by the Landlord. HIDUP.CO.ID will not charge any fee when the Tenant cancels the requested booking before it has been approved by the Landlord.

HIDUP.CO.ID will not refund the Booking Fee when  the booking has been accepted by the Landlord and the Tenant cancels the booking. The amount of the Initial Payment refunded will depend on the cancellation policy advertised on the published Property listing.

There are three (3) cancellation policies for Tenants, at the Landlord’s discretion, which will be published in the Advertisement for the Property. The default cancellation policy will be the STANDARD cancellation policy in the event that the Landlord does not select an option prior to the advertisement being published. The Landlord may have the cancellation policy updated prior to receiving a Booking Request from a Tenant, but cannot change the cancellation policy after a Booking Request has been made.

  1. FLEXI: When the Tenant cancels the booking:
    1. 3 days or less before the Move-in Date, CO.ID will not refund any withheld amount after the confirmation of the booking, where Initial Payment will be transferred to the Landlord.
    2. Between 4 and 30 days before the Move-in Date, CO.ID will refund 50% of the Initial Payment (minus the booking fee) to the Tenant and the remaining 50% will be transferred to the Landlord.
    3. co.id will refund the total amount held to the Tenant if a cancellation is made by the Tenant 31 days or more before the Move-in Date.
    4. STANDARD: When the Tenant cancels the booking:
  2. 30 days or less before the Move-in Date, CO.ID will not refund the Tenant for any amount and will transfer the Initial Payment to the Landlord.
  3. Between 31 and 60 days before the Move-in Date, CO.ID will refund the Tenant for 50% of the Initial Payment (minus the booking fee) and the remaining 50% will be transferred to the Landlord.
  4. 61 days or more before the Move-in Date, CO.ID will refund the Tenant for 100% of the Initial Payment.
  5. FIXED: For any reasons, in case that a Tenant cancels a booking confirmed booking by the Landlord, HIDUP.CO.ID will not refund any amount to the Tenantand the Initial Payment will be transferred to the Landlord.

When the Tenant intends to cancel or modify a booking.

The Tenant has a 24 hour period to confirm the cancellation or booking modification if a Tenant has notified HIDUP.CO.ID of their request to cancel or modify a booking. If the Tenant does not reply to the email within the aforementioned period, the booking will be considered as cancelled and the applicable Cancellation Policy will be applied.

11. RENT PAYMENTS

The Landlord is resposible for collecting rent payments from the Tenant after the Lease Agreement has been signed by both parties or any other Agreement has been entered into between the Landlord and the Tenant. HIDUP.CO.ID will not be responsible for the collection of rent payments or for any outstanding payment that may arise.

12. RELEASE FROM LIABILITY

After three (3) business days have elapsed following the Tenant’s Move-in Date for the Property and where HIDUP.CO.ID has transferred the Initial Payment to the Landlord, all legal liability and any other type of relationship between HIDUP.CO.ID and both parties being the Tenant and Landlord shall expire with regards to the booking. HIDUP.CO.ID will not be responsible for any event arising from the subsequent relationship between the Landlord and the Tenant.

13. INVOICING

An invoice will be sent to both the Landlord and the Tenant after the booking has been finalised. If requested, a detailed invoice can be sent detailing the breakdown of fees paid, or any other any other applicable Tax.

14. DAMAGE TO THE PROPERTY

The Tenant is responsible for maintaining the Property in the same condition it was presented at the Move-in Date. The Tenant and the Landlord acknowledge and accept that they are responsible for their own acts or omissions, as well as those of any person who has been invited or provided access to the Property. HIDUP.CO.ID will not be responsible for any damage that has been caused to the Property. Any such liability or disputed arising from Property damage must resolved between Landlord and Tenant.

15. TERMINATION AND CLOSING OF HIDUP.CO.ID ACCOUNTS

HIDUP.CO.ID, at its sole discretion may restrict access to the Website, disable or cancel Advertisements, without the need to substantiate the reasons,  without it being held liable and without the obligation to provide prior notice.

Landlords may request HIDUP.CO.ID to remove their own Advertisement for their Property from the Platform, by writing to:  info@Hidup.co.id. Please note that if the Advertisements are removed, HIDUP.CO.ID is not obliged to transfer the Content of the Advertisements to any Landlord and still retains the copyright to all audio-visual materials.

16. PRIVACY POLICY

In accordance with The Privacy Act 1988 (Privacy Act), any data collected by HIDUP.CO.ID for the use of the Website, Platform, Application or services will be treated on the Protection of Personal Data and its implementing regulations, so as to uphold the relationship arising from these Terms and Conditions. Such data shall be treated pursuant to the current legislation on protection of personal data.

Accordingly, the User as the owner of the data, authorises that such data may be provided to third parties, to fulfill requirements for the process of undertaking, compliance, maintenance and performance of obligations arising from this relationship or on the basis of any other legal provision authorizing such disclosure.

In order to exercise the Rights to access, challenge, rectify, cancel or oppose of the data, Users shall send written correspondence to: privacy@hidup.co.id

17. APPLICABLE LEGISLATION AND CONFLICT RESOLUTION

These Terms and Conditions shall be interpreted in accordance with Indonesian law.

Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Indonesian Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators.

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