User Agreement - Rental Website Feature
Read our user agreement to understand the terms and conditions for using the Tokkatok rental platform.
USER AGREEMENT OF THE RENTAL WEBSITE FEATURE
BETWEEN TOKKATOK AND THE PARTY POSTING
1. Purpose
This Agreement sets forth the binding terms and conditions (the "Terms") governing your access and use of the Tokkatok online platform and its associated services (the "Platform"). This Agreement is executed between the user, whether the owner or the broker (the "User"). By accessing or utilizing the Platform, you acknowledge that you have read, understood, and consented to be bound by this Agreement. Should you dissent from any provision herein, your sole recourse is to immediately discontinue all use of the Platform.
2. Definition and Scope of Service
The Platform functions as a digital intermediary that provides a venue for property owners ("Owners") to list and advertise residential or commercial properties for rent, and for prospective renters ("Tenants") to browse and inquire about such properties. The Company's role is strictly limited to facilitating these connections. It is expressly stipulated that the Company is not a party to, nor is it responsible for, any lease, rental, or other contractual arrangement executed between Landlords and Tenants.
3. User Account and Data Integrity
3.1. Account Registration
To avail of certain features of the Service, Users are required to register for an account and furnish accurate, current, and complete information.
3.2. Account Security
The User assumes full responsibility for all activities that transpire under their account and for the protection of their login credentials. Any unauthorized use or breach of security must be immediately reported to the Company.
3.3. Data Security
While the Company implements commercially reasonable measures to protect User data, the inherent risks associated with data transmission over the internet are acknowledged by the User. The Company disclaims liability for data breaches resulting from factors beyond its reasonable control.
4. Owner Covenants and Warranties
4.1. Listing Authenticity
The Owner covenants that all information, images, and representations contained within their property listings are true, accurate, and not misleading.
4.2. Legal Compliance
The Owner warrants that they possess the legal authority to rent the listed property and that all rental activities shall be conducted in full compliance with all relevant Philippine laws, including landlord-tenant laws and tax regulations.
4.3. Rental Transactions
The Owner acknowledges that any rental agreement entered into with a Tenant is a direct contract between those two parties. All liabilities and obligations arising from such a transaction rest solely with the Landlord.
5. Tenant Acknowledgment and Obligations
5.1. Due Diligence
The Tenant is responsible for independently verifying all property details and the identity of the Landlord. Any and all rental transactions are undertaken at the Tenant's own risk.
5.2. Respect for Property
The Tenant agrees to use the rented property in a manner consistent with the Landlord's house rules and applicable laws, and to treat the premises with care.
5.3. Responsibility for Damages
The Tenant shall be liable for any damage caused to the property by their negligence, recklessness, or willful misconduct.
6. Service Fees and Compensation
6.1. Commission Fee
For each successful rental transaction initiated via the Platform, the Landlord shall pay Tokkatok a commission fee ("Commission"). The Commission shall be a percentage of the total rental value for the initial lease term.
6.2. Payment Obligation
The Commission is earned and becomes payable upon the execution of a lease agreement between the Owner and a Tenant sourced through the Platform. This obligation persists even if the finalization of the transaction is conducted offline.
6.3. Remittance
The Landlord authorizes Tokkatok to either deduct the Commission from payments collected on the Owner's behalf or to issue an invoice for direct remittance within a specified period.
7. Prohibited Uses of the Platform
The User shall not utilize the Platform to:
- Engage in any unlawful or fraudulent activity.
- Disseminate false, misleading, or deceptive information.
- Impersonate any person or entity.
- Post or transmit any content that is abusive, obscene, or defamatory.
- Infringe upon the intellectual property rights of any third party.
8. Limitation of Liability and Disclaimers
8.1. Platform "As-Is"
The Platform is provided on an "as-is" and "as-available" basis, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2. Exclusion of Damages
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Platform or your interactions with other Users.
8.3. Dispute Resolution
Any disputes concerning the rental agreement itself must be resolved solely between the Landlord and Tenant, without recourse to the Company.
9. Indemnification
The User shall defend, indemnify, and hold harmless the Company, its affiliates, directors, and employees from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) your breach of this Agreement; or (c) your violation of any law or the rights of a third party.
10. Intellectual Property
The Company retains all rights, title, and interest in and to the Platform and its original content, features, and functionality. All trademarks, service marks, and logos used on the Platform are the property of their respective owners.
11. Governing Law and Jurisdiction
This Agreement shall be construed and enforced in accordance with the laws of the Republic of the Philippines. Any disputes arising from this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of the Philippines.
12. Amendments and Modifications
The Company reserves the right to modify this Agreement at any time. Notice of such changes will be provided by posting the updated terms on the Platform. The User's continued use of the Platform following any amendments constitutes acceptance of the new terms.
Contact Information
For questions about this user agreement - rental website feature, please contact us:
Email: legal@tokkatok.com
Phone: +63 912 345 6789
Address: 123 Ayala Avenue, Makati City, Metro Manila, Philippines 1226
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM (PHT)