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GENERAL TERMS & CONDITIONS (“T&Cs”)

1.This T&Cs form part of the agreement to rent (”Agreement”) between the member (”Member”) and Hmlet entity (”Landlord”) and have the same force and effect as if expressly set out in the Agreement.
2.Capitalised terms used in the T&Cs shall have the same meanings ascribed to them in the Agreement unless otherwise defined in the T&Cs.
3.In the event of any inconsistencies between the T&Cs and the Agreement, the provisions of the Agreement shall take precedence. Hmlet, the ”Landlord” reserves the right to impose a penalty to the ”Member” for any breaches of the below T&C.
4.MEMBER OBLIGATIONS
No.DoDetails

4.1.

Pay Rent

  1. First month’s Rent is due prior to move-in date and to be received by the Landlord together with the Registration Fee and Security Deposit.

  1. Each monthly Rent is payable in advance, upon receipt of invoice and to be received before the first day of the calendar month.

  1. Calculation of Rent shall begin from the first day of the calendar month and shall end on the last day of that calendar month.

  1. For Agreements that commence on any other day than the first day of the calendar month, the Rent for that month shall be prorated for such period.

  1. For Agreements that expire or are terminated on any day other than the last day of that calendar month, the Rent for that month shall be prorated for such period.

  1. The payment should be made in the currency billed and received in the full amount billed.

4.2.

Security Deposit

The Security Deposit shall be held by the Landlord as security for any claims that the Landlord may have against the Member pursuant to the Agreement and/or for the Member’s breach of any of its obligations under the Agreement.

4.3.

Pay any additional utilities charges

If the total monthly utilities bill for the rented space exceeds the sum of the utilities cap (as indicated in the Additional Services section of the Member Agreement, the Landlord shall notify the Member of the same in the following month’s invoice, and the Member shall be liable to bear the excess amount in full and pay upon receipt of invoice.

4.4.

Pay costs of minor repairs

As per clause 4 in the MA, the member must notify the Landlord of any damage and reimburse the Landlord for the cost of making good such damage. Where the damage is not caused by the Member, the Member is to be responsible for all minor repairs and replacement of parts and other expendable items at its own expenses up to the minor repair clause. For any repair or replacement exceeding the minor repair clause amount per part/item, the Landlord shall bear the amount in excess.

4.5.

To keep the Premises in good and tenantable repair

  1. To keep the interior of the Premises and Common Areas including the flooring, walls, ceiling, drains and sewerage, and the Effects, and Landlord’s fixtures, fittings and furniture in the Common Areas, in good and tenantable repair and condition during the Term and upon handing over the Premises after the expiration or earlier termination of the Agreement.

  1. To immediately notify the Landlord of any damage to the walls, structure, mains, drains, water, gas and sewerage and pipes in the Premises or Unit arising from and/or incidental to any cause whatsoever of which the Member has knowledge.

  1. The Member agrees to make good to the satisfaction of the Landlord any damage or breakage caused to any part of the Premises, Common Areas, Effects and/or the Unit, fair wear and tear excepted, if any damage or breakage occurs as a consequence of any neglect or malicious act or default of the Member and/or its agents, invitees and/or guests. Failure by the Member to make good any damage or breakage caused shall cause the Member to be liable to the Landlord for damages.

4.6.

Alterations

  1. Not to make or permit to be made any alteration, renovation or addition to the internal construction or arrangement or to the appearance of the Premises or the Unit without first obtaining the written consent of the Landlord.

  1. Upon expiry or earlier termination of the Agreement if requested by the Landlord, the Landlord shall remove all such alterations or additions and restore the Premises or Unit to its original state and condition at the expense of the Member.

4.7.

No subletting and no removal of Effects

  1. Not to assign, sublet, agree or in any way, dispose of or part with possession of the Premises, the Common Areas, the Unit and/or the Effects, or any part thereof.

  1. If the Member is found to be in any breach of this provision, it shall be construed to be a repudiatory breach of the Agreement on the part of the Member and the Landlord shall be entitled to terminate the Agreement by giving the Member 24 hours’ written notice.

  1. If the Landlord terminates the Agreement in the manner aforesaid, the entire remaining Security Deposit shall be forfeited to the Landlord.

  1. The Member hereby acknowledges that the Security Deposit forfeited represents the Landlord’s genuine pre-estimate of the Losses suffered by the Landlord from the termination of the Agreement due to the Member’s breach of this provision.

4.8.

Usage of Premises

  1. Strictly to use the Premises, the Common Areas and/or the Unit, or any part thereof for residential purposes only and not for any other purpose, including but not limited to any unlawful or immoral purpose.

  1. Further, the Member shall not deviate from the permitted use herein or permit the Premises, the Common Areas and/or the Unit to be used for any other purpose (e.g. office, retail, industrial, trade purposes, etc).

  1. The Member shall not do or permit to be done upon the Premises, the Common Areas and/or the Unit anything which is against the law, anti-social, or which may be or become a harassment, nuisance or annoyance to or in any way interfere with the quiet or comfort of the other occupants of the Unit, building or neighbourhood.

  1. Any breach of this provision shall be construed to be a repudiatory breach of the Agreement on the part of the Member and the Landlord shall be entitled to terminate the Agreement by giving 24 hours written notice to the Member and forfeit partial or full security deposit based on the Landlord consideration as a result of the breach.

  1. Strictly to keep the noise level down at a permissible level between the hours of 10.00PM to 8.00AM so as not to cause a sound nuisance to or in any way interfere with the quiet or comfort of the occupants of the apartment, of the adjoining buildings or any other adjoining occupiers of the neighbourhood. In the event that the member causes a sound nuisance or does not comply with any of the local authorities or the Miscellaneous Offences Act, penalties will apply. If the unit is occupied by more than one member and the occupant causing the sound nuisance is not identified, the penalty will be equally split among all members.

4.9.

Comply with all laws including but not limited to immigration laws

  1. To provide the Landlord, prior to the commencement of the Agreement, all identification, immigration and employment documents, including but not limited to the passport of all non-local occupants, the employment pass and/or work permits, and proof of employment in certified true copies.

  1. To hold during the term a valid pass or permit from the country where the member is residing for his/her continued presence, employment and/or residence. The member shall share by email to member experience an updated copy of their valid pass or permit before the expiry date, as soon as such is renewed.

  1. The Member shall not at any time permit any person illegally arriving, entering or remaining in the country to occupy, reside in or enter the Premises in contravention of the laws.

  1. If the immigration, employment, work or other pass(es) permitting the Member to stay in the country is cancelled or is about to be cancelled, the member must inform the Landlord in writing no less than ten (10) days prior to such cancellation. If such cancellation cannot be anticipated, to inform the Landlord immediately upon receipt of such notice.

  1. The Member shall not permit any foreign workers or foreigners to stay in the Premises or the Unit without first ensuring that the said foreign worker or foreigner has obtained the requisite permits from the relevant authorities and that the member has received Hmlet approval.

  1. If at any time during the Term any prohibited immigrant is found on the Premises, it shall be construed to be a repudiatory breach of the Agreement on the part of the Member and the Landlord shall be entitled to terminate the Agreement by giving 24 hours’ written notice to the Member.

  1. If the Agreement is terminated in this manner, the Security Deposit shall be forfeited to the Landlord to the extent required to compensate the Landlord for the Losses suffered by the Landlord as a result of such breach including but without limitation the loss of rental income during the time taken to find a replacement tenant, and fines payable by the Landlord, etc., without prejudice to the Landlord’s right to claim additional moneys from the Member should the Security Deposit be insufficient to cure such breach and without prejudice to any right of action of the Landlord in respect of any antecedent breach of the Agreement by the Member.

  1. The Member hereby acknowledges that the Security Deposit forfeited represents the Landlord’s genuine pre-estimate of the Losses suffered by the Landlord arising from and/or incidental to the Member’s breach of this provision.

4.10.

Comply with all rules, regulations and by-laws

To comply with any and all rules, regulations, by-laws of the Management Corporation (if and when it has been formed) and the Landlord relating to the management, safety, administration, security, and other matters in respect of the Premises and/or Unit, and the development where the Premises and/or Unit is situated.

4.11.

Materials of dangerous or explosive nature, etc

Not to store or bring upon the Premises, Common Area and/or Unit or any part thereof, any arms, ammunition or unlawful goods, gun-powders, saltpetre, chemicals, petrol, kerosene, gas or any goods or things which in the opinion of the Landlord are of an obnoxious, dangerous or hazardous nature, or any explosive or combustible substance or keeping of which may contravene local rules, regulations or by-laws.

4.12.

Permit entry to the Premises

To permit the Landlord (and its agents), real estate agents, prospective purchasers, prospective tenants, employees, surveyors and workmen (if any) to enter upon the Premises at reasonable times (between the hours of 9:00 am to 8:30 pm) by prior appointment and upon giving the Member at least 12 hours’ notice of the same for the viewing the Premises for the purpose of sale or letting the same, the viewing the condition of the Premises and/or the doing of such works as may be required for any repairs thereto.

4.13.

Expiry or earlier termination of agreement

  1. At the expiry or the earlier termination of the Agreement, peaceably and quietly deliver to the Landlord the Premises and Effects in good and tenantable repair and condition, fair wear and tear exempted, with locks and keys complete.

  1. The Member is to ensure that the Premises and Effects are delivered up and reinstated to the condition it was handed over to the Member at the start of the Term, failing which the Landlord shall reinstate the Premises and Effects and deduct the costs of the same from the Security Deposit.

  1. If the Member continues to occupy the Premises beyond the expiry or earlier termination of the Agreement or fails to deliver vacant possession of the Premises to the Landlord after the expiry or earlier termination of the Agreement, the Member shall pay to the Landlord two times the amount of pro-rated Rent until possession or vacant possession (as the case may be) is given. Such holding over shall not constitute an extension of the Term.

  1. During such holding over, all provisions of the Agreement with necessary changes shall apply. The inclusion of this provision shall not be construed as the Landlord’s consent for the Member to hold over, nor shall it be construed to be an extension of the Term.

4.14.

Use and maintenance of air-conditioning units

To ensure that the air-conditioning units are used responsibly and in accordance with best practices which shall include ensuring that all windows and doors are shut prior to and during the use of the air-conditioning units, and to always turn off the air-conditioning units when they are not in use or when the Member is not at home.

The regular aircon maintenance shall be covered by the Landlord as detailed in Schedule 1 of the Member Agreement. The landlord will inform the member in advance of the date and time of the maintenance for the member’s presence in the unit, when required.

Any issue with the aircon units due to mis-usage will be covered by the member and can be reported through the Hmlet App.

4.15.

Removal of Effects

  1. Not to remove the Effects or anything in the Common Areas and the Unit without the written consent of the Landlord.

  1. Any removal of the Effects or anything in the Common Areas and the Unit without the written consent of the Landlord shall be construed to be a repudiatory breach of the Agreement on the part of the Member and the Landlord shall be entitled to terminate the Agreement by giving 24 hours’ written notice to the Member.

  1. If the Member breaches this provision, the Member shall indemnify, defend and hold the Landlord harmless from and against any and all Losses arising from and/or incidental to the Member’s failure to observe this provision. The Landlord shall be entitled to apply the Security Deposit or part thereof to the extent necessary to remedy the breach of this provision, which shall include without limitation the purchase of replacement similar or the same Effects.

4.16.

Removal of Member’s possessions

Upon the expiry or earlier termination of the Agreement, the Member is to remove any and all of his/her possessions or property from the Premises and/or Unit. If the Member fails to remove any and all of his/her possessions or property from the Premises and/or Unit, the Landlord shall be entitled (upon giving the Member reasonable notice) to remove and or dispose of the possessions or property in the Premises and/or Unit and may charge a removal fee at the discretion of the Landlord. If the Landlord incurs a removal fee, the Landlord shall be entitled to deduct such removal fee from the Security Deposit.

4.17.

Abandonment of Premises

  1. Not to abandon or vacate the Premises during the Term. If the Member does abandon or vacate the Premises for more than seven (7) days while still in arrears, the Landlord may elect to terminate the Agreement by way of written notice to the Member at any time prior to the Member reoccupying the Premises without prejudice to any rights or remedies the Landlord may have.

  1. Should the agreement be terminated in this manner, the Landlord shall be entitled to utilise any remaining Security Deposit in satisfaction of the arrears, without prejudice to its right to sue for any unrecovered damages.

4.18.

To limit the number of occupants in the Premises

  1. Pursuant to the applicable laws in force, the Member shall not allow more than two persons (or any other limits as set or amended by applicable laws in force) to reside in the Premises (including himself/herself) at any time.

  1. If the Member is found to be in breach of this provision, the Member shall be construed to be in repudiatory breach of the Agreement and the Landlord shall be entitled to terminate the Agreement by giving 24 hours written notice to the Member.

4.19.

Keep the Premises and the Common Areas in clean and sanitary condition

  1. To keep the whole of the Premises and the Common Areas in clean, proper and sanitary condition, and to comply with all obligations imposed upon the Member under the applicable rules and regulations materially affecting health and safety with respect to the Premises and Effects, and to indemnify and to hold the Landlord harmless from all fines, penalties and costs for violations or non-compliance by the Member with any said laws, requirements or regulations, and from all liability arising out of any violations or non-compliance.

  1. In the event of pest infestation of the Premises, Common Areas and/or Unit, where such infestation is caused and/or contributed to by the Member, the Member shall without delay engage a reputable pest control company, from the Landlord’s approved list of contractors to be provided to the Member upon the Member’s request, to exterminate the pests. The Member shall bear the costs (solely, in the case where the infestation is caused by or contributed to by one Member; or equally, in the case where the infestation is caused by or contributed to by more than one Member) of engaging such contractor.

  1. To ensure that the kitchen dishes, cooking utensils and appliances are adequately washed, cleaned and stored, where applicable, after use of the same.

  1. To ensure that all the rubbish is disposed of daily and placed in the rubbish bin provided by the Landlord. When the rubbish bin is full, to ensure that the rubbish is disposed of at the disposal area provided by the development. If any recycle bins are provided in the building, they are to be used accordingly by the member.

  1. Not to dispose of any unwanted items outside of the Unit or in the development except at the designated disposal area.

4.20.

Not to smoke

  1. Not to smoke or permit anyone to smoke in the Premises, Common Area and/or the Unit. Except for the designated smoking area(s), if any, smoking is prohibited throughout the entire development, including but not limited to hallways, stairways, foyers, common rooms, common areas, common facilities, decks, patios, exterior landings, front steps, entrance ways, roof tops, fire escapes, basements, storage areas, parking areas, driveways, walkways, lawns, gardens, adjoining grounds and building facilities. If the member is living on their own or renting a bedroom with a private balcony, smoking may be exceptionally allowed with prior Hmlet approval. Hmlet’s approval will also involve agreement by flatmates if the member is in a shared unit.

  1. If the Landlord’s investigations conclude that the Member or his/her guests have smoked in the Premises or the Unit, "fines will be applied" and the costs to the Landlord for cleaning up after the smoking has occurred shall be borne entirely by the Member. For the avoidance of doubt, the cleaning fees above do not absolve the Member from any and all fines and other consequences as set out under applicable laws and/or the development’s by-laws.

4.21.

Obtain consent for overnight guests and gatherings

  1. In the case of a Master Bedroom or living privately, the Member shall obtain the Landlord’s written permission to allow an additional person, not being the Member, to stay overnight for not more than a period of six (b) nights (which period shall in no circumstances be allowed to be extended) with full observance of all by-laws and Hmlet House rules followed. The legal maximum number of occupants in the premise should by no circumstances be exceeded.

  1. In the case of a Master Bedroom or living privately, if the Member has a guest who requires to stay in the Premises in excess of the Member’s entitlement aforementioned, additional written permission from the Landlord must be received in writing.

  1. Permission to stay, if granted, will cause the Member to be liable for guest staying additional fees that will be informed in advance by the Member Experience team.

4.22.

Full and frank disclosure

  1. The Member hereby acknowledges and agrees that the Landlord is entering into the Agreement in reliance of the representations and warranties given by the Member under the Agreement, and that such representations and warranties are true and accurate in all respects.

  1. If the Landlord subsequently discovers that any representation or warranty given by the Member under the Agreement is false, incorrect or misleading, it shall be construed as a repudiatory breach of the Agreement on the part of the Member and the Landlord shall have the right to terminate the Agreement.

  1. If the Agreement is terminated in this manner, the Security Deposit shall be forfeited to the extent required to compensate the Landlord for the Losses suffered by the Landlord as a result of such breach including but without limitation the loss of rental income during the time taken to find a replacement tenant, without prejudice to the Landlord’s right to claim additional moneys from the Member should the Security Deposit be insufficient to cure such breach and without prejudice to any right of action of the Landlord in respect of any antecedent breach of the Agreement by the Member.

4.23.

To keep the Premises and any attached bathroom in sanitary condition

  1. The Member shall keep the Premises and any attached bathroom or common bathroom, where applicable, in a reasonably clean, proper and sanitary condition.

  1. Should the Landlord find that the Premises and/or any attached bathroom or common bathroom (where applicable) has been kept in an unclean, improper and unsanitary state, the Landlord shall provide to the Member proof of the same, and the Landlord and/or its contractors shall be entitled to enter the Premises and/or said bathroom to conduct a cleaning of the same and Member shall be liable for the cost(s) of such cleaning.

4.24.

To properly reinstate Common Areas upon use

To reinstate, tidy, clean up the Common Areas in the Unit including the kitchen, living room and dining room upon use of the same.

4.25.

Communications

The Member shall download and utilise the Hmster App for all communications with the Landlord.

5.LANDLORD OBLIGATIONS
No.DoDetails

5.1.

Air Conditioning

To provide maintenance of all air-conditioning units in the Premises as per legal requirements.

5.2.

Furniture

To provide basic furniture in the Premises and Common Areas and to repair or replace any furniture that is damaged through fair wear and tear.

5.3.

Appliances

  1. To provide shared appliances in the Common Areas and to repair or replace any appliances that are damaged through fair wear and tear. Any repair or replacement of such appliances shall be made at the Member’s expense should the damage be caused by the misuse or intentional damage by the Member or his/her guests.

  1. In the event the shared appliances and Effects are damaged, fair wear and tear excepted, the Members residing in the Unit shall be equally responsible for payment of the same.

5.4.

Kitchen

For coliving units, to provide basic utensils and to repair or replace any such items that are broken or missing, provided that the damage is caused by fair wear and tear. Any repair or replacement of such items shall be made at the Member’s expense should the damage be caused by misuse or intentional damage by the Member or his/her guests.

5.5.

Fire insurance

To obtain and maintain appropriate fire insurance to cover the Premises.

5.6.

To keep in good tenantable repair and condition

To keep the interior of the Premises and Effects in good tenantable repair and condition (unless damaged by the fault or negligence of the Member), and to remedy leakage at any part of the Premises.

5.7.

Provisions of Agreement

Should the Landlord assign or otherwise dispose of its interest in the Agreement or the Premises, where applicable, the Landlord shall ensure that all persons to whom they assign or dispose their interest to have been made aware of the existence and provisions of the Agreement and have agreed to be bound to the same prior to such assignment or disposal.

5.8.

Support

For the duration of the Term to provide the Member with information and administrative support services ancillary to the Agreement.

5.9.

Master lease

  1. If the master lease with respect to the Premises or Unit (“Master Lease”) is terminated for any reason, then the Agreement shall be terminated, and the Parties shall be relieved of any further liability under the Agreement subject to para b. below.

  1. If the Master Lease was terminated as a result of a default or breach by the Landlord or the Member under the Agreement, then the defaulting Party shall be liable to the non-defaulting Party for any Losses suffered as a result of such termination of the Master Lease.

  1. Notwithstanding the foregoing, if the Master Lease gives the Landlord any right to terminate the Master Lease in the event of partial or total damage, destruction, or condemnation of the Unit or the building or the development of which the Unit is a part of, then the exercise of such right by the Landlord shall not be construed as a default or breach of this provision.

  1. Should the Unit be affected by en-bloc redevelopment it shall be lawful for the master lessor to terminate the Master lease, thereby causing the Agreement to terminate. In such a case, the Landlord shall give the Member 30 days’ written notice and upon such termination the Parties shall be relieved of any further liability under the Agreement.

  1. If the Master Lease is terminated for any reason, the Landlord shall notify the Member and has the right to offer the Member an alternative premise for the remainder of the Term on a best efforts basis. This is subject to the Member’s consideration and acceptance of such alternative arrangement and changes to Rent (if any). If the Member is not agreeable to the alternative provided and changes to the Rent (whichever applicable), the Member has the right to terminate the Agreement without any penalty.
6.MISCELLANEOUS
No.DoHow and what

6.1.

Losses

For the purposes of the Agreement, “Losses” shall mean claims and demands, actions, suits, proceedings, investigations, losses (direct or consequential), damages (including any ordinary, direct, indirect, consequential, incidental, special, punitive or exemplary damages), expenses, disbursements, charges and costs (including legal costs on a full indemnity basis) inclusive of all duties and tax including any goods and services tax and all other liabilities of any kinds or nature or description whatsoever and howsoever arising (whether directly or indirectly).

6.2.

State of Premises

Unless the Member provides to the Landlord 14 days’ prior written notice to the contrary, the Parties agree that the premise is in good and tenantable condition.

6.3.

Right to re-entry

If the Rent hereby reserved shall not be paid for 14 days after its due date, the Landlord shall be entitled to re-enter upon the Premises and thereupon the Agreement shall immediately and absolutely terminate but without prejudice to any right of action of the Landlord for Losses in respect of any such breach or any antecedent breach.

6.4.

Effect of Termination

If the Member breaches any of the conditions, covenants, or stipulations on the part of the Member under the Agreement, the Agreement shall immediately and absolutely terminate but without prejudice to any right of action of the Landlord for Losses in respect of any such breach or any antecedent breach, upon the Landlord serving written notice of termination, the Member shall deliver possession or vacant possession (as the case may be) within 24 hours from such time of service of the notice of termination, failing which the Landlord shall be entitled to exercise is right to re-enter the Premises.

6.5.

Exclusion of liability

The Landlord shall not be liable to the Member, the Member’s invitees, other persons in the Premises or persons calling upon the Member for any accident or injury, or damage to or loss of any chattel in the Premises and/or the Unit, unless caused by the breach, gross negligence or wilful act of the Landlord.

6.6.

Destruction of Premise

 

  1. If the Premises or the Unit is damaged or destroyed by fire, lightning, riot, tempest or other unforeseen circumstances; or becomes inaccessible or unfit for the quiet use and enjoyment of the Member; or without the Member being in default otherwise becomes unfit for habitation; the Member shall be entitled to either terminate the Agreement forthwith, or choose to continue the Agreement with the Member paying a fair proportion of the Rent hereby reserved according to the nature and extent that the Member has been deprived of the use and benefit of that part of the Premises and Effects or part thereof.

  1. Such apportioned Rent, if cannot be agreed upon, shall be fixed by a reputable mutually agreed valuer (whose decision shall be final) to be appointed by the Landlord. The costs of the engagement of the valuer for the aforesaid purpose shall be borne equally between the Landlord and the Member.

6.7.

Cancellation of the Agreement prior to commencement of Term

  1. If the Member serves a notice to cancel the Agreement less than 45 days before the commencement of the Agreement, the Member shall forfeit the entire Security Deposit.

  1. The Member acknowledges that the forfeiture of the Security Deposit represents a genuine pre-estimate of the Losses suffered by the Landlord in such circumstances.

6.8.

Notices

Any notice served under or in connection with the Agreement shall be sufficiently served in writing on the Member if communicated to the Member on the Hmlet App, by hand, courier, or registered post to the Member at the Member’s address or emailed to the Member’s email address (both as set out in the Agreement), and shall be sufficiently served on the Landlord in writing if received by the Landlord on the Hmlet App, delivered to the Landlord by hand, courier, or registered post to the Landlord’s address, or received by the Landlord on its email address (both as set out in the Agreement). For the avoidance of doubt, ‘WhatsApp’ and other forms of internet-based communication (save for email) shall not be construed as either Party providing proper notice. Should a notice be filed, sufficient notice of at least thirty (30) days, unless specified otherwise, must be given by and to either Party.

6.9.

Landlord’s rights to withhold consent

If under the Agreement, the consent or approval of the Landlord is required for any action, the Member must obtain the written consent or approval of the Landlord before starting to take that action and the Member acknowledges that the Landlord’s consent or approval may be given or withheld by the Landlord in its absolute discretion and upon such terms and conditions as the Landlord deems appropriate.

6.10.

Severability

If any one or more provisions contained in the Agreement are deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired.

6.11.

Waiver

No waiver by the Landlord of any breach of any term, covenant, condition, stipulation, obligation or provision contained or implied in the Agreement shall operate as a waiver of another breach of the same or of any other term, covenant, condition, stipulation, obligation or provision contained or implied in the Agreement.

6.12.

Third party rights

A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) to enforce any provision of the Agreement.

6.13.

Costs

The Member shall pay to the Landlord on an indemnity basis all Losses which the Landlord may incur in connection with the enforcement of any provision of the Agreement.

6.14

Pets

You may not keep any pets at the Premises without prior written permission of the Landlord. If permission is granted by the Landlord, a pet agreement, separate to this contract, will be signed between the Landlord and the Member. The member must comply with all the terms and conditions set out in such separate pet agreements.

6.15

Governing law and jurisdiction

The Agreement shall be construed according to the laws of the country where the member will reside with Hmlet and the Parties herein submit themselves to the non-exclusive jurisdiction.

6.16

TOP of new properties

For new properties under construction or renovation, the MA start date is subject to the building completion or TOP date which is a decision made by the relevant authorities. If the building completion or TOP date is after the MA start date, this will be communicated to the member as soon as practically possible. Hmlet accepts no liability or damages for any delays in the building completion or TOP date, as these are matters in the control of the relevant authorities. Members will be allowed to either change the MA start date with no penalty fees or be provided alternative Hmlet accommodation for the waiting period.

6.17

MCST Responsibility

For units where Hmlet does not operate the entire building, the condominium management is operated by MCSTs. In such cases, the MCSTs are responsible for the building facilities, common areas and other features outside of the premises/ apartments and; therefore, Hmlet has no control nor will take responsibility for such.

7.DATA: COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
7.1.The Member acknowledges that a substantial amount of the Member’s personal data may be collected by the Landlord in order to comply with he details of entering into the Agreement.
7.2.The personal data collected includes but is not limited to demographics, room preferences, personality traits, personal preferences, background information, employment records, nationality, immigration status, age, marital status.
7.3.The Member hereby grants the Landlord the right to collect, use, disclose or transfer the Member’s personal data in the course of performing the Agreement and/or in the course of its business. Use of the personal data will include but is not limited to the use of analytics to acquire experiential knowledge of its members’ use of the experience it hopes to foster amongst its members.
7.4.The Landlord shall ensure that the Member’s personal data in its control or possession is protected by making reasonable security measures to prevent the unauthorised or accidental access, collection, use, disclosure, copy, modification, disposal or destruction of the Member’s personal data, or other similar risks.
7.5.The Landlord shall provide to the Member with access to the Member’s personal data that the Landlord has in its possession or control, as soon as practicable upon the Member’s written request.
7.6.The Landlord shall put in place adequate measures to ensure that the Member’s personal data in its possession or control remain or is otherwise accurate and complete. The Landlord shall take steps correct any errors in the Member’s personal data, as soon as practicable upon the Member’s written request.
7.7.The Landlord shall not retain the Member’s personal data for any period of time longer than is necessary to serve the purposes of the Agreement and/or for its business. The Landlord shall, upon request of the Member, return to the Member all the Member’s personal data or delete all the Member’s personal data in its possession, and after returning or deleting all the Member’s personal data, provide the Member with written confirmation that it no longer possesses any of the Member’s personal data, provided that the Member’s personal data is no longer necessary. Where applicable, the Landlord shall also instruct all third parties to whom it has disclosed the Member’s personal data for the purposes of the Agreement to return to the Landlord or to delete such Member’s personal data.
8.SECURITY AND DATA PROTECTION
8.1.Hmlet may operate CCTV system at our properties communal spaces that are clearly identified at our residential developments for the purpose of public safety, security and the prevention of crime.
8.2.For developments with CCTV, data will be recorded and process according to the prevailing Personal Data Protection Act.
8.3.It shall be unlawful for any unauthorized person to refocus, reposition, cover, manipulate, disconnect, or otherwise tamper with or disable a security or surveillance camera or security system.
8.4.Any breach in the above section, shall result in the termination of contract and eviction of member within 24hrs and forfeiture of deposit shall apply.