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.|
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.
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.
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.
To keep the Premises in good and tenantable repair
No subletting and no removal of Effects
Usage of Premises
Comply with all laws including but not limited to immigration laws
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.
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.
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.
Expiry or earlier termination of agreement
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.
Removal of Effects
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.
Abandonment of Premises
To limit the number of occupants in the Premises
Keep the Premises and the Common Areas in clean and sanitary condition
Not to smoke
Obtain consent for overnight guests and gatherings
Full and frank disclosure
To keep the Premises and any attached bathroom in sanitary condition
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.
The Member shall download and utilise the Hmster App for all communications with the Landlord.
To provide maintenance of all air-conditioning units in the Premises as per legal requirements.
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.
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.
To obtain and maintain appropriate fire insurance to cover the Premises.
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.
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.
For the duration of the Term to provide the Member with information and administrative support services ancillary to the Agreement.
|No.||Do||How and what|
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).
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.
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.
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.
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.
Destruction of Premise
Cancellation of the Agreement prior to commencement of Term
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.
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.
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.
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.
Third party rights
A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce any provision of the Agreement.
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.
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.
Governing law and jurisdiction
The Agreement shall be construed according to the laws of the Republic of Singapore and the Parties herein submit themselves to the non-exclusive jurisdiction of the Singapore courts.
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.
|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.|