PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT DETERMINES THE JURISDICTION AND AUTHORITIES ON MATTERS OF CONFLICT RESOLUTION, AS WELL AS THE APPLICABLE LEGISLATION.
BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
KLIKAPARTMENT reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. The provision of the service at the request of the User, implies the express acceptance of the Applicable specific terms and conditions.
The access, registration, browsing, use, storage and/or downloading of materials and/or use of the services of any Website and/or Content of KLIKAPARTMENT by minors (under 17 years) is prohibited. The User, while accessing or using any Website and/or Content of KLIKAPARTMENT declares to be at least 18 years of age.
KLIKAPARTMENT offers an Online Platform that connects Accommodation Tenant or property managers (hereinafter “Landlord/s”) with Tenant (as defined below), who wish to reserve such Accommodation for periods longer than one month (hereinafter, jointly, Services). These Services can be found on klikapartment.com and other websites and other devices, through which KLIKAPARTMENT offers its Services.
Klikapartment.com("we", “our” or “us”) are committed to protecting and respecting your privacy.
Information we collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our sites or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you subscribe to our services, search our sites, participate in social media functions on our sites, enter a competition, promotion or survey and when you report a problem with our sites. The information you give us may include, without limitation, your name, address, e-mail address, phone number and financial and credit card information (if so provided).
- Information we collect about you. With regard to each of your visits to our sites we may automatically collect the following information:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our sites (including date and time); information you viewed or searched for; page response times, download errors, length of visits to pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other services we offer that are similar to those on our sites;
- to notify you about changes to our service;
- to ensure that content from our sites is presented in the most effective manner for you and for your computer; and
- to provide you with information about goods, services or market updates we feel may interest you. If you are an existing subscriber, we will only contact you by e-mail or SMS with information about services similar to those which we have already provided to you. If you are a new subscriber we will contact you by e-mail or SMS if you have consented to this. Please contact us if you do not want us to use your data in this way.
- Information we collect about you. We will use this information:
- to administer our sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our sites to ensure that content is presented in the most effective manner for you and for your computer;
- to monitor your compliance with contracts entered into between you and us;
- to allow you to participate in interactive features of our service;
- as part of our efforts to keep our sites safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
- to make suggestions and recommendations to you about goods or services that may interest you.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
We may share your personal information with other member(s) of our corporate group from time to time (if any).
We may share your information with Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you or with analytics and search engine providers that assist us in the improvement and optimisation of our sites.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose or transfer your personal data to the prospective seller or buyer of such business or assets; or
In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
“Klikapartment Content” means all that which is provided by KLIKAPARTMENT via its Platform, Application and services, including any content authorised by a third party.
“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.
“Platform / Website” means any of the domains through which KLIKAPARTMENT allows the Users to use or browse the Online Platform.
“User” means any person who uses the Website owned by KLIKAPARTMENT.
“Tenant” means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Landlord/Landlord property manager of the same Accommodation.
“Verified PIC” means landlord or landlord property manager that has entered into an Agreement with KLIKAPARTMENT to be publish as an Advertisement for the Accommodation on the Platform, in order that a Tenant may make a reservation for the Accommodation via the Platform. Landlord or the landlord property manager may be either individuals or legal entities, or any other entity that is the landlord or manager to enter into a Lease Agreement for the Accommodation 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 Accommodation by the KLIKAPARTMENT staff, by Agreement between the KLIKAPARTMENT staff and the verified PIC, in order that it be made available for reservation on the Platform.
“Accommodation” means apartment or condos that the Landlord or landlord property manager publishes with KLIKAPARTMENT staff assistance on the KLIKAPARTMENT Website, in order that the Tenant may make an online reservation.
“Lease Agreement” means the Private Lease Agreement signed by the Landlord (as the lessor) and by the Tenant (as the lessee), to which KLIKAPARTMENT is not party.
“Move-in Date” means the date in which the Tenant indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.
“Move-out Date” means the date in which the Tenant indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“One time service Fee” means only one time payment service fee that which is paid by the Tenant to KLIKAPARTMENT when making a reservation for the Accommodation via the Platform and after the reservation has been confirmed by the Landlord/Landlord property manager.
“First Payment” means that which is transferred/paid through payment gateway platform by the Tenant when making a reservation for the Accommodation via the Platform and after the reservation has been confirmed by the Landlord.
“Booking Request” means that made by the Tenant to make a reservation for the Accommodation. This is done when clicking on the “Booking" button and after completing the reservation form. Both the Booking Request and the form are processed via email, along with all the requested information, by the Landlord or Landlord property manager receiving them. Also, the Booking Request contains the Move-in Date, the Move-out Date and the amount for the First Payment.
“Tax” or “Taxes” in these terms means if any Value Added Tax (VAT) and any other applicable municipal, autonomous community or state tax, will act exclude the price
“Price” means the final selling price of the accommodation
“Hot Offer” means offers for the accommodation with plus bonus or best value price or other benefits that the accommodation can offer at the very best deals
Move in Policy
After the Landlord/Landlord property manager has approved the reservation and KLIKAPARTMENT has sent confirmation of the reservation to both the Tenant and the Landlord/Landlord property manager, including the contact information for both parties, it will be the Landlord/Landlord property manager responsibility to provide any further instructions to the Tenant with regards to moving into the Accommodation.
The Landlord/Landlord property manager will ensure that the Accommodation reserved by the Tenantt is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms
Applicable policy for when a Tenant moves into the Accommodation.
The Tenant, within 24 hours after the Move-in Date, may inform KLIKAPARTMENT on the significant deficiency or inaccuracy of the Accommodation with only regards to the features indicated in the Advertisement, by sending an email to email@example.com, and stating the reservation number, while putting the Landlord/Landlord property manager in copy and attaching the necessarily visual evidences (photos and/or videos) of significant deficiency or the inaccuracy of the Accommodation with only regards to the features indicated in the Advertisement . Once the email has been received by the KLIKAPARTMENT staff, at its own discretion, the circumstances will be verified and assessed.
In terms Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.
In the event that the KLIKAPARTMENT staff deems that there is a significant deficiency, the Landlord/Landlord property manager will be given a period of 2 days work to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
If its not settled yet on 2 days work, KLIKAPARTMENT will provide the Tenant, at its own discretion, one of the following solutions:
- KLIKAPARTMENT staff will be responsible for looking for an Accommodation with only 3 option similar accomodation features, where the Tenant may accept or reject the Accommodation and Tenant should choose one of the 3 options presented as the offer. This possibility will depend on whether KLIKAPARTMENT can provide Accommodation with similar features. In the event the substitute Accommodation offered by KLIKAPARTMENT is less than the price of the previous reservation, KLIKAPARTMENT will pay the Tenant the difference between the new price and the price of the reservation.
- KLIKAPARTMENT staff will refund the Booking Fee to the Tenant.
In the event that the KLIKAPARTMENT staff considers that there is no Significant Deficiency and the Tenant cancels the reservation on the basis of unfounded reasons (at KLIKAPARTMENT's discretion), the Tenant will forfeit his/her Booking Fee of the First Payment, where the First Payment will be fully transferred to the Landlord/Landlord property manager.
KLIKAPARTMENT will only transfer the First Payment, minus the Service Fee and administration(if any), to the Landlord at least 1 day before the Move-in Date (that which is indicated on the reservation).
Lease Agreement signed between the Tenant and the Landlord/Landlord property manager.
KLIKAPARTMENT is not party to any Lease Agreement. This Agreement will be signed only by the Tenant and the Landlord/Landlord property manager and, accordingly, KLIKAPARTMENT will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Tenant and the Landlord/Landlord property manager . Furthermore, KLIKAPARTMENT will not be party to any negotiation regarding a bond or security deposit, required by the Landlord/Landlord property manager and made by the Tenant, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.
KLIKAPARTMENT advices that both the Tenant and the Landlord/Landlord property manager thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
Use of the platform and services
The Platform are used by the Tenant to make a reservation for Accommodation arrangements that are for a period longer than one month. Accommodation is published on the Platform by the KLIKAPARTMENT staff upon the request and approval of the Landlord or landlord property manager, through the use of the technology required for this purpose. KLIKAPARTMENT IS NOT A LANDLORD, MANAGER OR REAL ESTATE AGENT AND KLIKAPARTMENT DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
KLIKAPARTMENT’s responsibilities are limited to:
- a) Providing the Platform and services.
- b) Withholding the First Payment transferred by the Tenant to KLIKAPARTMENT, on behalf of the Landlord or Landlord property manager, once the Landlord or Landlord property manager has accepted the Booking request, so that the First Payment may be transferred to the Landlord after deducting the Service Fee plus Value Added Tax (VAT) (if any). KLIKAPARTMENT will not receive any additional payments after the reservation has been confirmed by the Landlord.Landlord property manager and, from that moment, the Landlord/Landlord property manager is solely responsible for collecting rent payments.
All Advertisements on the Platform and services are prepared and verified by KLIKAPARTMENT
Landlord or Landlord property manager will make an appointment with the KLIKAPARTMENT staff to take virtual walkthrough ,photos and to verify the main features of the Accommodation. The Landlord or landlord property manager agrees that the KLIKAPARTMENT staff may access the Accommodation for the purpose of taking virtual walkthrough, taking photos, taking videos or any other advertising material that KLIKAPARTMENT requires.
Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. KLIKAPARTMENT will not be responsible in any manner for any inaccuracies found on the floor plans.
The Landlord or Landlord property manager undertakes to provide all the necessary information requested by KLIKAPARTMENT, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.
Advertisements are prepared by a qualified and professional KLIKAPARTMENT staff member and at no time by the Landlord or Landlord property manager.
KLIKAPARTMENT guarantees the features of the Accommodation at the date in which they were verified by KLIKAPARTMENT. Tenant acknowledge that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by KLIKAPARTMENT at a time before the reservation. Nevertheless, the Landlord or Landlord property manager shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the advertisement, KLIKAPARTMENT reserves the right to withdraw the Advertisement for such Accommodation from the Platform and services.
IN THE EVENT THAT LANDLORD OR LANDLORD PROPERTY MANAGER USES ANY OTHER PLATFORM OR MEANS TO LEASE THE PROPERTY, KLIKAPARTMENT WILL REMAIN THE LANDLORD OR LANDLORD PROPERTY MANAGER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY FOR THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY KLIKAPARTMENT HOLDS THE RIGHTS FOR ITS USE. IN THE EVENT THAT THE LANDLORD, OR LANDLORD PROPERTY MANAGER, USES SUCH MATERIAL OWNED BY KLIKAPARTMENT WITHOUT HAVING WRITTEN CONSENT TO DO SO, KLIKAPARTMENT RESERVES THE RIGHT TO DEMAND THE CESSATION OF THE USE OF SUCH MATERIAL AND KLIKAPARTMENT RESERVES THE RIGHT TO CLAIM THE CORRESPONDING DAMAGES.
The Tenant, when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by KLIKAPARTMENT via KLIKAPARTMENT’s Platform, and KLIKAPARTMENT will provide detailed information about the Fees (see section on Fees), where the Tenants authorises such to be retained by KLIKAPARTMENT, in the event that the reservation is accepted by the Landlord or Landlord property manager, through the payment methods available on the Platform . Once this information is complete, the Tenant will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, KLIKAPARTMENT will then send a reservation request to the Landlord or Landlord property manager, who will have 24 working hours to either accept or reject the reservation. In the event that, after 24 working hours, KLIKAPARTMENT has not received a response from the Landlord or Landlord property manager, KLIKAPARTMENT will deem that the reservation request has been rejected.
When making a Booking Request via the Platform or Services, we will provide the Landlord or Landlord property manager with the following:
- a) Information on the Tenant: age, nationality, profession and any other information that the Landlord specifically requests.
- b) A link to the KLIKAPARTMENT webpage where the Accommodation is published.
In the event that the Landlord/Landlord property manager accepts the reservation requested by the Tenant, KLIKAPARTMENT will retain the First Payment and the Reservation Fee, and forward an email to both the Landlord/Landlord property manager and the Tenant confirming the reservation and put both the Parties in contact with each another. From this moment, the Landlord/Landlord property manager will be responsible for providing all the necessary information for the Tenant to access the Accommodation.
The Landlord/Landlord property manager acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.
Furthermore, the Landlord/Landlord property manager will ensure that after accepting a reservation ,the Landlord/Landlord property manager will:
- a) not infringe on any Agreement entered into with a third party and
- b) undertake (i) to be compliant with all laws, tax requirements and any other rule or regulation applicable to any Accommodation published in an Advertisement and (ii) to avoid any dispute arising on the basis of third-party rights.
KLIKAPARTMENT will not assume any liability for any breach, by the Landlord/Landlord property manager, of the applicable laws, rules or regulations. KLIKAPARTMENT reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that KLIKAPARTMENT deems to be challengeable before the courts law for any reason.
Both the Landlord/Landlord property manager and the Tenant acknowledge and agree that KLIKAPARTMENT shall not, in any way, act as an insurance agent or agent of any kind on behalf of the Landlord/Landlord property manager. Notwithstanding the foregoing, KLIKAPARTMENT acts as an intermediary authorised by the Landlord/Landlord property manager to exclusively accept and receive the First Payment from the Tenant for the reserved Accommodation and, after deducting the Service Fee, transfer such payment to the Landlord/Landlord property manager .
KLIKAPARTMENT shall provide the Landlord/Landlord property manager with certain information on the Tenant intending to make the reservation and who has provided and authorised the information for this purpose. Both the Landlord/Landlord property manager and the Tenant acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.
When a Tenant has made a Reservation for Accommodation and it has been approved by the Landlord or Landlord property manager, KLIKAPARTMENT will charge the Tenant the Service Fee , along with the First Payment. In the event that the Tenant cancels the requested reservation before it has been approved by the Landlord or Landlord property manager, no amount will be charged.
In the event that the reservation has been accepted by the Landlord or Landlord property manager and the Tenant cancels the reservation, the Reservation Fee will not be refunded by KLIKAPARTMENT to the Tenant.
After the Lease Agreement, or any other Agreement entered into between the Tenant and the Landlord/Landlord property manager, has been signed, it is the sole responsibility of the Landlord/Landlord property manager to collect rent payments from the Tenant. KLIKAPARTMENT shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
Release from liability
After KLIKAPARTMENT handover the tenant to Landlord/Landlord property manager and has already transferred the First Payment to the Landlord/landlord property manager, all legal and any other type of relationship between KLIKAPARTMENT and the Tenant and between KLIKAPARTMENT and the Landlord/Landlord property manager shall expire with regards to the reservation. KLIKAPARTMENT shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Landlord/Landlord property manager and the Tenant.
Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Landlord/Landlord property manager and the Tenant and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax, depending on the country or place of the transaction.
The minimum reservation period made via the Platform is for one month (30 days), where the Landlord/Landlord property manager may specify a longer minimum period.
The Landlord/Landlord property manager will decide the type of Contract that will apply to the Accommodation
When the Tenants makes a reservation that has been confirmed by the Landlord/Landlord property manager , he/she will make a transfer to Klikapartment for the First Payment and the corresponding One time service fee , via the payment methods available on the Platform.
The First Payment will be the booking fee of rental price to secured the unit in order to not offered to other tenant outside Klikapartment, which, and once the Tenant has settled in the Accommodation, it will be transferred to the Landlord as the payment corresponding to secure the unit accomodation
Damage to the accomodation
The Tenant is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Tenant and the Landlord/Landlord property manager acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. KLIKAPARTMENT will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Landlord/Landlord property manager and Tenant.
Termination of klikapartment account
KLIKAPARTMENT, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.
Please note that if the Advertisements are removed, KLIKAPARTMENT is not obliged to transfer the content of the Advertisements to any Landlord or Landlord property manager
Guarantee applicable for tenants
A) Waiving of the Cancellation Policy for Tenants in the case of Force Majeure
In the event that the Tenant cancels their reservation due to Force Majeure, Klikapartment will waive the Cancellation Policy for tenants and will reimburse the amount paid by the Tenants to Klikapartment minus administration(may vary depends on total amount paid to platform), providing that sufficient documentation has been submitted and the assessment will be made at the discretion of Klikapartment.
B) Cancellation of the reservation by the Landlord/Landlord property manager within 48 hours or before the move in date
In the event that the Landlord/Landlord property manager cancels the reservation within 48 hours or before the move in date in the accommodation, Klikapartment will pay the Tenant up to IDR 1.000.000 for accommodation at the Klikapartment's discretion , and the temporary accommodation 1-2 day before Klikapartment found the moreless match accommodation in the same city with moreless price with the previous accommodation booked will be choosed by Klikapartment provided that the following requirements are met:
- Klikpapartment has received the accommodation invoice.
- The accommodation is in the same city where the Tenant held the booking.
Force majeure terms
- Serious injury, illness or death of the user, first or second degree relative, a minor or handicapped person where the Tenant is the legal guardian or a colleague where the Tenant is the primary substitution.
- Serious damage to the accommodation..
- Official declaration of a disaster zone in the city where the accommodation is located.
- In the event of loss of or damage to the Premises due to natural disasters (typhoon, flood, earthquake, lightning, etc)
Applicable dispute resolution
- Klikapartment is not responsible for the Tenant activities in the accommodation occupied by Tenants which is rented by The Landlord/Landlord property manager . If during the period of stay the Tenants doing some trouble with criminal/civil law, Klikapartment is FREE from any claim of criminal/civil law and all of that is fully responsibilty of the Tenant .
- Any unsolved issues or questions of interpretation arising in connection with lease agreement dispute between Landlord/Landlord property manager and Tenant shall be settled by mutual agreement between Landlord/Landlord property manager and Tenant. If this is not possible, however, both Landlord/Landlord property manager and Tenant shall agree to settle the case in the Court of Central Jakarta, and (if any) needed klikapartment will only act as platform provider only and not a witness.
- The Laws of the Republic of Indonesia shall govern this Agreement.
Under certain circumstances Klikapresidenartment as platform will provide Guarantee to users without any need for the user to opt-in or select the coverage in any way.
KLIKAPARTMENT RESERVES THE RIGHT TO WITHDRAW OR MODIFY THIS POLICY AT ANY TIME. We recommend you carefully read these Terms and Conditions regularly to inform yourself of any modifications.
The Guarantee is an additional service that Klikapartment offers users and which will only be applied when the company deems it appropriate and provided that all the conditions in the relevant section have been met.