Thank you for your interest in PenguinShare.my, an online platform for Users to view, rent, or post Rental Listings and other Content, subject to the following Terms of Use. By using the Service in any way, you agree to comply with the Terms of Use and other PenguinShare Policies. In addition, when using particular Services, you agree to abide by any applicable posted guidelines for all Services, which may change from time to time. Should you object to any term or condition, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. We have the right, but are not obligated, to strictly enforce the Terms of Service and other Policies through self-help, community moderation, active investigation, litigation and prosecution.

 

  1. Definitions

By “Terms of Use,” we refer to the terms set forth herein.

By ”User”, we refer to all individuals or entities that access the site, whether the user is a Member or not.

By ”Member”, we refer to all individuals or entities that are registered on the Site in order to use its Services.

By “Site” we refer to http://www.penguinshare.my, including any subdomains, and any replacement or successor URL, or portions thereof, (hereinafter referred to as “Site”).

By ”Member Account”, we refer to the private area reserved for each member. It is accessible via a password and contains personal information regarding the member.

By ”Owner”, we refer to each Member who lists at least one item for rent, using the Site.

By ”Renter”, we refer to each Member who rents an item on the Site.

By ”Rental Agreement”, we refer to the agreement made between the Owner and the Renter, obligating the Owner to transfer the usage of the item, and obligating the Renter to pay in exchange an amount, determined in advance or defined by the rental agreement.

By ”Payment”, we refer to the payment made by the Renter to the Owner in order to enjoy usage of the item.

By ”Rental Listing”, we refer to the information published by the Owner posting an item available for rent (“Item”).

By ”Item Request”, we refer to the request made by a Renter to rent a particular Rental Listing.

By ”Acceptance of the Reservation or Item Request”, we refer to the online acceptance by the Owner of an Item Request made by a Renter for a particular rental item.

By “Personal Information”, we refer to any personally identifiable information collected through the Site about the member, including but not limited to the individual’s name, address, and telephone number.

By “Services”, we refer to the Services that we offer through the Site, including but not limited to providing an online platform to view, rent, or post Rental Listings and other Content.

By “Content”, we refer to Rental Listings, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Site.

By “Policies”, we refer to all  policies of ours.

By “PenguinShare”, “we”, ”us”, “our”, We refer to the owner(s) and/or administrator(s) of the Site, its officers, directors, agents, subsidiaries, joint ventures or employees, or anyone acting on its behalf.

By “Price” We refer to the financial payment given to the Owner by the Renter in order to gain use of the Item.

 

  1. Website Description
    • PenguinShare is not a party to any Rental Agreement – PenguinShare does not itself offer any rental services. The site is an online platform only, designed for the purpose of putting people who want to rent things in touch with people who have things to rent. We never intervene in the transaction between the Owner and the Renter. PenguinShare cannot thus be considered part of the Rental Agreement between Members of the Site.PenguinShare exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Listings, or over the ability of Owners to rent the Items listed or over the ability of Renters to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction.Any security deposits or guarantees required by the Owner in whatever form, remains the sole responsibility of the Renter and Owner. PenguinShare is not responsible for the collection, retention, or refunding of any security deposit, for the control of the exact identity of the Owner and the Renter, or for collecting money owed by the Renter to the Owner or by the Owner to the Renter.
    • Public v. Private Areas – The Site contains an area open to the public and a private area accessible only by Members.The public area allows access to the Members’ Rental Listings. The private area is the part of the site that is accessible only after Member authentication. Members must enter his/her password to enter the private area. The private area allows Members to:
      • Access Personal Information;
      • Create and manage Rental Listings;
      • Make Item Requests;
      • Publish comments;
      • Provide access to collaboration tools
      • Create an alias (user name) to be identified on the Site.
  2. Conditions of Registration and Membership Status – Our Services are reserved to persons lawfully capable, or authorized to be part of a rental contract in Malaysia. Our services are not available to minors. You agree that you must be legally an adult to use our services. If you do not comply with these conditions, you cannot use our services. In addition, we reserve the right to suspend or close Member Accounts without notice for any reason, including, but not limited to:
    • Violation the Terms of Use, or other Policies ;
    • Inability to identify, verify or authenticate the origin of a Rental Listing;
    • Making false statements;
    • Diffusion of confidential, illegal or offensive content (For example, pornography, libel, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred);
    • Breaches in moral standards;
    • Use, copying or diffusion of copyright protected works without express authorization ;
    • Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc);
    • Diffusion of unsolicited commercial messages (“Spam”).
    • You will not hold us (including our company, officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a Member Account.The Member Account is personal and cannot be transferred to a third party.The Member commits to keep confidential the password he or she chooses for accessing his or her Member Account. The Member Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.The Member recognizes and accepts being solely responsible for use of his password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.

      The member recognizes and accepts as well that the Site can consider usage of his or her Member Account, username or password as proof of the usage of the Site by this Member. All usage of the Site by way of these elements attributable to the Member are considered as being made by the Member. All evaluations, ratings information and comments are also specific to the Member.

      Any change of your personal information requested when creating and completing a Member account must be declared to PenguinShare within 7 days of the change.

      Registration of a Member Account implies, in particular, to provide a valid email address that will be used to communicate between the Member and the Site, and will be used as the unique identifier for the Member Account. All email communications sent by the Site to the Member is understood as having been received by the Member, who takes full knowledge thereof.

      In addition, the Member accepts to provide a physical address, which is required by PenguinShare upon registration of the Member Account and the publication of Rental Listings by Owners, in order to make the best usage our geo-location tools.

      In order to maximize trust throughout the rental process, the address of the Renter may be displayed within the account of the Owner of the rental item when he or she is about to accept the reservation request on the Site.

      The address of the Owner of the rental item, if he or she is registered on the Site as a Business Account, may be sent to the Renter, upon request, once his or her reservation request has been accepted.

  3. Fees and Commissions – Access, registration and usage of the website are free.Our policies pertaining to Rental Listings fees (corresponding to the online publication of items available for rent), commissions, paid tools and services available on the site are part and incorporated as reference of the present General Terms of Use.We reserve the right to change at any time its policies regarding Rental Listing fees, commissions and other services fees. These modifications will take effect once they are published online and will apply to all transactions upon their publication. You are therefore invited to regularly check the Terms of Use, and in any case before any transaction. In the case of a temporary policy modification, the period of validity for the modification will be clearly published on the website.Unless posted otherwise, our fees are indicated in Ringgit Malaysia (RM) and are before tax.

    The user, member, Renter and Owner all recognize that when renting a product through the Site, we can receive, by virtue of a partnership agreement, affiliation agreement or any other contract, a compensation for having put the parties in contact thus enabling and/or facilitating the product rental or the service providing by the user thereof. All accept this source of income for the Site and give up challenging our responsibility regarding the corresponding income.

  4. Liability of PenguinShare
    • Disclaimer of warranties – You agree that use of the Site and the Services is entirely at your own risk. The Site and the Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the Site, the Service rental listings, or any Rental Agreement. To the fullest extent permitted by law, we disclaim any warranties for other Services or goods received through or advertised on the Site or Services, or accessed through any links on the Site. To the fullest extent permitted by law, we disclaim any warranties for viruses or other harmful components in connection with the Site or the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
    • Limitations of liability – Under no circumstances shall we be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from your use of the Site or the Services, or resulting from any Rental Agreement, whether the damages arise from use or misuse of the Site or the Services, from inability to use the Site or the Services, or the interruption, suspension, modification, alteration, or termination of the Site, the Services or Member Account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Services or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Services or any links on the Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
  5. Member safety and feedback – We cannot confirm the identity of each Member. While we believe the overwhelming majority of our Users are trustworthy and well-intentioned,. it’s very important to take the same precautions online as you would offline.
    • Member Feedback – We make available to Members and Users a system of “Rating” or “Comments” which allows them to evaluate leave feedback about the person with whom they are doing or have done a transaction. The evaluation will apply to the Owner, Renter or the Item. The Owner and Renter can complete the evaluation after a rental transaction is completed, whereby an Item rented by the Renter is returned to the Owner.
    • Moderating – Members who list an Item for rent and Users who upload or otherwise post Content on the Site are solely responsible for the content they upload and publish under the law and under our Policies. We do not carry out or guarantee the existence of editorial control of the Content published by its Users or Members.Exercising the right to withdraw any Rental Listing or Content that is under dispute does not at all affect the validity, pertinence, quality or legality of any Rental Listing or Content that remains online.
  6. Content published on or through the Site – You understand that all Content posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are solely responsible for any Content that you post, email or otherwise make available through the Site. You understand that we do not control, and are not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading, or otherwise objectionable. Furthermore, the Content available on or through the Site may contain links to other websites that are completely independent of the Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will we be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation except as required by law) in its sole discretion to refuse, delete or move any Content that is available through the Site, for violating the letter or spirit of the Terms of Use or for any other reason.
  7. Rental Listings and Rental Transactions
    • Description of the Rental Listings – Rental Listings describe Items offered for rent. Rental Listings can only include text, documents and images that the Members decide to upload, at their sole responsibility. All the Items listed for rent must be in the appropriate category and the Owner is solely responsible for choosing the category in which they will place the Rental Listing.All rental fees must be disclosed in Rental Agreement and in the Rental Listing. The Rental Agreement is not our responsibility; it is a document at the disposal of our Member.Extra payments related to the rental of an Item, such as delivery, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the “description” zone of the Item.Specific rental conditions which are not covered in the Rental Agreement or contract that may be available online, the security deposit conditions or the available days for rental information, must be mentioned somewhere in the product description.

      The Owner always offers for rent goods that the Renter can physically pick up in a given location, or any location agreed by both the Owner and the Renter.

    • Owner Must Have Rights To The Item Offered For Rent – The Owner must either own the Item, or be lawfully allowed to rent the Item which he or she lists for rent.The Owner, either an individual or a professional, is not allowed in any case to publish any contact information within its Rental Listing. The physical address of the rental location, the Owner’s address, their telephone, an email address or a website address are all considered as contact information.
    • Owner Cannot Change Price Of Transaction Once Accepted – The Owner cannot in any case change the Price of a transaction, which he or she has already accepted. When accepting an Item Request, the Owner is committed to charge the Price published in the Item Request.
    • Content of Rental Listings – Users and members agree not to ask for any form of financial compensation in relation to the use of the Content published on the Site.We also have the right to monitor, edit, and partially or totally delete any content found in Rental Listings.We have no obligation of diligence with regards to the publication of Content.
    • We May Publish Rental Listings On Partner Websites – You agree that we may, in our sole discretion, publish all or part of your Rental Listings on third-party websites. You agree that we can use published Content for commercial means, and can sell or exchange information (except Personal Information) with third parties.
    • Member Guarantee Regarding Proprietary Rights – The Member guarantees that he or she possesses all the intellectual rights on the Content of the Rental Listings, texts (Title, sub-title, description), and visual elements. The Member also guarantees that he or she possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Rental Listing.
    • Non-rentable Items and Goods – Members agree:
      1. to offer for rent only items and goods that are part of regular market commerce. They guarantee that holding and usage of these goods, as well as their rental are legal and authorized under Malaysian law.
      2. the goods and items presented for rent contain no defects that would put persons in danger.
      3. not to offer for rent items that are counter to the public good, that are unethical, or that are liable to offend the sensibilities of minors.
      4. not to offer for rent goods or services that are banned or for which the holding, usage or rental would constitute a violation of a ban.

      The responsibility lies with Members to ensure that the items they offer for rent are legal, authorized and not forbidden. In cases where illegal products are offered for rent, penal and/or civil responsibilities may be incurred.

      We reserve the right to remove from the Site any Rental Listings which are against the law, and/or contrary to its principles and morals. We also reserve the right to ban the Member who posted said Rental Listing.

  8. Taxes, Licenses, and Certifications – We do not pay any taxes on behalf of the Users or Members of the Site. Users and Members are solely liable for any taxes resulting from any Rental Agreement or use of our Services or Site.Whether you are a business entity or individual, or whether you are an Owner or a Renter, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. We recommend that you seek advice from a tax professional.Depending on the circumstances, such as the number of transactions you conduct, the subject matter of the transaction, licenses or certifications might be applicable to you. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. We are not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or Site, or for conducting a transaction. We make no representation or guarantee about licensing or certification of its Users or Members.
  9. Conclusion of a Rental Agreement/Binding Agreement – The rental of a good between an Owner and a Renter put in contact through the Site can only be done through the Site.The Owner and the Renter are free to choose with whom, if anyone, he or she would like to enter into a Rental Agreement.
  10. Rental Agreement Template – Standard Rental Agreement – For the convenience of the Owner and Renter, we make available to the Owners and Renters, an optional Rental Agreement Template (“Template”). This Template, depending on the type of rental, includes information about the transaction such as the security deposit terms, the length of the rental, the price of the rental as well as all other information often included in rental agreements.This template is provided by PenguinShare as an option only, to be modified and added to by the Parties as needed. You agree that PenguinShare is not responsible for any claims related to use of the Template. You acknowledge that the Template is only a “starting point,” and that it is your sole responsibility to prepare an enforceable Rental Agreement. Accordingly, PenguinShare recommends that you seek professional advice when preparing a Rental Agreement.
  11. Geolocalization and Privacy – One of the many valuable features of the Site is to be able to search locally for an Item using geolocalization tools.The Google Maps tool uses an arrow to roughly show where the Rental Location is. This arrow will pinpoint the location with an approximation of several meters. The Rental Location is purposely inaccurate to protect the Owner’s privacy.
  12. Modification – We reserve the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Policies. All changes will be effective once published on the Site. Use of the Site after these changes have been published constitutes your acceptance of the modified Policies. We reserve the right to modify, interrupt, or end at any time any service, without taking responsibility for the consequences resulting from these modifications, interruptions or ending of these services.
  13. Use of External Applications – Usage of the application Google Maps is subject to implicit acceptance of the Terms and Conditions for Google Maps (http://maps.google.com/help/terms_maps.html).Information on the maps obtained via Google is offered as indications only.
  14. Intellectual Property – We cannot be aware of all the content published on the site in all the Rental Listings or in the comments. However, we commit to remove as quickly as possible any copyright protected material once notified.The brand Penguinshare.my is a deposited trademark. All graphic elements, design elements, presentations, logos relative to the Site are the exclusive property of us. Any reproduction without our written authorization is strictly prohibited.
  15. Use of User’s materials – When using our Services, you are requested to provide to us or to other Users information concerning the Services, including your registration, your Rental Listings and rental transactions, evaluations and comments, your messages or tickets, or any other information you may publish on the Site. You are solely responsible for this information. We only act as a passive intermediary in publishing them online.By accepting the present Terms of Use and other Policies, you accept to only use the Personal Information of other Members that is provided to you through the Site, to (a) close a transaction that does not involve unsolicited commercial messages but is only related to Rental Agreement, or (b) use third party services provided via the Site (sequestration, insurance, claims and communications in case of fraud), or (c) for any other use authorized by the User. You agree to use this information in accordance with applicable laws and under these Terms of Use. Subject to the foregoing, you cannot, provide Personal Information of other Users to third parties without prior written permission by us and the corresponding User.
  16. Proprietary Rights – Subject to our Privacy Policy, any Content that you transmit to the Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you might retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.We respect the intellectual property of others, and we ask you to do the same. If you or any User of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed;
    3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
    4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
    6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing..
  17. Indemnification – Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
  18. No agency relationship – We, Members or Users are independent parties, each acting in its name and for its own purpose. Nothing in this Terms of Use or other Policies shall be deemed to constitute, create, give effect to or otherwise recognize any relationship of subordination, partnership, representation, agency, joint venture, brokerage, corporate partnership, employment relationship, franchise or formal business entity of any kind or create a fiduciary or similar relationship among the parties; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
  19. Legal Fees
    The user or member accepts to defend and compensate us (including reasonable lawyer fees), our agents, directors, administrators, employees, owners, and representatives against any request or claim made by a third party, caused by or resulting from a violation or any other act for which the User or Member is responsible, that arose from them not upholding the instructions, guarantees and/or obligations contained in the present General Terms of Use, or having violated any law or any regulation of this third party. This includes but is not limited to complaints and legal claims with regards to: infringement or violation of intellectual property rights, libel, calumny or other defamation, privacy rights or “false representation”, publicity rights.We reserve the right, at its sole discretion, to organize the defence with a lawyer of their choosing, against all legal claims, legal suits or other affairs that request financial compensation from the user or the member.
  20. Applicable Law and Legal Jurisdiction – The present Terms of Use are regulated and interpreted in conformity with Malaysian law.The country of the User and/or the country of the Member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with us in the Terms of Use, or with the User later on.The legislation of these countries may have differences with the legislation applicable to the present Terms of Use, including the legislation relative to objects being legally authorized to be offered for rent or rented. There can be additional legal obligations, such as, and without limitations, the obligation of having an authorization in order to offer for rent or rent certain objects, or to record a rental transaction. The users and members are bound to constantly comply with all national and international laws and regulations applicable to the usage of our Services and to Rental Listings and rental transactions. We do not constantly track all the legislations of every country, nor do we constantly track all users or all transactions. What other Users do does not mean that we have authorized, approved or validated their actions and transactions.

    All litigation with regards to the validity, interpretation, or execution of the present General Terms of Use will be submitted to the competent tribunal.

    In the case where one or many articles found in the Terms of Use were considered to be illegal, non-invocable or inapplicable by legal decision, the other articles in the present Terms of Use will remain in effect.

  21. Additional Conditions
    • The Site may contain links towards other websites and is not responsible for the confidentiality policies or practices on other websites. When a Member or User of the Site clicks on a link that takes them to another site, the member or user is held responsible for reading the confidentiality policies of said website.
    • We are not responsible for interactions between Members.
    • Members of the Site can be individuals or businesses.
    • The titles of the different articles of the Terms of Use are given as pure indications without necessarily defining their content.
    • You accept that the rights and obligations contained in the present Terms of Use as well as any other documents that are incorporated to it by way of reference may be freely and rightfully transferred by us to a third party in the event of a merger or acquisition or of another event.
    • In any case, by using the site, you commit to comply with all national and international laws and regulations currently applicable to the use of our services and to your activities on the site. In addition, you recognize specifically and accept that your usage of the site may be qualified as a business in a legal sense. As a business, you are subject to certain specific obligations, such as, and without limitations, registering the business, keeping books and accounting records in compliance with applicable regulations, payment of sales taxes and other applicable taxes, as well as legal dispositions in case of insolvency. In addition, if you have commercial activities on the site, and in particular if you are a professional user, you have to comply with the regulations relative to billing, invoicing, sales, and more generally to all commerce laws and regulations. We recommend you to look for advice from a professional counselor or attorney on these matters.
    • No derogation to the present Terms of Use will be authorized, unless a written authorization is obtained and a new contract is signed by you and us
    • All notifications at your attention will be sent to the email address you provided when signing up to the Site. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.
  22. Prohibited Items List
    • Animals and animal by-products
    • Dangerous and illegal products
    • Drugs and medical accessories or equipment
    • Explosives
    • Firearms or other materials of war
    • Gambling or lottery devices
    • Stolen goods
    • Illegal possessions
    • Goods that promote alcohol
    • Goods of an adult or sexual nature
    • False money and false stamps
    • Fireworks
    • Personal files and data
    • Products of the human body and organs
    • Products which advocate methods of murdering
    • Products or goods where the expiry date will have passed by the proposed time of rental
    • Harmful substances

Note: The items that are not in this list do not mean they are not prohibited. This list is just for information only, and is subject to change at any moment.