Terms & Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Service" refers to the property rental matching and facilitation services provided by Kaelith.
• "Client" or "You" refers to the individual or entity using our services to find rental properties.
• "We," "Us," or "Our" refers to Kaelith and its authorized representatives.
• "Property" refers to the residential rental units, apartments, villas, or houses listed through our service.
• "Landlord" refers to the property owner or their authorized representative.
• "Agreement" refers to these Terms and Conditions together with any service agreements executed between you and Kaelith.

2. Acceptance of Terms

By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our services.

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you have the legal capacity to enter into a binding contract under Malaysian law.

3. Description of Services

Kaelith provides property rental matching and facilitation services in Penang, Malaysia. Our services include:

• Consultation to understand your rental requirements and preferences
• Property matching based on your stated criteria
• Arrangement and coordination of property viewings
• Facilitation of communication between you and property owners
• Assistance with lease documentation and negotiation
• Post-lease support and coordination as specified in your service agreement

We act as an intermediary and facilitator. The final lease agreement is between you and the property owner. We are not a party to the lease agreement itself unless explicitly stated otherwise.

4. User Responsibilities

4.1 Accurate Information

You agree to provide accurate, current, and complete information during the registration and consultation process. You must notify us promptly of any changes to your contact information or rental requirements.

4.2 Good Faith Engagement

You agree to engage with our service in good faith, including attending scheduled viewings, responding to communications in a timely manner, and conducting yourself professionally during interactions with property owners and our team.

4.3 Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose or in violation of Malaysian law
• Provide false or misleading information during the application process
• Bypass our service to directly negotiate with landlords after being introduced through our platform
• Harass, abuse, or harm other users, property owners, or our staff
• Attempt to gain unauthorized access to our systems or data
• Use our property listings or information for competitive purposes

5. Service Fees and Payment

Our service fees are outlined in your individual service agreement. Payment terms vary depending on the service tier selected. Fees may include:

• Consultation fees (if applicable)
• Property matching and facilitation fees
• Documentation assistance fees
• Ongoing support fees (if applicable to your service tier)

All fees are payable in Malaysian Ringgit (RM). Payment methods accepted include bank transfer and other methods as specified in your service agreement. Fees are non-refundable except as explicitly stated in your service agreement or as required by Malaysian consumer protection law.

6. Property Information

We make reasonable efforts to ensure that property information provided to you is accurate and current. However, property details are supplied by landlords and third parties, and we cannot guarantee the absolute accuracy or completeness of all information.

You are responsible for conducting your own due diligence before entering into any lease agreement. We recommend that you personally inspect properties and verify all material facts before committing to a lease.

7. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Kaelith or its content suppliers and is protected by Malaysian and international copyright laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes related to finding rental properties. You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

8. Disclaimers

8.1 Service Provided "As Is"

Our services are provided on an "as is" and "as available" basis. While we strive to provide high-quality service, we make no warranties or representations regarding the availability, reliability, or suitability of our services for any particular purpose.

8.2 No Guarantee of Results

We cannot guarantee that you will find a suitable property or that any property owner will accept your tenancy application. The final decision rests with property owners based on their own criteria.

8.3 Not Professional Advice

Information and guidance provided through our service should not be construed as legal, financial, or professional advice. You should consult appropriate professionals for specific advice regarding your situation.

9. Limitation of Liability

To the maximum extent permitted by Malaysian law, Kaelith shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, including but not limited to loss of profits, data, or business opportunities.

Our total liability to you for all claims arising from or related to our services shall not exceed the amount of fees you have paid to us in the six months preceding the claim.

We are not responsible for the actions or omissions of property owners, landlords, or other third parties. Any disputes regarding property condition, lease terms, or tenancy issues are between you and the property owner.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kaelith, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, your violation of these Terms and Conditions, or your violation of any rights of another party.

11. Termination

Either party may terminate the service relationship upon written notice to the other party. Specific termination terms are outlined in your individual service agreement.

We reserve the right to suspend or terminate your access to our services immediately if you violate these Terms and Conditions or engage in conduct that we determine, in our sole discretion, to be inappropriate or harmful.

Upon termination, you remain liable for any fees owed and any obligations that by their nature should survive termination will continue to apply.

12. Dispute Resolution

12.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or related to these terms shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.

12.2 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. Either party may initiate this process by providing written notice of the dispute to the other party.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and Kaelith regarding the use of our services.

13.2 Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations without restriction.

14. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes become effective when posted on our website. Material changes will be communicated to active clients via email or through prominent notice on our website.

Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms and Conditions. We recommend reviewing these terms periodically for updates.