Member Terms & Conditions

Member Terms & Conditions

What you read here (including all references made here) informs you of the terms on which you are permitted to use of our website (our site, Site), whether as a visitor or registered user. You are required to read these terms of use before using our site. By using our site, you are deemed to have unconditionally accepted these terms of use and undertaken to abide by them. If you do not agree to these terms of use, please DO NOT USE our site.

 

1. About Us

Pop-up.my is a site operated by Pop Up Shop Sdn Bhd (“we” or “us” or “Pop-up.my”). We are registered in Malaysia under company number 1207754-A and have our registered office at B-2-09, Block B, Jalan PJU 1A/41B,  NZX Commercial Centre, Ara Jaya, 47301 Petaling Jaya, Selangor. Pop-up.my provides a website platform for facilitating short-term commercial renting arrangements, between Landlord and a platform user, Tenants.

 

2. How Pop-up.my Works

Pop-up.my is a platform that introduces people who need short term retail space (“Tenants”) to owners of retail space that is available on that basis (“Landlords”). We make it easy for Tenants to find space that suits their needs and then introduce the Tenant to a potential Landlord. If the Landlord is happy then the Landlord and the Tenant will enter into a rental agreement directly. 

This would be by way of a licensing agreement. Pop-up.my then collects the rental payments from the Tenant, on behalf of the Landlord.

 

3. Registration Procedure

By registering with our site, you agree to be bound by these Member T&Cs. The registration process will require you to verify the email address that you have provided to us.
 
Once registered to use our site, you must complete the required Business Details in the form prompted. Until the required Business Details have been provided, you will not be given access rights to upload Projects and Spaces to the Site.
 
Each person applying for Membership, must comply with our requests for information, including to allow us to conduct necessary due diligence.

 

4. Approval of Projects and Spaces

As a Member, and once you have provided us with all necessary Business Details, you may upload to the our site for the Space information
 
We will review all Space information which you upload before it is published on the Site, and may reject and remove Space information for any reason. However, we will usually (but are under no obligation to) give the relevant Landlord a reason for any rejection and, where practicable, an opportunity to provide further Space information where this would make our acceptance of the Space more likely.
 
In accepting a Space, we are undertaking only to make certain Space information available on the Site. Our acceptance of a Space is not, and should not be taken to mean, that we are in any way endorsing, guaranteeing, underwriting, or giving any warranty or representation in relation to that Space, or its associated Space information.

 

5. Rental Agreements

The purpose of the Site is to facilitate the creation of Rental Agreements between Landlords and Tenants for Spaces. Each Member should seek independent legal advice before entering into a Rental Agreement, and hereby warrants and represents to us and each other Member that is a party to a Rental Agreement with them that they have done so.
 
At the expiry of the Rental Agreement, Landlords shall ensure that the Tenant leaves the premises promptly.
 
 
5.1 Completing a Rental Agreement
 
Once agreed between Landlord and Tenant, and the Tenant has paid the Rental Charge, a Rental Agreement will be generated on the Site.
 
You hereby warrant and represent that:
  • there are no circumstances of which you are or should reasonably be aware which would prevent a Rental Agreement executed by you being and forming legally binding obligations upon you;
  • if you are a company, the person executing the Rental Agreement has all necessary power and authority to enter into the Rental Agreement for and on your behalf; and
  • you will not question or challenge the validity or enforceability of a Rental Agreement to which you are a party on the basis of that Rental Agreement being completed on the Site.

 

6. Fees

6.1 We provide access to the Site to Members free of charge.
 
6.2 While there is no charge or fee for registering with the Site, By agreeing to these Member T&Cs you agree that you will pay us the fees as set out on our Fees page for the specific services (including production and execution of a Rental Agreement) described on that page. We reserve the right to amend our fees and payment terms from time to time, and any such amendments will be notified to you via our Fees page.
 
6.3 Our fees set out in clause 6.2 must be paid using the methods and payment details set out on our Fees page.

 

7. Landlords

Landlords making their properties available through Pop-up.my will enter into an Agreement with us which will govern the relationship between Landlords and us. This is done by accepting terms online in order to list. These Terms will be incorporated into that Agreement by reference but in the event of any inconsistency between that Agreement and these terms or any other statement on the site then that Agreement will prevail.

Pop-up.my is not responsible for the conduct of any prospective Tenant during the negotiations of any Licensing Agreement.
 
Landlords accept that any decision to let a property to a particular Tenant is made solely by the Landlord without any representation, warranty or statement made to him by Pop-up.my.
 
Pop-up.my has no obligations to Landlords to reinstate, or repair, any properties let by Landlords at the end of any licensing agreement.

 

8. Tenants Concluding Contracts

By using our website tenants agree that they shall not contract directly with landlords without written permission from Pop-up.my. Both parties agree to compensate Pop-up.my (including payment of damages) for breach of this obligation on their part. 
 
Potential tenants on identifying a space or shop share that meets their requirements on our website is at liberty to make an enquiries with the landlords. The parties then carry out negotiations directly and agree on basic contractual terms, like price, time of use, how the space will be used and for what purpose. Once the parties have arrived on basic contractual terms, Pop-up.my will generate automated contracts incorporating all negotiations made via the website.
 
Tenants must comply with the terms of their agreement with the Landlord, including any special terms or requirements that may be specified by the Landlord.
 
Tenants are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the Landlord. If a Tenant has any doubt about what insurance is required they should consult their own insurers or insurance brokers.
 
Tenants are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and facilities at the property and as regards the location. Pop-up.my does not warrant or represent that properties listed by Landlords are of suitable condition to be let or that Landlords have the right to enter into rental contracts in respect of the properties listed by Landlords and to receive rental payments in respect of the properties. Landlords are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Website.
 
Pop-up.my disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by Landlords and in respect of any proposed rental contract that fails to complete for any reason whatever.
 
Rental contracts are made exclusively between Landlords and Tenants. Pop-up.my is not a party to any rental contract, or negotiation to any rental contract, and does not fulfill any obligations derived from the contractual relationship between Landlords and Tenants. 
 
Pop-up.my does not make or accept any offers, either in its own capacity or on behalf of either Landlords or Tenants or any other party. 
 
Pop-up.my disclaims all liability arising from or related to any rental contract to the fullest extent permitted by.

 

9. Uploading Photos and Content

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
 
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
 
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
 
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.

 

10. General Terms

Pop-up.my does not at any time provide, or purport to provide, any advice, or advisory services, to Landlords, Tenants or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental agreement. Pop-up.my disclaims all liability relating to the provision of advice relating to property. Landlords and Tenants accept that Pop-up.my’s role is limited to no more than that of a facilitator.
 
Pop-up.my reserves the right at its sole discretion to remove from the Website any illegal, inaccurate or misleading content, including anything that in its opinion is injurious to Pop-up.my’s goodwill or goodwill attaching to the Website, without notice.
 
Pop-up.my makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of the Website and the introduction of any prospective tenant to Landlord.

 

11. Access to Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
 
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
 
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

12. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
 
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
 
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
 
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

13. Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
 
We update regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
 
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
 
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
 
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: 
 
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss or corruption of data;
  • loss of goodwill;
  • wasted management or office time;
  • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
 
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
 
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

14. Transactions Concluded through Our Site

Rental transactions formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual licensing agreement agreed between the users of the site.

 

15. Viruses, Hacking and Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

16. Applicable Law

The Malaysia courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
 
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Malaysia
 

 

Contact us if you have questions

If you have any concerns about material which appears on our site or you will like to find out more about the said terms, please contact info@pop-up.my