Leasing.my General Terms of Service for Domain Name Lesses

PLEASE CAREFULLY REVIEW THESE GENERAL TERMS OF SERVICE FOR DOMAIN NAME LESSEES (THE “TERMS”), WHICH CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN WHISKY SDN. BHD. (“LEASING.MY”) AND THE LESSEE (DEFINED BELOW) AND GOVERN THE LESSEE’S USE OF THE SERVICES (DEFINED BELOW). THESE TERMS EXEMPT LEASING.MY AND OTHER INDIVIDUALS FROM LIABILITY OR LIMIT THEIR LIABILITY, SPECIFY THE JURISDICTION AND PROCEDURE FOR DISPUTE RESOLUTION, AND CONTAIN OTHER IMPORTANT PROVISIONS.

IF YOU ARE THE LESSEE, THEN BY APPLYING FOR AN ACCOUNT AND EACH TIME YOU USE THE SERVICES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS. IF YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE LESSEE, THEN BY APPLYING FOR AN ACCOUNT ON BEHALF OF THE LESSEE AND EACH TIME YOU USE THE SERVICES ON BEHALF OF THE LESSEE, YOU INDICATE THE LESSEE’S AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO AGREE TO THE MOST CURRENT VERSION OF THESE TERMS ON BEHALF OF THE LESSEE AND TO USE THE SERVICES ON BEHALF OF THE LESSEE.

IF THE LESSEE DOES NOT AGREE TO THESE TERMS, THEN NEITHER THE LESSEE NOR ANY PERSON ON BEHALF OF THE LESSEE MAY APPLY FOR AN ACCOUNT OR USE THE SERVICES.

1. Introduction, Key Definitions, and Other

1.1 Binding Agreement: These Terms constitute a legally binding agreement between Leasing.my and the Lessee, collectively referred to as the “Parties” and each referred to as a “Party”. These Terms govern the Lessee’s use of the Services, which include an online marketplace where domain name owners and potential lessees can enter into lease agreements for domain names (the “Marketplace”).

1.2 Key Definitions: Capitalized terms used in these Terms shall have the following meanings: “Account” refers to a valid and active account with Leasing.my that allows the Lessee to access and use the Services; “Authorized User” refers to an individual authorized by the Lessee to use the Services on their behalf, including providing information, instructions, and documents to Leasing.my, and in the case of an individual Lessee, includes the Lessee themselves; “Domain Name” refers to an internet domain name; “IP Rights” refers to all intellectual property rights, including trademark rights and copyrights, whether registered or not, that exist or may exist anywhere in the world; “Owner” refers to any person, including an entity, who either posts a Listing (as defined in section 3.1) or enters into a Lease Agreement (as defined in section 3.1) for the lease of a Domain Name. “Representatives” refers to directors, officers, partners, shareholders, employees, contract workers, agents, affiliates, licensors, and other personnel and representatives, and Lessee’s Representatives includes all Authorized Users; “Services” refers to the Website, the Marketplace, and all other services provided by Leasing.my to the Lessee under these Terms; “Tax” refers to any governmental tax, duty, charge, levy, fee, excise, tariff, or assessment of any kind, including any interest, penalties, or additions to tax; “Lessee” refers to the person (including an entity) identified in an Account or application for an Account as the Lessee; and “Website” refers to the internet website accessible through the domain name <www.Leasing.my>.

1.3 Other Agreements and Additional Terms: These Terms shall be considered as supplementary to all other written agreements between the Parties concerning the Services, which are collectively referred to as “Other Agreements.” Certain features or functionalities of the Services may be subject to additional terms and conditions, which are collectively referred to as “Additional Terms,” and can be found on the Website. In the event of any conflict or inconsistency between these Terms and the provisions of any Other Agreement or Additional Terms, the provisions of the Other Agreement shall take precedence and govern regarding the relevant Service, and the provisions of the Additional Terms shall take precedence and govern regarding the relevant features or functionalities of the relevant Service.

1.4 Changes to these Terms:

a. General: Leasing.my reserves the right to change these Terms at any time without notice to Lessee by posting the updated Terms on the Website at www.Leasing.my/terms. The updated Terms will be effective immediately upon posting on the Website, unless the updated Terms explicitly state otherwise. It is solely the responsibility of Lessee to review any changes made to these Terms by checking the “Last Updated” date at the top of the page. Except as provided in section 1.4(b), by continuing to use any Service after the updated Terms have been posted, Lessee acknowledges and agrees to be bound by the changes. Lessee may not modify or amend these Terms in any way.

b. Exception: If Lessee does not agree to and accept a change to these Terms made by Leasing.my pursuant to section 1.4(a), Lessee must give notice expressly rejecting the change to Leasing.my within thirty (30) days after the effective date of the change. In such circumstances, unless the Parties expressly agree in writing otherwise, the rejected change will not apply to or be binding on Lessee, provided that Lessee does not submit any additional Application (as defined in section 3.1) to Leasing.my. It is understood that if Lessee submits an Application to Leasing.my after delivering a rejection notice pursuant to this section 1.4(b), all prior rejection notices delivered by Lessee under this section 1.4(b) will be deemed withdrawn by Lessee, unless the Parties expressly agree in writing otherwise.

1.5 Improvements to Services: Leasing.my reserves the right to add and enhance Services, including the introduction of new functionalities and services, at its discretion, without providing any notice to Lessee or any other party.

2. Account and Authorized Users

3. Applications and Lease Agreements

3.1 Additional Definitions: Under these Terms, the following definitions apply: “Application” refers to the Lessee’s offer to lease a Listed Domain Name, submitted through the appropriate processes available on the Marketplace. “Business Details” encompasses the particulars of a proposed or actual Lease Agreement, which includes the monthly fee to be paid for the leased Domain Name and its intended purpose. “Domain Name Lease Terms and Conditions” refers to the standard legal terms and conditions governing a Lease Agreement, which can be found on the Website at https://Leasing.my/terms/. “Intended Purpose” refers to the purpose for which the Lessee intends to use a Listed Domain Name, provided that their Application for the Listed Domain Name is accepted by the relevant Owner. “Lease Agreement” is the agreement made between the Lessee and the relevant Owner for the lease of a Listed Domain Name, using the relevant online processes provided by the Marketplace, as contemplated by these Terms. “Listed Domain Name” refers to a Domain Name that is being advertised for lease in a Listing. Lastly, “Listing” pertains to the advertisement for the lease of a Domain Name, published by the Owner on the Marketplace.

3.2 Listings: 

a. Access/Use: Subject to the provisions of these Terms, the Lessee may use the available online processes provided by the Marketplace to access and review Listings, for the sole purpose of assessing and selecting Listed Domain Names and submitting Applications for the Listed Domain Names.

b. Purpose and Changes/Cancellation: The Lessee recognizes that each Listing is an invitation made by the Owner of the corresponding Listed Domain Name, for offers to lease such Listed Domain Name, and it does not constitute an offer that the Lessee can accept. The Lessee acknowledges that a Listing may be subject to changes or cancellation (including automatic cancellation upon the lapse of a specified period), which can be made by the relevant Owner or by Leasing.my, without the need for any prior notice to the Lessee, and such changes or cancellation shall be effective immediately.

c. Acknowledgement: The Lessee acknowledges that the information provided in a Listing is the sole responsibility of the relevant Owner. Leasing.my is not under any obligation to investigate, review, verify, assess, or conduct any due diligence regarding any Owner, Listing or Listed Domain Name, and does not endorse or recommend any Owner, Listing or Listed Domain Name.

d. Prohibited Use: The Lessee agrees not to use any information obtained through a Listing to contact the Owner who posted such Listing, or to negotiate or enter into any lease, license, or similar arrangement, regarding any Domain Name, except through a Lease Agreement made using the processes provided by the Marketplace. The Lessee acknowledges that Leasing.my has designed the Marketplace to be the only online platform for Owners to advertise and market Listed Domain Names for lease, and to enter into Lease Agreements regarding such Listed Domain Names.

3.3 Applications:

a. Process: The Lessee may submit an Application in response to a Listing to the Owner who posted the said Listing, subject to the conditions set out in these Terms. Leasing.my reserves the right to reject any Application that fails to comply with the applicable restrictions or requirements established and modified by Leasing.my at its discretion from time to time.

b. Business Details: The Lessee shall provide the Business Details (including the Intended Purpose) required by the applicable online processes available through the Marketplace in each Application.

c. Acknowledgment: The Lessee acknowledges that by submitting an Application, they intend to make a legally binding offer to lease the Listed Domain Name, which can be accepted by the relevant Owner until the Application is canceled by the Lessee or Leasing.my as specified in these Terms.

d. Cancellation of Applications: Lessee may cancel an Application at any time before it is accepted by the Owner by using the applicable online processes available through the Website and Lessee’s Account. Leasing.my may cancel any Application before it is accepted by the Owner without any notice to Lessee if Leasing.my reasonably believes that the use of the relevant Listed Domain Name for the applicable Intended Purpose would violate Leasing.my’s Acceptable Use Policy (available at https://Leasing.my/terms/) or if Lessee breaches these Terms.

e. Domain Name Lease Terms and Conditions: Lessee acknowledges that each Application will include and incorporate by reference the most current version of the Domain Name Lease Terms and Conditions available on the Website at https://Leasing.my/terms/ at the time the Application is submitted, unless expressly agreed otherwise in writing by Leasing.my. The Domain Name Lease Terms and Conditions will govern the Lease Agreement for the relevant Listed Domain Name if the Owner accepts the Application. Leasing.my reserves the right to change the standard form Domain Name Lease Terms and Conditions from time to time without notice by posting a new version on the Website. Lessee is solely responsible for checking the “Version Number” at the top of the standard form Domain Name Lease Terms and Conditions and reviewing any changes before submitting each Application. It is recommended that Lessee obtains legal advice regarding any changes.

f. Referrals: Lessee acknowledges that Leasing.my may operate a referral program that allows individuals approved by Leasing.my (each a “Referral Affiliate”) to refer potential lessees to the Marketplace and receive a fee (paid by the relevant Domain Name owner) for each Domain Name leased by the referred potential lessee. If Lessee has been referred to the Marketplace by a Referral Affiliate and uses the referral link provided by the Referral Affiliate, then the Application will indicate that a fee is payable by the relevant Owner to a Referral Affiliate if the Application is accepted by the Owner.

g. Lessee Due Diligence: Lessee acknowledges and agrees that it is solely responsible for evaluating each Listing, including conducting appropriate due diligence regarding the Listed Domain Name and Lessee’s Intended Purpose for the Listed Domain Name. This includes reviewing the applicable version of the Domain Name Lease Terms and Conditions as set out in section 3.3(e), and reviewing all agreements, terms of service, and policies (including acceptable use policies, domain name dispute resolution policies) that govern the registration and use of the Listed Domain Name as specified by the applicable domain name registry authority or the applicable domain name registrar for the Listed Domain Name. Lessee agrees that it will not rely on any representations or warranties made by Leasing.my, any Owner, or any Referral Affiliate, and that it will obtain independent legal advice as necessary to understand the legal implications of any Lease Agreement entered into in connection with a Listing.

3.4 Representations/Warranties: When submitting an application for a Listed Domain Name, the Lessee assures and guarantees to Leasing.my with the following representations and warranties:

a. Rights: The Lessee confirms that they possess and will continue to possess the legal right to submit the Application and to lease the Listed Domain Name in accordance with the Lease Agreement. The Lessee further affirms that they are and will continue to be willing and capable of entering into a Lease Agreement for the Listed Domain Name.

b. Accurate Information/Documentation: The Lessee warrants that all the details outlined in the Application and any other documentation provided by or on behalf of the Lessee to Leasing.my regarding the Application are truthful, precise, up-to-date, and comprehensive.

c. Legal Compliance/Non-Infringement: The Lessee guarantees that their Intended Purpose for the Listed Domain Name will abide by the following: (1) all pertinent laws; (2) all agreements, terms of service, and policies (which include acceptable use policies and domain name dispute resolution policies) that govern the registration and usage of the Listed Domain Name as defined by the applicable domain name registry authority or the relevant domain name registrar for the Listed Domain Name; and (3) Leasing.my’s Acceptable Use Policy (accessible online at https://Leasing.my/terms/). Moreover, the Lessee assures that their Intended Purpose for the Listed Domain Name will not contravene, encroach upon, or misappropriate any person’s rights, including but not limited to intellectual property rights.

d. Legal Terms and Conditions: The Lessee has carefully reviewed and comprehends the Domain Name Lease Terms and Conditions. The Lessee affirms that they are and will continue to be ready, willing, and capable of entering into a Lease Agreement concerning the Listed Domain Name solely based on the Domain Name Lease Terms and Conditions as envisioned by these Terms.

3.5 Acceptance/Rejection by Owner:

a. Notice/Information to Owner: If the Marketplace accepts an Application for processing, the Marketplace will provide the pertinent Owner with information concerning the Application and details about the Lessee, including the Lessee’s name and the Intended Purpose.

b. Owner Due Diligence: The Lessee understands that an Application may undergo assessment and due diligence by the pertinent Owner before deciding to accept or decline the Application. If requested by the Owner, Leasing.my may at its discretion seek additional information and documentation from the Lessee for the Owner’s consideration. Leasing.my is not bound to investigate, examine, evaluate, confirm or undertake any due diligence regarding any Application.

c. Acceptance/Rejection of Application: The Lessee acknowledges that the relevant Owner may accept or reject an Application at their discretion utilizing appropriate online procedures accessible through the Website. In the event that the Owner rejects an Application using the applicable online procedures available through the Website, the Application will no longer be available for acceptance by the Owner unless the Lessee resubmits the Application. On the other hand, if the Owner accepts an Application utilizing the applicable online procedures accessible through the Website, the Website will send an acceptance notification to the Lessee via email and will disclose the Owner’s name and email address to the Lessee.

3.6 Lease Agreement: The Lessee acknowledges the following:

a. Creation: Upon the relevant Owner’s acceptance of an Application using the appropriate online procedures available through the Website, a valid and binding Lease Agreement will be established with respect to the pertinent Listed Domain Name. No further action or formalities (such as a signed paper contract) will be necessary for the Lease Agreement to be valid and binding on the Lessee and the relevant Owner.

b. Parties: The parties to a Lease Agreement resulting from the acceptance of an Application by the relevant Owner are solely the Owner and the Lessee. Leasing.my is not a party to any Lease Agreement, and therefore, is not liable or responsible to the Lessee or any other person for the performance of any Lease Agreement, or for any act or omission by either party (Lessee or Owner) to the Lease Agreement. It is also clarified that these Terms are not part of any Lease Agreement.

3.7 No Professional Advice: The services provided by Leasing.my do not include any professional advice, including legal, financial, investment, accounting, or tax advice, regarding a Lease Agreement. Lessee acknowledges that they are solely responsible for obtaining any professional advice necessary regarding their obligations and rights under the Lease Agreement. Leasing.my shall not be responsible or liable for any damages arising out of the Lessee’s failure to obtain such professional advice.

3.8 No Monitoring of Owner: Leasing.my does not monitor any Owner’s performance of their obligations or exercise of their rights under any Lease Agreement as part of the Services. Lessee acknowledges that they are solely responsible and liable for monitoring each Owner’s performance of their obligations and exercise of their rights under each Lease Agreement.

4. Contract Administration Services to Owners

4.1 General: Leasing.my may, at its discretion, offer Contract Administration Services to each Owner who is a party to a Lease Agreement, to aid in the administration of the Lease Agreement. These services may include acting as the “Service Provider” as defined in the Lease Agreement, providing escrow services for the Leased Domain Name, and accepting payments from Lessee under the Lease Agreement.

4.2 Acknowledgement: Lessee acknowledges that Contract Administration Services are provided by Leasing.my solely to assist the Owner to administer a Lease Agreement and that Leasing.my is not responsible or liable for the Owner’s performance of their obligations or exercise of their rights under the Lease Agreement. As such, the Lessee understands that they have no direct relationship with Leasing.my regarding the Contract Administration Services.

4.3 Leasing.my as Service Provider: Provided that Leasing.my agrees to act as the Service Provider for a Lease Agreement with an Owner, it is subject to these Terms, which include section 4.5, to ensure that the agreement is legally binding and original:

a. No Amendment to Lease Agreement: The Lessee shall not modify or alter any provisions of the Lease Agreement, including the fees or any legal terms and conditions, without the express prior written consent of Leasing.my, provided that such consent shall not be unreasonably withheld. It is important to note that this restriction in section 4.3(a) shall apply even if the Owner in question requests or agrees to the proposed amendment or change in the Lease Agreement. This clause is in line with the principles of international corporate law that emphasize the importance of transparency and clear communication in agreements involving multiple parties.

b. Payments: The Lessee shall make payments owed to the Owner under the Lease Agreement through the relevant processes provided by Leasing.my, who acts as the payment administration service provider for the Owner. Late payments will incur a penalty fee of $50, which will be charged to unpaid leases as of 11:59 PM PST on the third day of the month. This provision is consistent with the principles of international corporate law, which require the parties to comply with the terms of the agreement and make payments on time, thereby avoiding any potential disputes that may arise.

c. Acting on Information/Instructions: Leasing.my is authorized to accept and act upon any information provided by the Owner and to carry out the Owner’s instructions, including instructions to suspend or discontinue the Lessee’s use of a Leased Domain Name or to issue notices to the Lessee on the Owner’s behalf. Leasing.my shall not be held liable to the Lessee or any other party for acting on the information or instructions of the Owner. This provision aligns with the principles of international corporate law, which emphasize the importance of adhering to the terms of the agreement and carrying out instructions as they are given, thereby reducing the risk of disputes among the parties involved.

4.4 Tax Remittances:

a. Taxes: The Lessee acknowledges that an Owner may direct Leasing.my, acting as the payment administration service provider for the Owner, to deduct from payments received by Leasing.my on behalf of the Owner from the Lessee under a Lease Agreement and remit to the relevant governmental authority any or all of the following Tax remittances: the applicable amount of Canadian GST/HST, a percentage amount specified by the Owner on account of Canadian Withholding Tax, and a percentage amount specified by the Owner on account of U.S. Withholding Tax, collectively referred to as “Tax Remittances”. This clause is in line with the principles of international corporate law, which require the parties to adhere to relevant tax laws and regulations, including withholding and remittance requirements, and to cooperate in ensuring compliance with them, to avoid any legal or financial implications.

b. Information, Instructions and Documentation: Upon request by the Lessee, Leasing.my will provide or make available to the Lessee information regarding Tax Remittances made by Leasing.my under this section 4.4. In turn, upon request by Leasing.my (including during the Lessee’s application for an Account), the Lessee shall provide Leasing.my with information, instructions, and documents (including prescribed forms and certificates signed by the Lessee) related to Tax Remittances. Leasing.my is authorized to accept and rely on all information, instructions, and documents related to Tax Remittances provided by the Lessee or any Owner, and is not obligated to investigate or verify such information. This clause is consistent with the principles of international corporate law, which emphasize the importance of complying with applicable tax laws and regulations, including the requirement to provide accurate and complete information related to tax remittances.

c. Tax Residency: The Lessee acknowledges that the requirement for Tax Remittances with respect to their payments under a Lease Agreement will depend on their Tax residency and the relevant Owner’s Tax residency as per applicable law. Leasing.my will rely on the Lessee (as set out in section 2.5(b)) and each relevant Owner to determine their respective Tax residency. This clause is in accordance with the principles of international corporate law, which recognize the importance of determining Tax residency in accordance with applicable laws and regulations.

d. Responsibility: The Lessee acknowledges that it is the responsibility of each relevant Owner (and not Leasing.my) to determine whether applicable law requires Tax Remittances and the amount of each required Tax Remittance for each Lease Agreement. Leasing.my is entitled to rely on the Owner’s determination and instructions (if any) regarding Tax Remittances without any investigation or verification whatsoever. Except as expressly set out in this section 4.4, Leasing.my is not obligated to deduct, withhold, or remit, whether on behalf of the Lessee or any Owner, any amount on account of any Tax applicable to any payment received by Leasing.my (on behalf of Owner) from any Lessee. This clause clarifies the respective responsibilities of the parties involved and is in line with the principles of international corporate law.

e. Definitions: In these Terms: “Canadian GST/HST” means a tax payable under Part IX of the Excise Tax Act (Canada), as amended or replaced from time to time; “Canadian Withholding Tax” means an amount required to be withheld or deducted from a payment under Part XIII of the Canadian Income Tax Act, as amended or replaced from time to time; and “U.S. Withholding Tax” means an amount required to be withheld or deducted from a payment under the U.S. Internal Revenue Code of 1986, Subtitle A, Chapter 3, as amended or replaced from time to time.

f. Reservation by Leasing.my: Leasing.my reserves the right, at its sole discretion and for its convenience, to refuse to provide Contract Administration Services (including acting as the Service Provider) for a Lease Agreement or to terminate Contract Administration Services (including acting as the Service Provider) for a Lease Agreement without any notice or liability to Lessee.

5. Additional Obligations

5.1 Information/Documents: Upon request by Leasing.my, the Lessee shall provide all necessary information, instructions, and documents that Leasing.my reasonably considers necessary to fulfill its obligations or exercise its rights under these Terms and to provide Contract Administration Services in relation to a Lease Agreement. The Lessee shall ensure that all information, instructions, and documents provided to Leasing.my, either by the Lessee or on their behalf, are true, accurate, current, and complete. If any information, instructions, or documents previously provided by the Lessee to Leasing.my become out-of-date or inaccurate in any respect, the Lessee shall promptly provide updated information, instructions, or documents to Leasing.my.

5.2 Compliance with Applicable Laws and Third Party Rights: Lessee acknowledges and agrees to comply with all applicable laws, regulations, and legal requirements in all relevant jurisdictions, including those related to intellectual property rights (IP Rights), domain names, and taxes, in connection with the use of the Services, Lease Agreements, and the use of Leased Domain Names. Lessee shall ensure that all of its Representatives also comply with such laws and regulations. Furthermore, Lessee agrees to be solely responsible and liable for ensuring that its use of the Services, each Application, each Lease Agreement, and the use of each Leased Domain Name is in compliance with all agreements, terms of service, and policies (including acceptable use policies and domain name dispute resolution policies) governing the registration and use of the Leased Domain Name, as specified by the relevant domain name registry authority (e.g. ICANN) or the domain name registrar (e.g. Uniregistry or GoDaddy) for the relevant Domain Names. Such agreements, terms of service, and policies are available on the websites of the relevant domain name registry authority and registrar. Lessee further agrees that its use of the Services, each Application, each Lease Agreement, and the use of each Leased Domain Name shall not violate, infringe or misappropriate any rights, including IP Rights, of any person. Lessee shall indemnify, defend, and hold Leasing.my harmless against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with Lessee’s breach of this Section 5.2.

5.3 Notice Requirement: During the term of each Lease Agreement, Lessee shall promptly provide Leasing.my with copies of all notices, including breach or termination notices, that are either given by Lessee to the Owner or received by Lessee from the Owner, as required by the Lease Agreement.

5.4 Permitted/Prohibited Uses of Services:

a. Permitted Use: During the term of these Terms and in compliance with all applicable laws, Lessee may use and authorize Authorized Users to use Services solely for Lessee’s lawful and internal business purposes. Any other use of Services is strictly prohibited.

b.Prohibited Use – General: Lessee and its Authorized Users shall not use any Service in a manner not expressly permitted by these Terms or any applicable law. Lessee shall not use any Service or information obtained through any Service for the benefit of any other person, or attempt to circumvent any technical delivery systems or display of any Service. Lessee shall not use any Service in a way that interferes with or threatens the integrity, functionality, operation, performance, or security of the Service or any related system, service, or data, or attempt to gain unauthorized access to any Service or related system, service, or data. Lessee shall not copy, reproduce, distribute, publish, republish, translate, publicly display, publicly perform, transmit, distribute, sublicense, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, commercialize or exploit, or otherwise give or make available any Service or information available through any Service to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge.

Lessee shall not collect, store, or use any information available through any Service (including information available on the Marketplace) for any purpose other than the authorized use of the Service in accordance with these Terms. Lessee shall not use any Service to send or distribute unsolicited commercial messages or advertisements, and shall not index, crawl, catalogue, mirror, frame, scrape, cache or otherwise collect or mine any data from any Service, using any technologies, tools, or methods for any purpose whatsoever. Lessee shall not use automated scripts or similar technologies to interact with any Service.

Lessee shall not use any Service to upload, transmit, or distribute any virus, worm, “Trojan Horse,” or other code or routine that may damage, harm, interfere with, or otherwise adversely affect any Service or any computer system, hardware, software, equipment, services, or data. Lessee shall not alter, violate, circumvent, deactivate, conceal, modify, or remove any notice, proprietary code or lock, means of identification or authentication, digital rights tool or management information, technological measure, security or control measure or agreement, including end-user terms and conditions, on, in or in relation to any Service.

Lessee shall not probe, scan, or test the vulnerability of any Service or any related systems, develop a software application for use with any Service, or reverse engineer or otherwise access or use any Service to create a product or service that is competitive with the Service or any other product or service offered by Leasing.my, or a product or service using similar ideas, features, or functions. Lessee shall not authorize, permit, assist, encourage or enable any other person to do any of the foregoing in this section 5.4(b) or to commit any act or omission that would be a breach of these Terms if committed by Lessee. However, a restriction set out in this section 5.4(b) does not apply to the extent prohibited by applicable law.

c. No Circumvention: Lessee agrees not to use any Service or information obtained through any Service, including information in a Listing, to identify the owner of a Domain Name for the purpose of entering into any agreement, except for a Lease Agreement made in accordance with these Terms. Lessee will not engage in any transaction, such as a sale, lease or license of a Domain Name, with the owner or any other person that circumvents the Lease Agreement or violates these Terms.

5.5 No Referral:Lessee may act as a Referral Affiliate for Domain Names that are not leased by Lessee or any of its Representatives. However, Lessee cannot act as a Referral Affiliate for any Domain Name that is leased by Lessee or any of its Representatives. Lessee explicitly agrees not to directly or indirectly (including through any Representative of Lessee) accept or receive any portion of any fee or amount paid or payable by Leasing.my to any Referral Affiliate, which is related to any Lease Agreement or any lease agreement regarding a Domain Name leased by any Representative of Lessee.

5.6 Disclosure of Information: Leasing.my will collect, use, retain and disclose information regarding Lessee and Authorized Users, the use of Services by and on behalf of Lessee and resulting Lease Agreements as reasonably required to provide Services, to perform its obligations and exercise its rights under these Terms, to protect and enforce its legal rights and interests or the rights and interests of other persons, and as otherwise permitted by applicable law. Leasing.my may use and disclose information in connection with any claim or dispute, to comply with applicable law (e.g. a subpoena, warrant, court or arbitral order or litigation disclosure obligation), to enforce these Terms and other agreements, and to detect, investigate or prevent unlawful or fraudulent activities or other misconduct. However, Leasing.my will not disclose any information regarding Lessee or Authorized Users to any third party except as permitted by these Terms or as required by applicable law. Leasing.my will use reasonable efforts to ensure that any such disclosure is made only to the extent necessary to achieve the purposes for which the information is being disclosed.

5.7 Technical Requirements and Support: Lessee is solely responsible for obtaining, configuring, maintaining, and protecting all necessary equipment, software, and services required for the use of Services by or on behalf of Lessee. This includes compatible computing devices, internet browser and PDF reader software, internet access, and mobile data services. Lessee is also responsible for paying for any associated costs, such as data usage fees. Leasing.my is not obligated to provide technical support for Lessee’s use of Services but may do so at its discretion. If Leasing.my provides technical support, it will be considered a “Service” and governed by these Terms.

5.8 Notifications: Lessee shall immediately notify Leasing.my in case Lessee or any Authorized User becomes aware of or suspects any unauthorized access to or use of any Service, or any complaint, claim, or allegation by any third party related to any Service or its use by Lessee or any Authorized User. Upon Leasing.my’s request, Lessee shall cooperate and assist in the investigation and response to the complaint, claim, or allegation (as applicable).

5.9 Electronic Communications: By using the Services, Lessee consents to receive electronic communications from Leasing.my. Lessee also authorizes Leasing.my to accept any communications received from Lessee or an Authorized User through Lessee’s Account or email as if those communications were given directly by Lessee in writing and signed by Lessee. Leasing.my may respond to such communications through Lessee’s Account, a Service, by email, or any other means of communication. However, any communication sent by or on behalf of Lessee to Leasing.my is not considered effective until it is actually received and processed by Leasing.my’s authorized representative. Leasing.my reserves the right to refuse or reverse the processing of any communication it believes to be fraudulent, unlawful, defective, or incomplete.

5.10 Fee: In addition to section 4.3.b, Lessee acknowledges that a lease application fee may be charged.

6. Ownership/Proprietary Rights

6.1 Services and Related Items: All Services and related technologies, software, and data, including all related IP rights, are and will remain the exclusive property of Leasing.my. Lessee acknowledges and agrees that they do not have any ownership or proprietary rights in the Services or related items, and shall not attempt to acquire such rights. Furthermore, Leasing.my is not obligated to provide Lessee or any other person with a copy of any of the technologies, software, and data used by or on behalf of Leasing.my to operate or provide any Service.

6.2 Feedback: If Lessee or any of Lessee’s Representatives provides any feedback (including ideas or suggestions for enhancements or improvements) regarding any Service to Leasing.my or any of its Representatives, Leasing.my and its licensors, successors, assigns, and licensees may use and commercialize the feedback without providing any compensation to Lessee or any other person. However, Lessee and Lessee’s Representatives must not include any confidential or proprietary information of Lessee or any other person in the feedback provided to Leasing.my.

6.3 Trademarks: The trademarks, including the Leasing.my™ name, the Leasing.my logo, and any other related marks displayed on the Website or the Marketplace, are either registered or unregistered trademarks solely owned by Leasing.my or used under license by Leasing.my. Lessee acknowledges and agrees that no license or right to use any of the trademarks is granted or acquired by Lessee under this Agreement, and any use or reproduction of the trademarks without prior written authorization from Leasing.my is strictly prohibited.

6.4 Reservation of Rights: The rights not explicitly granted to Lessee under these Terms are reserved by Leasing.my.

7. Domain Name Disputes, Lease Disputes and Indemnity

7.1 Definitions: In these Terms:

a.The term “Domain Name Dispute” refers to any claim, complaint, allegation, demand, or dispute, and any resulting legal action or proceeding in any court or tribunal (including an arbitration-like proceeding following a dispute resolution policy such as the Uniform Domain-Name Dispute-Resolution Policy established by a domain name registry authority such as the Internet Corporation for Assigned Names and Numbers). This pertains to a Domain Name or any related or conflicting Intellectual Property (IP) Rights, including any claim, complaint, allegation, demand, or dispute, and any resulting legal action or proceeding that involves: (1) a Domain Name infringing or misappropriating the rights (including IP Rights) of any individual or entity, or (2) any individual or entity infringing or misappropriating a Domain Name or related rights (including IP Rights). However, it is important to note that a Lease Dispute is not included in the definition of a Domain Name Dispute.

b. The term “Lease Dispute” refers to any claim, complaint, allegation, demand, or dispute, and any resulting legal action or proceeding in any court or tribunal, between the Lessee and the relevant Owner. This pertains to any issues or disputes that arise, are connected with, or relate to a Lease Agreement, any past or present Listed Domain Name, any past or present Leased Domain Name, or any Service. This includes any act or omission by Leasing.my as a Service Provider in relation to a Lease Agreement.

7.2 Notice and Document: In the event that Lessee becomes aware of any actual or threatened disputes regarding the lease or domain name of the Leased Domain Name, Lessee shall promptly inform Leasing.my of such disputes. Lessee shall provide Leasing.my with all relevant documents including any correspondence, pleadings or emails pertaining to the dispute. This provision is aimed at ensuring transparency and prompt resolution of any disputes that may arise during the lease period. It is therefore imperative that Lessee maintains communication with Leasing.my and promptly provides all necessary information to enable a speedy resolution of any disputes. Any failure by Lessee to comply with this provision may result in a breach of the lease agreement.

7.3 Responsibility: Notwithstanding any other provision of these Terms:

a. Domain Name Disputes: Lessee shall be solely responsible and liable for all Domain Name Disputes relating to any current or past Leased Domain Name. This responsibility includes defending or prosecuting any disputes and responding to any notices or claims relating to a Leased Domain Name. Lessee shall not hold Leasing.my liable or seek any remedy against Leasing.my for any Domain Name Dispute relating to any past or present Leased Domain Name. Lessee shall also refrain from involving Leasing.my in any Domain Name Dispute relating to any past or present Leased Domain Name. This provision is intended to ensure that Lessee assumes full responsibility for any disputes that may arise during the lease period and protects Leasing.my from any liabilities relating to such disputes.

b. Lease Disputes: Lessee shall assume sole responsibility and liability for any Lease Dispute that may arise during the lease period. This includes responding to and defending against or prosecuting any Lease Dispute that may arise. In the event of a breach of the Lease Agreement by the Owner, Lessee’s rights and remedies shall be limited to the Owner only and not against Leasing.my. Lessee shall not hold Leasing.my liable or seek any remedy against Leasing.my for any breach of Lease Agreement by the Owner or any other wrongful act or omission by or on behalf of an Owner. Lessee shall also refrain from involving Leasing.my in any Lease Dispute. This provision is intended to protect Leasing.my from any liabilities relating to any Lease Dispute that may arise during the lease period and to ensure that Lessee assumes full responsibility for such disputes.

c. Exclusion of Dispute Resolution Services: It is hereby clarified that any services arising from, connected with or relating to any Domain Name Dispute or any Lease Dispute are expressly excluded from the definition of “Services”. This provision is intended to clarify that Leasing.my shall not be responsible for providing any services related to dispute resolution or legal services in relation to any Domain Name Dispute or Lease Dispute that may arise during the lease period.

7.4 Indemnification: During and after the Term, Lessee shall defend, indemnify, and hold Leasing.my and its Representatives harmless from any and all third-party claims, complaints, demands, disputes, actions, suits, assessments, and proceedings (each a “Third-Party Claim/Proceeding“), and all related expenses (including reasonable legal fees) and liabilities arising out of or in connection with: (i) the use of any Service by or on behalf of Lessee; (ii) any breach of these Terms or any Lease Agreement by Lessee; (iii) any Leased Domain Name or any Lease Agreement; (iv) any act or omission by or on behalf of Leasing.my based on any information, instruction, or document provided by or on behalf of Lessee or any Owner who is a party to a Lease Agreement; (v) any act, omission, or misrepresentation by or on behalf of Lessee, its Representatives or any other person for whom Lessee is responsible under these Terms or applicable law; or (vi) Leasing.my’s remittance of, or failure to deduct, withhold, or remit, any Tax (including any Tax Remittance) in respect of a payment made by Lessee to Leasing.my or an Owner under a Lease Agreement, whether or not the Tax was correctly or legally imposed or asserted by the applicable governmental authority. If Leasing.my requests that Lessee defend, indemnify and hold harmless Leasing.my and its Representatives with respect to a Third-Party Claim/Proceeding, Lessee shall take control of the defense and settlement of the Third-Party Claim/Proceeding using competent and experienced legal counsel approved by Leasing.my, provided that Lessee shall not settle the Third-Party Claim/Proceeding without Leasing.my’s express prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Leasing.my and its Representatives retain the right to participate (with legal counsel of their own selection at their sole cost and expense) in the defense of and settlement negotiations relating to any Third-Party Claim/Proceeding.

8. Disclaimers

8.1 General Disclaimer: Lessee is solely responsible and liable for the selection and use of Services to achieve Lessee’s intended results, and Lessee uses Services at Lessee’s own risk. To the maximum extent permitted by applicable law, Services are provided “as is”, “as available” and “with all faults”, and without any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representation, warranty, condition or guarantee of or relating to fitness for a particular purpose, merchantability, suitability, non-infringement, title, performance, quality, results, viruses or harmful components, accuracy, errors, timeliness or reliability, all of which are hereby disclaimed by Leasing.my to the maximum extent permitted by applicable law. Without limiting the generality of the foregoing in this Section 8.1, Leasing.my does not make or give any representation, warranty, condition or guarantee that Services will meet Lessee’s requirements or that Lessee’s use of Services will achieve specific or any results (including that any application will result in a Lease Agreement). Except as expressly set out in these Terms, no oral or written information or advice given by or on behalf of Leasing.my will create or constitute any representation, warranty, condition or guarantee.

8.2 DISCLAIMER RE OTHER USERS OF SERVICES: Without limiting the generality of Section 8.1, Lessee is solely responsible and liable for all of Lessee’s dealings with other users of Services (including Owners), and Lessee deals with other users of Services (including Owners), selects listed domain names, and submits applications at Lessee’s own risk. To the maximum extent permitted by applicable law, Leasing.my is not responsible or liable to Lessee or any other person for any act or omission by or on behalf of any user of Services (including any Owner or its representatives), including: the use of the Marketplace by or on behalf of any Owner and any statement made, or information, instruction or document provided, by or on behalf of any Owner; or any Owner’s performance or non-performance of the Owner’s obligations under a Lease Agreement or any of the Terms of Service that govern use of the Marketplace or other Services provided by Leasing.my. Leasing.my does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever regarding any Owner, any listing or any domain name.

8.3 DISCLAIMER RE LEASE AGREEMENTS: Lessee acknowledges and agrees that Leasing.my does not make any representation, warranty, condition, or guarantee whatsoever regarding any lease agreement. This includes any representation, warranty, condition or guarantee that any lease agreement is legally valid, binding, enforceable, compliant with applicable laws or adequate or sufficient for the intended purpose. The standard form domain name lease terms and conditions are made available by Leasing.my as a courtesy convenience only and without any representation, warranty, condition or guarantee whatsoever. This includes any representation, warranty, condition or guarantee that the domain name lease terms and conditions are legally valid, binding, enforceable, compliant with applicable laws or adequate or sufficient for the intended purpose. Lessee acknowledges that Leasing.my is not a party to any lease agreement and is not responsible or liable for the performance or non-performance of any lease agreement by Lessee or any owner.

8.4 DISCLAIMER RE DOMAIN NAME RISKS: Notwithstanding the provisions of Section 8.1, Lessee acknowledges that the use of a leased domain name may have adverse effects on the value of the leased domain name and the Owner’s ownership of and rights to the leased domain name. The use of the leased domain name may also result in domain name disputes that could result in liabilities and other adverse consequences to Lessee, including liability to the Owner resulting from an order that ownership or registration of the leased domain name be transferred to a third party. Lessee agrees to assume all such risks, consequences, and liabilities associated with its use of the leased domain name. Leasing.my shall not be responsible or liable for any such adverse consequences, risks, and liabilities.

8.5 DISCLAIMER REGARDING CONTRACT ADMINISTRATION SERVICES: Without limiting the generality of Section 8.1, Leasing.my shall not be liable to Lessee or any other person for any damage, loss, or liability arising from, connected with, or relating to any act or omission by Leasing.my as the service provider for a Lease Agreement or in connection with Contract Administration Services regarding a Lease Agreement, including implementing instructions (including instructions to suspend or terminate Lessee’s use of a leased domain name) given by an Owner to Leasing.my.

8.6 DISCLAIMER REGARDING PROFESSIONAL ADVICE/TAX ADVICE: Lessee acknowledges and agrees that the Services provided by Leasing.my do not include any kind of professional advice, including legal, financial, investment, accounting, or tax advice. Therefore, Lessee is solely responsible and liable for obtaining appropriate advice in a timely manner from qualified professionals regarding each application and each Lease Agreement, including the Standard Form Domain Name Lease Terms and Conditions incorporated into each Lease Agreement and obligations to deduct, withhold, remit, or pay any taxes. Without limiting the generality of the foregoing, in Section 8.6, Lessee is solely responsible and liable for determining, based on appropriate advice obtained by Lessee from qualified professionals and due diligence conducted by Lessee, whether applicable law requires Lessee to deduct, withhold, remit or pay any tax. Leasing.my is not responsible or liable for any damage, loss, or liability arising from or connected with Lessee’s failure to obtain appropriate professional advice or from Lessee’s actions or omissions related to taxes or any other matter related to the Lease Agreement.

8.7 LEGAL COMPLIANCE/NON-INFRINGEMENT DISCLAIMER: Lessee acknowledges and agrees that they are solely responsible and liable for conducting all necessary inquiries and investigations (including trademark clearance searches and tax and legal due diligence) in all relevant jurisdictions, and obtaining appropriate professional advice (including legal and tax advice) to ensure that: (a) Lessee’s performance of their obligations and exercise of their rights under these Terms (including Lessee’s use of Services), Lessee’s entering into lease agreements and Lessee’s use of leased domain names will not violate any applicable law (including any law relating to IP rights, domain names, or taxes) in any relevant jurisdiction or violate, infringe, or misappropriate any right (including IP rights) of any person in any relevant jurisdiction; and (b) Lessee and each relevant owner comply with all obligations to deduct, withhold, remit, or pay all applicable taxes. Leasing.my does not make or give any representation, warranty, condition, or guarantee regarding any of those matters, and hereby disclaims all liability for any damages, losses, and liabilities arising from or connected to Lessee’s failure to comply with any such obligation.

8.8 TECHNOLOGY AND SECURITY DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 8.1, LESSEE ACKNOWLEDGES THAT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INTERRUPTIONS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND MAY BE AFFECTED BY CIRCUMSTANCES BEYOND Leasing.my’S CONTROL. Leasing.my DOES NOT WARRANT THAT SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR SECURE, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, FAILURES, OR DAMAGES RESULTING FROM SUCH PROBLEMS. LESSEE ACKNOWLEDGES THAT THE SECURITY MEASURES USED BY Leasing.my MAY NOT PROTECT THE MARKETPLACE, WEBSITE, LESSEE’S ACCOUNT, OR THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF DATA STORED IN THE MARKETPLACE OR WEBSITE. Leasing.my IS NOT LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, ALTERATION, THEFT, OR DESTRUCTION OF THE MARKETPLACE OR WEBSITE, OR ANY RELATED DATA, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS, OR OTHERWISE. Leasing.my IS NOT REQUIRED TO VERIFY THE IDENTITY OR AUTHORITY OF ANY PERSON USING CREDENTIALS AND MAY RELY ON ANY INFORMATION, INSTRUCTION, OR DOCUMENT PROVIDED THROUGH THE USE OF CREDENTIALS.

9. LIABILITY EXCLUSIONS/LIMITATIONS AND RISK

9.1 EXCLUSIONS/LIMITATIONS: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

A. EXCLUSIONS: THE LIABILITY OF LEASING.MY GROUP, IF ANY, TO LESSEE GROUP, ARISING FROM, CONNECTED WITH, OR RELATING TO THESE TERMS OR SERVICES, IS LIMITED TO DIRECT DAMAGES SUFFERED BY LESSEE ONLY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL LEASING.MY GROUP BE LIABLE TO LESSEE GROUP OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF INFORMATION, LOSS OF BUSINESS, LOSS OF MARKETS, LOSS OF SAVINGS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF USE, LOSS OF PRODUCTION, OR LOSS OF GOODWILL, WHETHER ANTICIPATED OR OTHERWISE;

B. LIMITATION: UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL LEASING.MY GROUP’S TOTAL AGGREGATE LIABILITY TO LESSEE GROUP ARISING FROM, CONNECTED WITH, OR RELATING TO THESE TERMS OR SERVICES EVER EXCEED $500. HOWEVER, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LEASING.MY’S LIABILITY FOR DIRECT DAMAGE TO LESSEE RESULTING FROM A DELIBERATE WRONGFUL ACT BY LEASING.MY THAT LEASING.MY INTENDED AND KNEW WOULD RESULT IN DIRECT HARM TO LESSEE.

C. APPLICATION: THIS SECTION 9.1 APPLIES TO ANY LIABILITY ARISING FROM ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, STRICT LIABILITY, AND STATUTORY LIABILITY. THIS APPLIES REGARDLESS OF ANY NEGLIGENCE OR FAULT, INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE, BY LEASING.MY GROUP OR ANY PERSON FOR WHOM LEASING.MY IS RESPONSIBLE. THIS APPLIES EVEN IF OTHER REMEDIES ARE UNAVAILABLE OR INSUFFICIENT TO COMPENSATE FOR THE LOSS OR DAMAGE. THIS APPLIES REGARDLESS OF WHETHER LEASING.MY GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF POTENTIAL LOSS OR DAMAGE BEING INCURRED AND REGARDLESS OF WHETHER THE LOSS OR DAMAGE WAS FORESEEABLE.

9.2 ADDITIONAL DEFINITIONS: FOR THE PURPOSES OF THIS SECTION 9, “LEASING.MY GROUP” REFERS TO LEASING.MY AND ALL OF ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES, AS WELL AS EACH OF THEIR RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES. “LESSEE GROUP” REFERS TO LESSEE AND ALL OF ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES, AS WELL AS EACH OF THEIR RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND REPRESENTATIVES.

9.3 EXCEPTIONS: IT SHOULD BE NOTED THAT THE LAWS IN CERTAIN JURISDICTIONS MAY PROHIBIT OR RESTRICT THE ABILITY TO DISCLAIM CERTAIN WARRANTIES AND CONDITIONS OR EXCLUDE OR LIMIT CERTAIN LIABILITIES. AS A RESULT, THE DISCLAIMERS, LIABILITY EXCLUSIONS, AND LIMITATIONS OUTLINED IN THESE TERMS MAY NOT BE APPLICABLE IN ALL CIRCUMSTANCES.

9.4 ACKNOWLEDGEMENT: IT IS CRUCIAL TO RECOGNIZE THAT THE DISTRIBUTION OF RISK OUTLINED IN THIS AGREEMENT IS A FUNDAMENTAL ASPECT OF THE ARRANGEMENT BETWEEN THE PARTIES AND A MOTIVATING FACTOR FOR THEM TO ENTER INTO THIS AGREEMENT. AS SUCH, THE LESSEE ACKNOWLEDGES THAT LEASING.MY HIGHLY RECOMMENDS OBTAINING ADEQUATE INSURANCE TO COVER ANY POTENTIAL DAMAGES, LOSSES, OR LIABILITIES ARISING FROM, RELATED TO, OR ASSOCIATED WITH THE USE OF SERVICES AND RELATED MATTERS. THIS ACKNOWLEDGEMENT SERVES AS A REMINDER THAT RISK ALLOCATION PLAYS A CRITICAL ROLE IN THIS AGREEMENT, AND OBTAINING ADEQUATE INSURANCE IS AN ESSENTIAL STEP IN PROTECTING ONESELF AGAINST POTENTIAL LOSSES.

10. Term and Termination

10.1 Term: The provisions of this agreement relating to the Lessee shall come into effect upon submission of an application for an Account or upon acceptance of these Terms, and shall remain in full force and effect until termination in accordance with the terms of this agreement.

10.2 Termination by Lessee:

a. For the convenience of the Lessee: In the event that the Lessee’s Account has been deactivated by either the Lessee or Leasing.my as outlined in section 2.6, and all Lease Agreements under these Terms have either expired or been terminated, the Lessee may terminate this agreement by providing seven (7) days’ written notice to Leasing.my. It should be noted that this option to terminate the agreement is only available if there are no active Lease Agreements in effect.

b. For Cause: The Lessee may terminate this agreement as it applies to a particular Lease Agreement immediately, for cause, upon delivery of a termination notice to Leasing.my if Leasing.my breaches the terms of this agreement as it relates to that specific Lease Agreement, and fails to remedy the breach within thirty (30) days of receiving a default notice from the Lessee identifying the breach and stating the Lessee’s intention to terminate the agreement if the breach is not remedied within a thirty (30) day cure period. It is important to note that the termination of this agreement as it applies to a specific Lease Agreement under section 10.2(b) will not result in the termination of this agreement as it applies to any other Lease Agreement.

10.3 Termination by Leasing.my:

a. Convenience Termination: Leasing.my reserves the right to terminate these Terms at its sole convenience upon providing Lessee with a written notice of termination, effective after seven (7) days from the date of notice.

b. Termination for Cause: Leasing.my may terminate these Terms as they apply to one or more specific Lease Agreements or all Lease Agreements, at its discretion, for cause, effective immediately upon delivery of a termination notice to Lessee if Lessee breaches these Terms. If such breach is not remedied within thirty (30) days of receiving a default notice from Leasing.my identifying the breach and stating Leasing.my’s intention to terminate the lease, then Leasing.my reserves the right to terminate these Terms as they apply to one or more specific Lease Agreements or all Lease Agreements, as determined by Leasing.my in its discretion. It is clarified that termination of these Terms as they apply to one or more specific Lease Agreements will not impact these Terms as they apply to any other Lease Agreement.

10.4 Consequences of Termination – Specific Lease Agreement: After the termination of these terms concerning a particular lease agreement, there will be certain consequences. Firstly, Leasing.my will no longer be bound to perform or provide any services related to the lease agreement to the Lessee. Additionally, both parties will be accountable for fulfilling their respective obligations and liabilities relating to the lease agreement, which may have arisen prior to the termination of these terms in connection with the specific lease agreement. It is crucial to note that this termination will not absolve either party from any pre-existing legal obligations or liabilities.

10.5 Consequences of Termination – General: In the event of termination of these terms as they apply to all lease agreements, and in addition to the consequences stated in section 10.4, Leasing.my shall no longer be under obligation to perform or provide any services to the Lessee. Each party shall remain accountable for fulfilling all their obligations and liabilities arising prior to the termination of these terms. It is essential to note that the termination of these terms shall not discharge any pre-existing legal obligations or liabilities of either party.

10.6 Reservation: It is important to note that the termination of these terms shall not result in the termination or affect any lease agreement, nor shall it affect the rights or obligations of the Lessee or the relevant Owner under any lease agreement. Such agreements shall remain in full force and effect until they are lawfully terminated or expired. Therefore, the termination of these terms shall not discharge any lease agreement or any rights and obligations of the concerned parties under the lease agreement.

10.7 Survival: Regardless of any other provision in these terms, the following sections shall survive indefinitely even after the expiration or termination of these terms: sections 5.6, 6, 7, 8, 9, 10.4, 10.5, 10.6, 10.7, 11, and 12, along with all other provisions that are necessary for the interpretation or enforcement of these sections. These provisions shall continue to be binding on the Parties and remain in full force and effect even after the termination or expiration of these terms. It is crucial to note that these surviving sections and provisions shall still apply and be enforceable according to their respective terms, even after the termination of these terms.

11. Disputes between Parties

11.1 Disputes: Any disputes, controversies, or claims that may arise between the Parties regarding these terms, whether directly or indirectly, shall be referred to as a “Dispute.” The resolution of such Dispute shall be in accordance with the dispute resolution process set out in section 11 of these terms.

11.2 Negotiation: In the event of a Dispute, either party may initiate the dispute resolution process by giving a notice, referred to as a “Dispute Notice,” to the other party. The Dispute Notice shall require both parties to attempt to resolve the Dispute through negotiation. The parties will then arrange for their respective authorized representatives to meet within seven (7) days (by conference call or in person) at a mutually acceptable date and time to discuss and attempt to resolve the Dispute. If the Dispute is not fully resolved within fifteen (15) days from the date of delivery of the Dispute Notice, either party may refer the Dispute to arbitration under section 11.3. All communications, both oral and written, made during the course of negotiations under this section 11.2, will be considered “without prejudice” and cannot be used as evidence in arbitration or any other legal proceeding, unless the communication is in writing and expressly identified as being made “with prejudice.”

11.3 Arbitration: If a Dispute is not resolved by the Parties pursuant to section 11.2, it will be referred to confidential binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules, except as provided in sections 11.4 and 11.5. The arbitration will be conducted with one arbitrator, and held in Vancouver, British Columbia. The arbitration will be conducted in the English language. If ICDR Canada is not available, then the arbitration will proceed ad hoc and be governed by the Arbitration Act (British Columbia). Any award rendered in arbitration will be final and binding, and may be enforced in any court having jurisdiction over the award.

11.4 Litigation: Regardless of sections 11.2 and 11.3, if either Party seeks preliminary or temporary injunctive relief and other remedies to prevent irreparable harm or preserve the status quo, they may do so by applying to the Supreme Court of British Columbia sitting in Vancouver, British Columbia. Both parties hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court concerning all such matters and any other matter that is not subject to arbitration pursuant to section 11.3.

11.5 Enforcement: Lessee acknowledges that sections 3.2(d) and 5.4(c) are of crucial importance to Leasing.my. Any breach or threat of breach of Lessee’s obligations under either of those sections will result in irreparable harm, loss, and damage to Leasing.my, which cannot be adequately compensated by an award of monetary damages. If Lessee breaches or threatens to breach either of those sections and fails or refuses to immediately remedy or avoid the breach and expressly agree in writing to comply with these Terms, Leasing.my may immediately commence legal proceedings against Lessee in the Supreme Court of British Columbia sitting in Vancouver, British Columbia, seeking judicial remedies, including restraining orders and injunctions to prevent the breach or threatened breach. Notwithstanding sections 11.2, 11.3, and 11.4, Lessee will not oppose the granting of those remedies.

12. General

12.1 Publicity: Leasing.my reserves the right to use the Leased Domain Name in its advertising, marketing, and promotional materials, including published case studies, to indicate that it has been leased by Lessee through the Marketplace.

12.2 Relationship:

a. General: The Parties acknowledge that they are independent contracting parties, and nothing in these Terms or done pursuant to these Terms will create or be construed to create a partnership, joint venture, agency, employment or other similar relationship between the Parties. Neither Party is authorized to make any representation or commitment, or create any obligation (express or implied), on behalf of the other Party.

b. Leasing.my is Not an Agent: Without limiting the scope of section 12.2(a), the Parties acknowledge and agree that Leasing.my is a provider of services to Lessee and is not acting as Lessee’s agent for any purpose. Leasing.my has no authority to enter into any contract or legal relationship of any kind on behalf of Lessee or to otherwise act on Lessee’s behalf.

12.3 Governing Law: These Terms, the subject matter of these Terms, and the relationship between the Parties arising from these Terms will be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada, and the laws of Canada applicable in British Columbia, without regard to any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or any rules of private international law or conflict of laws that would lead to the application of laws from any other jurisdiction.

12.4 Notices: All notices given under these Terms, except as expressly set out, shall be in writing and delivered to Lessee by email, facsimile or courier delivery to Lessee’s addresses on record in Lessee’s Account or to an alternative address specified by Lessee in a notice to Leasing.my under this section 12.4. Notices to Leasing.my shall be sent by email to [email protected] or by courier delivery to Leasing.my’s current head office address specified on the Website or to an alternative address specified by Leasing.my in a notice to Lessee under this section 12.4. Each Party shall ensure that its email address and related email account remain valid and effective throughout the Term.

12.5 Assignment: These Terms are personal to Lessee and cannot be transferred or assigned by Lessee without the express prior written consent of Leasing.my. Any attempt by Lessee to transfer or assign these Terms or any of Lessee’s rights, obligations or liabilities under these Terms without Leasing.my’s consent will be null and void and of no force or effect. Leasing.my, in its discretion, may assign these Terms without Lessee’s consent. These Terms are binding on each Party and will benefit each Party’s successors and permitted assigns.

12.6 Miscellaneous: In the event that a provision of these Terms is found to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision will be deemed severed from these Terms and the remaining provisions will continue to be fully effective and enforceable, unless such severance would cause these Terms to fail in their essential purpose. The rights and remedies of each Party under these Terms are cumulative and not exclusive, and each Party may pursue any and all of its rights and remedies concurrently, consecutively or alternatively, as may be permitted under these Terms or at law. No waiver or consent by either Party to any breach of these Terms by the other Party will be effective unless it is in writing and signed by both Parties, or deemed to be a waiver of a continuing or subsequent breach. If a Party’s consent or approval is required under these Terms, that Party may withhold or refuse such consent or approval at its sole discretion, unless expressly stated otherwise in these Terms. Each Party will execute any further documents and perform any further actions that may be required to implement and carry out the intent of these Terms upon reasonable request by the other Party. These Terms and all related documents will be in the English language, and all communications, notices and documentation provided under these Terms will be in English only, as expressly requested and required by the Parties.

12.7 Force Majeure: Neither Party shall be liable for any delay in performing or failure to perform any of its obligations under these Terms if and to the extent that such delay or failure is caused by a force majeure event, including but not limited to acts of God, natural disasters, war, strikes, and government actions, which are beyond the reasonable control of the affected Party. Any delay or failure of that kind will not be considered a breach of these Terms, and the time for performance of the affected obligations will be extended by a period that is reasonable under the circumstances.

12.8 Interpretation: In these Terms, the term “these Terms” and similar expressions refer to the entire agreement and not just a particular provision. The headings are for convenience purposes only and do not define, limit, or expand the scope or meaning of these Terms. Singular words include the plural and vice versa. References to a day, month, or year refer to a calendar day, calendar month, or calendar year, unless otherwise expressly stated. The term “currency” refers to the lawful money of the United States of America, unless otherwise stated. “Discretion” means the sole, absolute, and unfettered discretion of an individual. The term “including” or “includes” means including or includes (as applicable) without limitation or restriction. The term “in writing” or similar terms includes email, unless expressly stated otherwise. The term “law” includes common law, equity, statutes (including statutes implementing treaties), regulations, and orders of courts and tribunals. A reference to a specific statute includes all regulations made under the statute and all amendments, replacements, or modifications to the statute or any regulation made under the statute that are in force from time to time. The term “person” includes an individual (natural person), corporation, partnership, joint venture, association, trust, unincorporated organization, society, and any other legal entity. The term “trademark” includes a service mark, logo, and any other sign or symbol protected under law.

12.9 Complete Agreement: These Terms, along with any applicable Other Agreement and Additional Terms, constitute the entire agreement between the Parties with respect to the subject matter of these Terms, and supersede all previous communications, representations, negotiations, discussions, agreements or understandings, whether oral or written, between the Parties regarding the subject matter of these Terms. No representations, warranties, terms, conditions, undertakings, or collateral agreements, express, implied, or statutory, between the Parties regarding the subject matter of these Terms exist, except as expressly set out in these Terms and applicable Other Agreements and Additional Terms. These Terms may not be amended except by a written document (not an email) that expressly states that it is an amendment to these Terms and is signed by both Parties or their respective successors or permitted assigns.