Terms of Network Service of ASKCUCU

January 2016

Introduction

These Terms of Network Service (“Terms”) contain important information about your rights and obligations that require your thorough reading and understanding prior to use of any service provided on this website. If you disagree with the content of these Terms, then you shall have no access to any information and service provided on this website and shall immediately exit this website.

Contents

  1. Definitions
  2. Overview, Acceptance and Amendment of These Terms
  3. ASKCUCU’s Services and Booking Contract
  4. Use of ASKCUCU.COM and Its Associated Local Domain Name
  5. ASKCUCU’s Rights
  6. ASKCUCU and Lessor
  7. ASKCUCU and Lessee
  8. General Terms of Payment
  9. Foreign Currency
  10. Right to Cancel Booking Contract and Limitations thereon
  11. Provide Mediation by ASKCUCU
  12. Payment to Lessor
  13. Local Laws and Taxes
  14. Limitation of Liability of ASKCUCU
  15. Indemnity
  16. Intellectual Property Rights
  17. Privacy System and Information Protection
  18. Assignment of Rights and Obligations
  19. Notes
  20. Governing Laws and Jurisdiction
  21. Others

1. Definitions

As used herein, unless the context otherwise specifies, the following terms shall have the meanings indicated below:

1. “Pre-contract Period” shall mean the period from the Lessee’s submission of intent for lease to the Lessor’s acceptance of such intent.

2. “These Terms of Service” or “These Terms” or “This Agreement” shall refer to these Terms of Service and the appendix hereto.

3. “Booking Contract” shall mean the binding contract executed between ASKCUCU and the Lessor or between ASKCUCU and the User with respect to booking the lease of premises through ASKCUCU.

4. “Lease Contract” shall mean the lease contract separately executed by the User and the Lessor. ASKCUCU shall not be a party in the Lease Contract.

5. "Lease application" is the request made by the user through ASKCUCU to rent a property from the Lessor.

6. “Premises” shall mean the leased premises offered by the Lessor through ASKCUCU to the User, including leased rooms, units, apartments and other types of living space.

7. “ASKCUCU” or “We” shall refer to Cucu Limited (Company Registration No.: 2347775, having its registered office at Room 1501, C1 Grand Millennium Plaza (Lower Block) 181, Queen’s Road Central, Hong Kong).

8. “Lessor” shall mean any natural person, legal person or any other legal entity that offers leased premises to the User through ASKCUCU.

9. “Lessee” shall mean any natural person that leases Premises through ASKCUCU (including this website and its associated local domain name).

10. “User” shall refer to the Lessee, Lessor or any other user of this website.

11. “Service Fee” shall mean the fee charged by ASKCUCU for its services provided to the User.

12. “Privacy System” shall mean the documents that specify the use of information obtained from ASKCUCU.com and its services.

13. “Deposit” shall mean a certain amount of payment required by the Lessor as the lease deposit reserved for indemnity for any damages caused to the leased Premises by the Lessee’s use thereof during the tenancy period. Such Deposit shall be held in a non-interest-bearing bank account provided by ASKCUCU and paid to the Lessor as set forth in the following terms upon the Lessee’s move in the leased Premises.

14. “Lease Commencement Date” shall mean the move-in date as agreed between the Lessee and the Lessor in the Booking Contract, regardless of any other move-in date subsequently agreed between the Lessee and the Lessor.

15. “This website”, “This website and its services” or “this platform” shall refer to any website, domain name or online platform managed, operated or maintained by ASKCUCU, including but not limited to ASKCUCU.COM and any associated domain name, sub-domain names, websites, social network domain names and other mobile Apps released by ASKCUCU.

16. “You”, depending on the intent of the clause where it appears and as the context requires, shall refer to the User, Lessee or Lessor, as the case may be.

2. Overview, Acceptance and Amendment of These Terms

2.1 These Terms are to define the rights and obligations of ASKCUCU and the User. These Terms apply to any use of ASKCUCU’s website and its services (including ASKCUCU.COM and its associated local domain name).

2.2 All the services available on ASKCUCU’s website are provided by Cucu Limited (Company Registration No.: 2347775, having its registered office at Room 1501, C1 Grand Millennium Plaza (Lower Block) 181, Queen’s Road Central, Hong Kong), e-mail: info@AskCucu.com.

2.3 ASKCUCU grants the access to its platform and database to the User in accordance with these Terms. By linking to ASKCUCU.COM or its associated local domain name and using the services available by ASKCUCU on its platform, you agree to be bound by these Terms.

2.4 ASKCUCU may change and amend these Terms at any time. ASKCUCU may execute such change and amendment without prior notice. The User has the obligation to keep himself informed of the updates of these Terms and to look them up frequently.

2.5 If you agree and accept these Terms for and on behalf of a corporation or any other legal entity, you shall undertake and warrant that you have been authorized by such corporation or legal entity to do so. ASKCUCU may require you to present the certificate of such authorization.

2.6 ASKCUCU only provides service to those individuals who are over the legal age of their countries (for instance, over 18 years old, in the case of China). Any individual who is below the legal age of his/her country shall be banned from visiting or using this website. Therefore, you hereby undertake and warrant that, at the time of visiting and using this website, you are over the legal age of your country.

3. ASKCUCU’s Services and Booking Contract

1. ASKCUCU.COM and its associated local domain name form an online service platform where the Lessor may make an offer for lease and the User may book the leased Premises offered and become the Lessee. ASKCUCU serves as the liaison between the Lessor and the prospective Lessee.

2. Both, the Lessee and Lessor shall sign a Booking Contract with ASKCUCU respectively at the time of submitting an application for lease. The contract between lessee and ASKCUCU shall include the specific premise, the lease period, the amount of service fee and the amount of monthly rent. The Lessee agrees to perform their respective rights and obligations in accordance with the provisions of this service.

3. If the Lessor has rejected the lessee's application for renting, the service contract between the lessee and the ASKCUCU is terminated. If the Lessor agrees to the Lease application of the lessee, the lessee still has a cancellation right according to the provisions of this article 10.3 of the terms of service.

4. If the Lessor accepts the application for renting a premise, the lessee shall pay the first month rent and service fee to ASKCUCU or the third party payment service provider designated by it. After receiving the first month rental, ASKCUCU shall inform the Lessor.

5. The Lessor has entered into a booking contract with ASKCUCU when it accepts the Lessee's lease application. ASKCUCU will send a confirmation by e-mail to the Lessee. The Lessor's acceptance of the lease application indicates confirmation of the rental application in the specific housing, lease period, the service fee, the amount of monthly rent and the lessee to enter into a lease contract. The Lessor agrees to perform their respective rights and obligations in accordance with the provisions of this service.

6. If the Lessor withdraws the booking contract in accordance with article 10.3 of the terms of this service, the booking contract between the Lessor and the ASKCUCU is terminated.

7. After the Lessor and the Lessee enter into a lease contract, both parties shall fully perform their respective rights and obligations. ASKCUCU is not a party in the lease contract, apart from providing the service provision of article 11, ASKCUCU doesn’t participate in the subsequent performance of the lease contract.

4. Use of ASKCUCU.COM and Its Associated Local Domain Name

4.1 Once users register successfully, they will become legitimate users of ASKCUCU and will receive a password and an account number. Every user is obliged to ensure the safety of the password and account. All active users carry full responsibility on the use of the password and account, therefore, ASKCUCU will not assume any responsibility for any loss or damage arising from inappropriate use of passwords and accounts.

4.2 The User’s use of this website and acceptance of its services shall not cause harm to ASKCUCU or any third party in any manner.

1. The Users shall properly keep their username and password without providing them to any third party for its use. If and when you believe your user name and password are usurped by any third party, you shall immediately inform ASKCUCU thereof.

2. The User’s use of this website and acceptance of its services shall not violate the provisions of any laws and regulations, nor infringe any intellectual property rights.

3. ASKCUCU may discontinue the provision of one or more network services according to the actual conditions, without any liability to make compensation to the User or any third party. ASKCUCU will give a reasonable prior notice to you if it intends to discontinue the provision of one or more network services.

4. ASKCUCU undertakes and warrants that: your personal information will be kept according to law and ASKCUCU’s Privacy System.

5. ASKCUCU’s Rights

5.1 In using this website and accepting its services, users bestow ASKCUCU with the rights to:

1. Terminate their use of ASKCUCU’s platform without prior notice;

2. Suspend, change or ban your users ID without prior notice;

3. Update its website or change the fee rate and terms of payment without prior notice;

4. Amend any provision of these Terms at any time without prior notice;

5. Report to the relevant authority on your illegal acts, if any.

6. ASKCUCU and Lessor

1. All and any leased Premises offered by the Lessor shall conform to the specific quality criteria listed on this website. If not, then ASKCUCU reserves the right to remove such leased Premises from the offer list.

2. Once a Lessor’s offer for lease is listed on ASKCUCU.COM, any user may submit a lease application in relation thereto through ASKCUCU. Upon receipt of any lease application submitted in relation to Lessor’s offer, ASKCUCU will immediately inform the Lessor of such application by email. The Lessor may log into his account on the website to give a reply to such an application within 48 hours (“Booking Period”). The Lessor must inform ASKCUCU of its decision to accept or reject such an application within the aforementioned 48 hours. If the Lessor fails to give such reply within the given time, then ASKCUCU reserves the right to remove all the offers of the Lessor from the offer list.

3. If a Lessor accepts a lease application, then he will receive a letter of confirmation sent by ASKCUCU by email that contains all the information about the leased Premises in question. Such an email will be copied to the Lessee. By confirming the email, Lessor expresses the intent to sign a lease contract with the Lessee.

4. After ASKCUCU informs the Lessee of the Lessor’s confirmation, the Lessor shall promptly send a written lease contract to the Lessee, no later than the Lease Commencement Date. The Lessor represents and warrants that the lease contract sent by it to the Lessee is consistent with that uploaded by it to ASKCUCU’s platform.

5. The Lessor shall be solely responsible for all the information posted under his name. The Lessor hereby undertakes and warrants that: the leasing of the Premises offered by him and the Lessee’s occupation in such Premises will not violate any agreement (such as the lease contract) between him and any third party (such as the Owner Committee or any co-owner of such Premises), and any laws or tax regulations. The Lessor also undertakes that he has the authority and power to sign a lease contract with the Lessee. Furthermore, ASKCUCU may require the Lessor to present the certifications of such authority and power, such as the property ownership certificate and, in the case where the Lessor signs the lease contract on behalf of the property owner, the power of attorney.

6. ASKCUCU has the right to require the Lessor to present his/her identification certificate.

7. ASKCUCU and Lessee

1. The Lessee will be required to input personal information in submitting a lease application. Lessee shall ensure the validity and accuracy of the personal information input. ASKCUCU may require the Lessee to present the formal certifications of such personal information.

2. If the Lessee intends to share the leased Premises with any other User, the Lessee must also input his/her user ID in the application and, at ASKCUCU’s request, present a copy of his/her identity certificate. Furthermore, the Lessee must obtain the consent of such a User on providing his/her personal information and identity certificate to ASKCUCU.

3. The Lessee hereby agrees that ASKCUCU may provide a copy of his identity certificate to the Lessor. Upon completion of the booking process, ASKCUCU will not retain any scanned copy of the identity certificate. In other words, ASKCUCU will destroy all the scanned copies of identity certificates in its possession as soon as it provides them to the Lessor.

4. Once the Lessee submits a lease application, ASKCUCU will immediately inform the Lessor thereof. Then the Lessor will be able to accept or reject his application through ASKCUCU’s platform. If the Lessor accepts the application, ASKCUCU will send a written confirmation of booking by email to the Lessee. If the Lessor rejects the Lessee’s application, ASKCUCU will promptly inform him thereof.

5. The Lessor will make a reply to the Lessee’s application within the Booking Period (48 hours).

6. If the Lessor fails to reply to the Lessee’s application within the Booking Period, then ASKCUCU will refund the service fee already paid by the Lessee. However, the exchange risk in transacting on ASKCUCU’s platform shall be subject to Article 12.4 hereof.

7. The laws and regulations on house leasing may differ from country to country. The Lessee has the obligation to learn and understand their local laws and regulations on house leasing. ASKCUCU gives no legal advice in this respect.

8. Once ASKCUCU informs the Lessee of the Lessor’s acceptance of the lease application, the Lessee may require the Lessor to deliver the Lease Contract to him prior to the Lease Commencement Date. The Lessor shall deliver the Lease Contract to the Lessee prior to the Lease Commencement Date. Before signing the Lease Contract, the Lessee shall thoroughly read and understand the content and legal implications of the Lease Contract.

9. By paying the due Service Fee and the first month rent to ASKCUCU, the Lessee’s payment obligation under the Booking Contract will be fully performed. ASKCUCU will transfer this amount minus the service fee to the Lessor within 48 hours from the Lease Commencement Date in accordance with the terms hereof.

8. General Terms of Payment

1. The Lessor and Lessee may visit ASKCUCU’s platform without charge.

8.2 If and when the Lessee intends to book any leased Premises through ASKCUCU’s platform, he/she shall pay a Service Fee to ASKCUCU. The amount of real-time Service Fee to the website announced prevail. Service fees should be provided when submitting a lease application through ASKCUCU.

8.3 If the Lessor accepts the lease application for a premise, the lessee shall pay the first month rent to ASKCUCU or the third party payment service provider designated by it. After receiving the first month rent, ASKCUCU shall inform the Lessor.

4. ASKCUCU shall continue to hold the first month rent in a non-interest-bearing bank account, until it’s transferred to the Lessor or returned to the Lessee.

5. All and any banking fees incurred in relation to the service fees and Deposit payable by the Lessee or the Lessor, as the case may be, are beyond ASKCUCU’s control and shall not be ASKCUCU’s responsibility.

6. In booking the leased Premises, the Lessee shall provide ASKCUCU or its designated third-party payment service provider with the payment details, such as the name and address of payer and means of payment used.

7. If the Lessee directly pays to ASKCUCU’s third-party payment service provider, then his/her payment behavior shall be subject to the service terms and privacy system of such third-party payment service provider. Before accepting the service, each of the Lessee and Lessor shall read the said service terms and privacy system.

9. Foreign currency

1. When the Lessor or Lessee offers or books, as the case may be, any Premises through ASKCUCU, the currency used by the Lessee in paying payments may differ from that used by the Lessor in collecting payments and it may be necessary for currency conversion. Each currency conversion transaction shall be conducted at a certain exchange rate. ASKCUCU has no right to decide such exchange rate.

2. An independent payment service provider without any involvement of ASKCUCU shall conduct all the currency conversion transactions.

3. All the exchange fees incurred by the currency conversion transaction shall be borne by the payer and deducted from the amounts paid or returned.

4. Please note that: If the currency the User’s bank card or bank account is dominated in differs from the currency the User selects in booking the Premises, then the User’s paying bank may conduct currency conversion at a certain exchange rate and charge the exchange fee at a certain rate. Likewise, the third-party payment service provider may also convert the amounts paid by the User at a certain exchange rate and charge the exchange fee at a certain rate. The aforesaid exchange rate and fee rate are beyond the control and knowledge of ASKCUCU.

5. The prices listed on the booking page are final. This is done to ensure that the correct amount in RMB is transferred to the Lessor.

10. Right to Cancel Contract and Limitations thereon

10.1 Upon ASKCUCU’s full performance of its service, the right to cancel the Booking Contract shall be terminated. When the Lessor accepts one of the lease applications, it shall be deemed that ASKCUCU has fully performed its service.

2. The Lessee states that:

“I hereby authorize ASKCUCU to immediately commence its service by sending my lease application to the Lessor. I am fully aware that, upon ASKCUCU’s full performance of the Booking Contract (for instance, the Lessor’s acceptance of my lease application), my right to cancel the Booking Contract shall be immediately terminated. ”

10.3 Prior to entering into a lease contract with the Lessor, the Lessee may cancel the Booking Contract without cause. The application for such cancellation shall be submitted in writing to info@askcucu.com. In this case, the amounts to be returned to the Lessee shall be as below:

Time of Cancellation by the Lessee Amounts to be Returned
From the Lessor’s acceptance of the Lessee’s lease application to more than two (2) months before the Lease Commencement Date 100% of the first month rental 0% of the service fee
From the Lessor’s acceptance of the Lessee’s lease application to somewhere between two (2) months and one (1) month before the Lease Commencement Date 50% of the first month rental 0% of the service fee
From the Lessor’s acceptance of the Lessee’s lease application to somewhere less than one (1) month before the Lease Commencement Date 0% of the first month rental 0% of the service fee

11. Provided Mediation by ASKCUCU

11.1 In any of the following emergencies, ASKCUCU shall provide mediation service to the Lessee and the Lessor:

1. There exists any discrepancy between the Lease Contract delivered by the Lessor to the Lessee on date of booking and the Lease Contract on the Lease Commencement Date, leased Premises, monthly rent, Deposit, tenancy period and other material respects;

2. The Lessor fails to deliver a written Lease Contract that contains the material provisions of the Booking Contract to the Lessee;

3. The Lessee is unable to move in the leased Premises;

4. The leased Premises provided by the Lessor is not the one specified in the Lease Contract or the Lessor attempts to instruct the Lessee to move into another Premises;

5. There exists any material inconsistency between the actual conditions of the leased Premises on the Lease Commencement Date and the descriptions and pictures thereof on this website;

6. Upon the Lessor’s acknowledgement of the accuracy of all the information contained in the Lessee’s lease application, the Lessee fails to sign a Lease Contract with the Lessor up till the Lease Commencement Date.

11.2 The mediation shall be conducted as below:

1. Either the Lessor or the Lessee shall inform ASKCUCU of the occurrence of any of the aforesaid emergencies by email or by phone within 48 hours. For instance, ASKCUCU shall be informed thereof no later than 48 hours after the Lease Commencement Date.

2. Upon its receipt of the notice of any of the aforesaid emergencies, ASKCUCU shall respectively communicate with the Lessor and the Lessee within 72 hours to solve such an emergency with its best efforts.

3. If ASKCUCU fails to come to a solution within 72 hours after it becomes aware of the said emergency, then it shall be assumed that such emergency cannot be solved. Before such assumption is proved false, either of the Lessor and Lessee may cancel the Booking Contract.

4. Upon occurrence of any of the aforesaid emergencies, ASKCUCU shall decide to transfer the first month rental to the Lessor or the Lessee on the basis of the actual circumstances, subject to the terms hereof. If any dispute arises as to whom this amount shall be transferred to and such dispute cannot be solved through internal consultation, this amount shall be returned to the lessee. In the event one party’s behavior should cause loss to the other party, ASKCUCU shall not intervene, nor assume legal responsibility.

12. Payment to Lessor

1. The time that it takes for the Lessor to receive the first month rent depends on the collection method selected by the Lessor. The time required for a bank transfer is beyond ASKCUCU’s control.

2. If the Lessee cancels the Booking Contract in accordance with Article 11.3, then the Lessor agrees and undertakes action to reimburse ASKCUCU for the Service Fee returned by ASKCUCU to the Lessee. Such reimbursement shall not preclude any other rights and remedies of the Lessee hereunder.

3. The Lessor hereby agrees to entrust ASKCUCU to collect the first month rent on his behalf. ASKCUCU on behalf of the Lessor will deposit this amount in a non-interest bearing account until 48 hours after the lease commencement date stipulated in the booking contract.

4. If the Lessee according to the article 10.3 of the terms of this service requests to cancel the booking contract, the return of the first month rent and service charge shall be determined according to the table of article 10.3.

13. Local Laws and Taxes

13.1 Local Laws

1. Most of the national and local authorities enforce special laws, regulations and rules on tenancy relationships. The Lessor and Lessee shall understand the local laws, regulations and rules on tenancy relationships of the place where the leased Premises in question are located.

13.2. Taxes

1. The Lessor shall pay all the taxes imposed by the local tax authority. ASKCUCU provides no tax advice.

14. Limitation of Liability of ASKCUCU

14.1 ASKCUCU is only a platform between the Lessor and the Lessee. Rental housing information is provided directly by the Lessor. ASKCUCU bears no obligation to examine the authenticity, integrity, and the lessee should pay attention during the transaction process.

14.2 To the extent permitted by law, ASKCUCU shall not be held liable for any further loss caused by any breach hereof, tort or infringement of any third-party intellectual property rights. Including but not limited to loss of profit, loss of data or goodwill, loss of business interruption, computer damage or system failure, cost of substitute products or services, resulting personal injury or mental stress or any damage arising out of using or failing to use this website and its services, contacting, communicating, exchanging or meeting with any other User of this website or offering (or booking) the leased Premises on this website.

14.3 The ultimate aggregate liability of ASKCUCU arising out of or in connection with these Terms or your use of this website (including but not limited to offering or booking any leased Premises through this website, using or failing to use this website and exchanging or interacting with any other Users) shall not exceed the total amount of your transactions with ASKCUCU during 12 months before the occurrence of your claimable event (i.e., the total amount that you pay for your bookings during the said 12 months, if you are the Lessee; or the total amount of the payments paid by ASKCUCU to you during the said 12 months, if you are the Lessor.) If your claimable event predates the occurrence of any transaction between you and this website, then the ultimate aggregate liability of ASKCUCU shall not exceed RMB 5,000.00. ASKCUCU and you shall enter into a discussion with respect to the scope of the said limitation of liability. In the case that the laws of the jurisdiction prevent precluding or limiting the liability for indirect damages or incidental damages, then the said limitation of liability shall not apply.

14.4 You hereby acknowledge that you have no objection to the existing functions of this website and agree that ASKCUCU may change such existing functions at any time. We will use our best effort to improve the website functions and services, but providing no assurance against service interruption or unavailability.

14.5 The acts of the Lessor, User, other users of this website and other occupiers of the leased Premises are beyond our control and therefore outside our scope of liability.

15. Indemnity

1. You shall indemnify and hold harmless ASKCUCU and any of its affiliates, shareholders, directors, officers, employees, agents and business partners from and against any damage or third-party claim arising out of your use of this website, acceptance of the services or any other act. You agree to indemnify and hold harmless ASKCUCU and any of its affiliates, shareholders, directors, officers, employees, agents and business partners from and against any third-party claim, directly or indirectly, arising out of your use of this website, acceptance of the services, illegal act or infringement of any third party right, including but not limited to any reasonable attorney’s fees and legal costs.

2. For avoidance of doubt, you hereby undertake that all the information and data provided by you to ASKCUCU are true and valid. You agree to indemnify ASKCUCU from and against any claim arising, directly or indirectly, from any false information provided by you as a result of your fault or not.

16. Intellectual Property Rights

1. All the rights in and to the intellectual properties (including but not limited to the texts and pictures on this website) shall be the sole property of ASKCUCU or their respective owners and shall not be used without prior consent. You may file an application by email for using any such right to its owner.

2. Under all circumstances, all the logos or registered trademarks shown on this website shall be the sole property of ASKCUCU or their respective owners.

3. The intellectual property rights pertaining to the materials uploaded by the User shall be the sole property of the User. The User hereby authorizes ASKCUCU to hold and use such materials for the agreed purposes.

17. Privacy Policy and Information Protection

1. ASKCUCU endeavors to carefully protect the privacy and personal data of the User.

2. Therefore, we have established a Privacy System that regulates the storage and use of personal information.

3. The Privacy System forms an integral part of these Terms and is also promulgated on this website.

4. Despite that ASKCUCU uses its best effort to protect your personal information (for instance, by enforcing reasonable precautions), you shall bear all the risks relating to the provision of your personal information and user data.

18. Assignment of Rights and Obligations

1. ASKCUCU may assign its rights and obligations hereunder to any third party, in particular for the purpose of changing its legal subject, corporate transfer or merger. Such assignment will not harm any of your rights hereunder.

2. Without our prior written consent, you may not delegate, assign, sell, sub-contract or otherwise dispose of any of your rights hereunder.

19. Notes

1. Your infringement of any right of a third party, if any, shall entitle such third party to demand ASKCUCU to modify or delete the links or materials resulting in such infringement and to disclose your personal information (restricted to your name and contact information), for which ASKCUCU will not make any compensation or remedy. You hereby agree that ASKCUCU may conduct such modification, deletion or disclosure when necessary. You shall indemnify ASKCUCU from and against any costs and expenses arising in connection therewith.

20. Governing Laws and Jurisdiction

1. These Terms shall be governed by and interpreted and enforced in accordance with the laws of the People’s Republic of China.

2. These Terms shall be written in Chinese. If there is any conflict between the Chinese version and any translation thereof, the former shall prevail.

3. Both parties agree to submit any dispute arising out of these Terms to the jurisdiction of the courts of China.

21. Others

1. If any provision of these Terms is held invalid, illegal or unenforceable by a court or a competent authority, the effect of the remaining provisions shall not be affected. The remaining provisions shall be valid to the extent permitted by law.

21.2 Any failure by us to enforce any provision hereof shall not be deemed as a waiver of any other provision, nor operate as a waiver of your obligation to perform such provision. The User shall comply with these Terms at any time.