Last updated 10 January 2018
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE KERB.
The "Service(s)" means (a) Kerb's website -at www.kerb.works, its iOS and Android apps, and any other services which relate to renting or leasing a parking space through our platform. The Service does not include your data (as defined below). Kerb reserves the right to modify or discontinue the Service or any functionality or feature thereof, at any time and without notice to you. All rights to the Service and its components (including intellectual property rights) will remain with and belong exclusively to Kerb.
The Site, Application and Services are intended to facilitate the leasing and renting of private parking spaces ("parking spaces"). Such parking spaces are included in listings on the Kerb website and in its apps. You need to create a Kerb account in order to view these parking space listings, or to list your own private parking space.
As stated above, Kerb makes available an online platform or marketplace with related technology for Users and Leasers to meet online and arrange for bookings of private and commercially owned parking spaces directly with each other. Kerb is not an owner or operator of any of these parking spaces. Unless explicitly specified otherwise on the Kerb platform, Kerb's responsibilities are limited to: (a) ensuring the website and apps are available, and, (b) serving as the limited payment collection agent of each Leaser, and accepting payment on behalf of each User.
PLEASE NOTE THAT KERB FACILITATES USERS TO FIND AND RENT PRIVATE PARKING AND COMMERCIALLY-OWNED SPACES IN THEIR CITY, AND LEASERS TO LIST THEIR PRIVATE AND COMMERCIALLY-OWNED PARKING SPACES FOR RENT. KERB DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND DOES NOT SCREEN OR VET THE PEOPLE RENTING PARKING SPACES THROUGH ITS PLATFORM, NOR DOES IT HAVE ANY RESPONSIBILITY FOR THE SUITABILITY, RIGHT-TO-LEASE OR CONDITION OF ANY PARKING SPACES. KERB IS IN NO WAY RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY RELATED TO, ANY PARKING SPACES LISTED ON ITS WEBSITE AND APPS. AS SUCH, ANY BOOKINGS YOU MAKE OR LISTINGS YOU SUBMIT THROUGH THE KERB WEBSITE OR APPS WILL BE MADE AT YOUR OWN RISK. IF YOU DO NOT FULLY AGREE AND ACKNOWLEDGE THIS CONDITION, PLEASE DO NOT USE KERB.
In certain countries, states and cities, specific laws restrict the leasing of private and commercial property for the purposes of parking a vehicle. LEASERS SHOULD UNDERSTAND WHETHER SUCH LAWS APPLY, AND HOW SUCH LAWS WORK, IN THEIR RESPECTIVE COUNTRY, STATE OR CITY. OFTEN, THESE LAWS WILL BE PART OF A CITY'S MUNICIPAL, ADMINISTRATIVE OR ZONING CODES OR LAWS. IN MANY STATES AND CITIES, A LEASER WILL NEED TO OBTAIN A LICENSE OR PERMIT BEFORE LISTING A PARKING SPACE FOR PRIVATE RENTAL. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS TAKE VERY DIFFERENT APPROACHES TO HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. IT IS THE LEASER'S SOLE RESPONSIBILITY TO REVIEW AND ENSURE COMPLIANCE WITH LOCAL LAWS BEFORE LISTING A PARKING SPACE ON KERB. KERB TAKES NO RESPONSIBILITY FOR NON-COMPLIANCE BY LEASERS OR USERS WITH LOCAL LAWS THAT GOVERN THEIR ABILITY TO LEASE OR RENT A PRIVATE OR PUBLIC PARKING SPACE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE KERB.
To access the Kerb website or app, and to search for parking spaces or lease your parking space, you must register to create an account. Registration can be conducted through the Kerb website and/or the Kerb iOS and Android apps.
You may not have more than a single active Kerb account. We require you to provide accurate information, including name, email address and mobile/cell phone number, so that Kerb and other users of the site may contact you regarding the renting or leasing of a parking space. You agree to keep this information current.
If Kerb suspects that you have created more than one account, it reserves the right to suspend or terminate your account(s), thus preventing your access to the Kerb website and/or apps. You are responsible for keeping your password secure, and for not disclosing it to any third party. You agree to indemnify Kerb against any breaches of security to your account, and to immediately notify Kerb of any unauthorized use of your account.
You agree that Kerb is a platform for advertising parking spaces owned or controlled by Leasers and that we have no responsibility for any of the parking spaces listed on the Kerb Service, other than administering and confirming listing and bookings, and collecting payment on behalf of the Leaser. For the avoidance of doubt, Kerb offers no guarantees whatsoever about the suitability of any parking space listed or advertised on its Service. You acknowledge that Kerb can in no way be held responsible for the accuracy of the information displayed about a parking space, or for the actions of the Leaser or other party related to a particular parking space listing.
As a Leaser, you may create parking space listings on the Kerb website and/or app. In order to do this, you will be required to provide specific information about the parking space you wish to list. Kerb requires you to provide at least one photo of-and a valid physical address for-your listing, which will be made available on the Kerb website and app. Users of Kerb will be able to request to rent your parking space, based on the information, including the price, that you have listed. You agree that once a User has requested to book the parking space you have listed, you may not ask the User to pay a different price than in the booking request.
You understand and agree that you alone are responsible for any information, or for any omissions to information, as it relates to your listing. For the avoidance of doubt, you acknowledge that any parking space listing you post on the Kerb Service (a) will not breach any agreements you have entered into with any third parties, such as a homeowners' association, condominium management team, rental or lease agreement, and (b) complies with all applicable laws (such as permits, zoning laws and laws governing rentals of private property). You agree that Kerb is in no way responsible for a Leaser's compliance (or lack thereof) with any such agreements or laws.
Kerb reserves the right to remove or suspend any listing or Leaser that it believes to be non-compliant with any of the above. Kerb also reserves the right to amend or update any text or imagery in any of the listings displayed on its website or apps.
As a Leaser, you acknowledge that, while Kerb collects and transfers payments on your behalf, it does not act as an insurer or as your contracting agent. If a User requests to book your parking space and parks a vehicle on your parking space, any agreement you enter into with that User is between you and the User and Kerb is not a party to that agreement.
Kerb strongly recommends that Leasers have appropriate insurance for any parking space they are listing on the Service, and have appropriately insured any property associated with the parking space. BY LISTING YOUR PARKING SPACE ON THE KERB WEBSITE OR APP, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY INFORMED ABOUT ANY INSURANCE, INCLUDING EXCLUSIONS TO AND DEDUCTIBLES FROM THE RELEVANT INSURANCE POLICY. YOU AGREE THAT KERB IS IN NO WAY RESPONSIBLE FOR ENSURING THAT PARKING SPACES LISTED ON ITS SERVICE ARE APPROPRIATELY INSURED, NOR WILL IT BE HELD IN ANY WAY RESPONSIBLE FOR DAMAGE CAUSED TO PARKING SPACES OR VEHICLES AS A RESULT OF USE OF THE KERB SERVICE.
Kerb rewards longer-term bookings with the following default discounts: Book for 5+ days: 5% discount; Book for 20+ days: 10% discount; Book for 40+ days: 15% discount. All discounts are deducted from the total booking amount remitted to the Leaser. As a Leaser you have the option to opt-out of the aforementioned discounts on your parking spaces, but the default Kerb setting is that discounts will automatically be applied to your listing. If you do not wish to have discounts applied to your parking space listing, you can unselect the option 'Enable discounts to increase bookings' either when you list your parking space(s), or by clicking on the 'My Kerb' tab in the Kerb app. YOU ARE SOLELY RESPONSIBLE FOR DISABLING DISCOUNTS ON YOUR PARKING SPACE(S), and you agree that Kerb is in no way responsible for switching off discounts on your parking space(s), or for any shortfall in your total booking fee, as a result of discounts being applied. IF YOU DO NOT AGREE WITH THIS TERM OF SERVICE, PLEASE DO NOT USE KERB.
As a User or a Leaser, by creating a Kerb Account, you agree that Kerb may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. If you no longer wish to receive (SMS) messages from Kerb, you can opt out at any time by sending an email to noSMS@kerb.works indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You understand that messaging between Users and Leasers is a fundamental part of the Service, and that by opting out of receiving text (SMS) messages you may negatively impact your use of Kerb.
Kerb does not endorse any User, Leaser or any parking space associated with its platform. You acknowledge that descriptions and photographs of parking spaces are unverified representations of a parking space that were made at the time the parking space was listed. Leasers are required by these Terms to provide accurate information about a parking space, but Kerb takes no responsibility for checking the veracity of this information.
FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE THAT BY USING KERB, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR LEASERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR LEASER OR OTHER THIRD PARTY WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON - OR SEEK ANY LEGAL REMEDY FROM - KERB WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. As such, we encourage you to communicate directly with other Users or Leasers around bookings or listings made by you.
Key definitions related to booking, listing and paying for a parking space on Kerb
"Booking Request Period" is the stated amount of time in which a Leaser is required to accept or reject a User request to book a parking space.
"Booking Fee" means the amount due and payable by a User in exchange for parking a vehicle on a Leaser's parking space. The Leaser alone, and not Kerb, is responsible for the Booking Fee for his or her Listing.
"Commission" means the fee that Kerb charges a Leaser for the use of the Service, which is calculated as a percentage of the applicable Booking Fee.
"Taxes" means government levies, such as GST, TVA or VAT, that the Leaser may be required to pay to the government or municipal body where a parking space is located. In certain cases, Kerb may be required to collect these taxes on behalf of a government or municipal body in a particular region, in which case these taxes will be displayed to Users and Leasers at the time of a booking.
"Total Fee" means collectively the Booking Fee, plus any Taxes that Kerb may be required to collect.
Stripe Connected Account Agreement
Payment processing services for Leasers on Kerb are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Leaser on Kerb, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kerb enabling payment processing services through Stripe, you agree to provide Kerb accurate and complete information about you and your business, and you authorize Kerb to share it and transaction information related to your use of the payment processing services provided by Stripe.
Bookings and Financial Terms for Users and Leasers
If you are a Leaser and a booking is requested for the parking space you have listed on Kerb. you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a User makes a Booking Request, Kerb will share with you (a) the first and last name of the User who is requesting to park their vehicle in your parking space, (b) a link to the User's profile page, (c) an indication of whether or not the User has provided other information to Kerb, such as a vehicle registration number and a verified email address. If you are not able to confirm a Booking Request within the Booking Request Period, any amounts collected by Kerb for the requested booking will be refunded to the applicable User's credit card and any pre-authorization of the relevant credit card will be released. When you confirm a booking requested by a User, Kerb will send you an email, text message or message via the Kerb website or app, confirming the booking, depending on the selections you make when you register for the Kerb Service.
Kerb will collect the Total Fee at the time of booking confirmation (i.e. when the Leaser confirms the booking request) and will initiate payment of the Parking Fee (less Kerb's Commission and any Tax that Kerb is required to pay, such as VAT/TVA in the UK or Europe, or GST in Australia or New Zealand) to the Leaser within 7 days after the commencement of the parking space booking). The time it takes for the Leaser to receive payouts will be determined by the payout method chosen by the Leaser. In most cases, payment will involve a third-party payment processor, which may deduct their own service charges from the payout amount to the Leaser.
KERB RESERVES THE RIGHT TO WITHHOLD FUNDS OWED TO LEASERS, IN THE EVENT THAT A LEASER'S ACCOUNT BECOMES DELINQUENT, OR OTHERWISE HAS RELATED CHARGEBACKS. SUCH FEES OR CHARGES MAY INCLUDE CONVENIENCE FEES OR COLLECTION FEES OR ANY OTHER THIRD PARTY FEES. YOU HEREBY EXPLICITLY AGREE THAT ALL COMMUNICATION IN RELATION TO DELINQUENT ACCOUNTS AND CHARGEBACKS WILL BE MADE BY ELECTRONIC MAIL OR BY PHONE, AS PROVIDED TO KERB BY YOU. SUCH COMMUNICATION MAY BE MADE BY KERB OR BY ANYONE ON ITS BEHALF, INCLUDING BUT NOT LIMITED TO A THIRD PARTY COLLECTION AGENT.
Appointment of Kerb as Limited Payment Collection Agent for Leaser
Each Leaser hereby appoints Kerb as the Leaser's limited payment collection agent solely for the purpose of accepting the Parking Fees from Users.
Each Leaser agrees that a payment made by a User through Kerb shall be considered the same as a payment made directly to the Leaser, and the Leaser will make the parking space available to the User in the agreed-upon manner as if the Leaser has received the Parking Fee directly. As a Leaser you understand that as Kerb accepts payments from Users as the Leaser's limited payment collection agent and that Kerb's obligation to pay the Leaser is subject to and conditional upon successful receipt of the associated payments from Users. FOR THE AVOIDANCE OF DOUBT, KERB DOES NOT GUARANTEE PAYMENTS TO LEASERS FOR AMOUNTS THAT HAVE NOT BEEN SUCCESSFULLY RECEIVED BY KERB FROM USERS. BY YOUR ACCEPTING OF KERB'S APPOINTMENT AS THE LIMITED AUTHORIZED AGENT OF THE LEASER, YOU ACCEPT THAT KERB ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE LEASER.
Bookings and Financial Terms for Users and Leasers
As a Leaser, you, not Kerb, are solely responsible for honoring any confirmed bookings and making available your parking space reserved through Kerb. As a User, if you choose to enter into a transaction with a Leaser for the booking of a parking space, you acknowledge that you will be required to enter into an agreement with the Leaser and you agree to accept any conditions or rules imposed by the Leaser, as they relate to the parking space you are renting. You acknowledge that you will be fully responsible for respecting any such conditions and rules, that Kerb is not a party to such agreements, and that, with the exception of its payment obligations outlined in this document, Kerb disclaims all liability arising from or related to any such conditions or rules.
The Parking Fee payable, plus any applicable taxes, will be displayed to a User before a booking request is sent to a Leaser. The Leaser is required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be cancelled, and any relevant Booking Fee and applicable taxes will be refunded to the User.
As a User, you agree to pay Kerb the Parking Fee and any applicable taxes for any booking requested in connection with your Kerb Account if such requested bookings are confirmed by the relevant Leaser. In order to establish a booking, pending the relevant Leaser's confirmation of your requested booking, you understand and agree that Kerb, on behalf of the Leaser, reserves the right, in its sole discretion, to (a) obtain a pre-authorization via your credit card for the Parking Fee and any applicable taxes or (b) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are making the payment (e.g. one Euro or one Real), to verify your credit card. Kerb will collect the Parking Fee and any taxes due once Kerb receives confirmation of your booking from the relevant Leaser. In certain cases, and depending on the geographic jurisdiction in which you operated, these fees may be collected at a later point. PLEASE NOTE THAT KERB CANNOT CONTROL ANY FEES THAT MAY BE CHARGED TO A USER BY HIS OR HER BANK RELATED TO KERB'S COLLECTION OF THE PARKING FEE AND ANY APPLICABLE TAXES, AND KERB DISCLAIMS ALL LIABILITY IN THIS REGARD.
In order to make a booking request, Kerb will need to collect from you certain billing information such as name, billing address and credit card information for its third-party payment processor(s). You agree to pay Kerb for any confirmed bookings made in connection with your Kerb Account in accordance with these Terms of Service by one of the methods described on the Kerb site or app, e.g. by Credit Card, PayPal or AliPay. You hereby authorize the collection of such amounts by charging the credit card or bank account provided as part of requesting the booking. You also authorize Kerb to charge your credit card or bank account in the event of damage caused to a parking space you rented, or associated property, as described in the section "Damage to Parking Spaces, Vehicles and Related Property" below. As soon as your booking is complete, you will receive a confirmation email detailing your confirmed booking.
In consideration for the use of the Kerb Service, Kerb charges a Commission on the Booking fee. Where applicable, Tax (such as GST in Australia and New Zealand or VAT/TVA in the UK or Europe) may also be charged in respect of the Booking Fee. Kerb deducts is Commission before remitting the balance to the Leaser, as described in these Terms of Service. All such fees are, as noted above, included in the Total Fee.
Kerb will remit balances to a Leaser via PayPal, direct deposit, check or other payment methods, in the Leaser's currency and method of choice, depending upon the selections the Leaser makes on the Kerb website or app. Amounts may be rounded up or down as described in the "Rounding Off" section below.
Please note that Kerb reserves the right to deduct in full any foreign currency processing costs and credit card transaction fees on or from any payments or payouts by Kerb in any currency. Unless otherwise stated by Kerb, the Service Fee and any other Processing Fees are non-refundable.
Cancellations and Refunds
As a User of the Kerb Service, if you cancel your booking for a parking space before the requested booking has been confirmed by a Leaser, Kerb will cancel any pre-authorization to your credit card and will refund any amounts owing to your credit card, in a commercially reasonable time. IN ALL OTHER CASES, AND WITHOUT EXCEPTION, IF YOU CANCEL A BOOKING AFTER THE BOOKING HAS BEEN CONFIRMED BY THE LEASER, YOU WILL BE CHARGED THE FULL PARKING FEE, REGARDLESS OF WHETHER YOU ARE ABLE TO PARK IN THE PARKING SPACE OR NOT. IF YOU DO NOT AGREE WITH THIS CONDITION, PLEASE DO NOT USE KERB.
If a Leaser cancels a confirmed booking made via Kerb, we will refund the full Booking Fee to the applicable User within a commercially reasonable time of the cancellation. Kerb will send notification of any cancelled booking within 24 hours via email, SMS or the Kerb website or app, but you acknowledge that Kerb is in no way liable for the non-arrival-for example, due to email Spam filters-of such notification.
As a Leaser, if you cancel a confirmed booking, you acknowledge that Kerb reserves the right to apply penalties to you or your listing. These may include, but are not limited to (a) notifying the Kerb community, via an automated notice on your profile, that you cancelled a booking (b) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (c) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Kerb Account).
Kerb may decide, in certain extenuating circumstances, and at its sole discretion, that it is necessary or desirable to cancel a confirmed booking made on the Kerb platform. You agree, as a User or a Leaser, to indemnify Kerb against any such cancellations. You also acknowledge that, in certain circumstances, Kerb will not be able to provide details as to why a particular booking was suddenly cancelled.
As a Leaser you acknowledge a User's right to cancel a booking request before you have had a chance to confirm it. If a User cancels a confirmed booking or Kerb deems it necessary to cancel a confirmed booking, and Kerb issues a refund to the User in accordance with the User Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid, Kerb is entitled to recover the amount of any such User refund from you. For the avoidance of doubt, remedies may include deducting any refund amount from any future Parking Fee due to you, or deducting the amount directly from your credit card.
Kerb may, at its sole discretion, round up or round down amounts that are payable to Users or Leasers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Dollar, Pound Sterling, Euro, RMB, Rupee or other supported currency); for example, Kerb will round up an amount of EUR15.56 to EUR16, and AUD24.32 to AUD24.
In cases where a currency is denominated in large numbers, Kerb may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency. For example, Kerb would round up INR10,075 to INR10,100, or would round down VND55,020 to VND55,000.
In certain jurisdictions, Kerb may be required to collect and withhold taxes from its Leasers, and to remit these taxes to the local tax authorities. For example, in Australia Kerb is required to collect ten percent (10%) Goods and Services Tax (GST), in the UK it is required to collect 20 percent (20%) Value Added Tax (VAT), while in France it is required to collect twenty percent (20%) 'Taxe à la Valeur Ajoutée' (TVA). As a Leaser, you acknowledge that you may be required to pay tax on any income derived from leasing your parking space through Kerb. You understand that you are solely responsible for keeping the information in your tax forms current, complete and accurate.
Damage to Parking Spaces, Vehicles and Associated Property
As a User, you are responsible for leaving a parking space clean and tidy. You acknowledge that you shall be responsible for the cost of repairing any damage you make to the parking space, to associated property, to or other vehicles located on or in the vicinity of the parking space. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT A CONFIRMED BOOKING OR A PARKING SPACE ON KERB IS SIMPLY A LICENCE GRANTED BY THE LEASER TO THE USER TO PARK THEIR DESIGNATED VEHICLE ON THE ADVERTISED PARKING SPACE. AS SUCH, YOU UNDERSTAND THAT KERB IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE YOU CAUSE TO PARKING SPACE OR ASSOCIATED PROPERTY OR VEHICLE(S), AND AGREE TO INDEMNIFY KERB AGAINST ALL CLAIMS IN THIS REGARD. IF YOU DO NOT AGREE WITH THIS CONDITION, DO NOT USE KERB. In the event that a Leaser reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Kerb in its reasonable discretion, Kerb reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Leaser using your payment method designated in your Account. Such amounts will be transferred by Kerb to the applicable Leaser and are non-refundable. In the event that we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to a parking space, or cleaning services required, to the relevant Leaser or to Kerb (if applicable). As a User or as a Leaser, you agree to cooperate with Kerb in good faith, on any matters regarding damage to a parking space.
As a Leaser, you acknowledge that you are responsible, to the best of your ability and in good faith, for ensuring that the parking space you are listing on Kerb is clear, accessible and unlikely to result in any damage to a User's vehicle. You agree that you will not advertise on Kerb a parking space that you know is not fully accessible or may be detrimental to the safety of a User's vehicle. You also agree that, if there is any possible impediment for a User to access the parking space, you will notify prospective Users via the information you list on the Kerb website or app, or via SMS, email or in-app message, in the event that a User has already booked the parking space. You acknowledge that you agree to indemnify Kerb against any damage to any parking space or associated property or vehicle(s), as a result of listing or leasing a parking space through Kerb. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT A CONFIRMED BOOKING OR A PARKING SPACE ON KERB IS SIMPLY A LICENCE GRANTED BY THE LEASER TO THE USER TO PARK THEIR DESIGNATED VEHICLE ON THE ADVERTISED PARKING SPACE. AS SUCH, YOU UNDERSTAND THAT KERB IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE CAUSED TO A PARKING SPACE OR ASSOCIATED PROPERTY OR VEHICLE(S) THAT YOU LIST ON KERB, AND YOU AGREE TO INDEMNIFY KERB AGAINST ALL CLAIMS IN THIS REGARD. IF YOU DO NOT AGREE WITH THIS CONDITION, PLEASE DO NOT USE KERB.
Overstaying without the Leaser's Consent
As a User, you agree that a confirmed booking for parking space on Kerb is simply a license granted by the Leaser to the User to park their designated vehicle on the advertised parking space. You acknowledge that you may only park your vehicle on the Leaser's parking space for the period designated in the booking, and agree to leave the parking space no later than the departure time indicated in the original booking. If, for whatever reason, you are running late or have an issue that will prevent you from removing your vehicle from the designated parking space, you agree to contact the Leaser, via text message or through the Kerb platform, before the parking time expires, to notify them that you will be late removing your vehicle from the designated parking space. If you stay past the agreed upon departure time you no longer have a license to park your vehicle on the Leaser's parking space and you acknowledge that the Leaser make take any reasonable steps to have your vehicle removed. In the event that a Leaser is obliged to have your vehicle or possessions removed from their parking space, you agree to indemnify Kerb against any charges incurred for the recovery of your vehicle.
As a User, you agree that Kerb, in its role as limited collection agent for the Leaser, may charge your credit card or other payment methods it has on file to collect any additional sum incurred as a consequence of your failure to remove your vehicle or possessions on time. Fees, as claimed by a Leaser, might include, but are not limited to, the cost of having a third-party service remove your vehicle or possessions, compensation paid to subsequent parking bookings that were unable to use the parking space, or parking fines. IF YOU DO NOT AGREE WITH THIS CONDITION, DO NOT USE KERB.
Kerb facilitates bookings between Users and Leasers, who may prefer to pay and receive payments in different currencies. These foreign currency transactions will require foreign currency conversions. Although Kerb allows Users and Leasers to view the price of a parking space in a number of currencies, the currencies available for users to make and receive payments may be limited, and might not include the default currency in a particular geographic location.
All foreign currency transactions made on Kerb are processed at a specific foreign currency conversion rate, at a specific time around-but not necessarily at-the time of booking. You acknowledge that currency conversion rates will vary from time to time and that the exchange rate that appears on your statement from Kerb may differ slightly from the exchange rate that was listed on the Kerb platform at the time the booking was made. You acknowledge that Kerb is in no way responsible for variations in foreign currency amounts, as they relate to the amount that was displayed at the time of booking and the amount that is displayed on your transaction statement.
"Display Currency" is the currency in which a User views Listing prices on the Kerb website or app. Users may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency" means the currency in which a User has to pay for his or her booking. At the time the User submits a booking request, the Kerb platform will select the Booking Currency, based on the User's country of origin and the payment methods available for that country. Kerb supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Leaser.
"Payout Currency" means the currency in which a Leaser's payout will be paid to the Leaser. The Payout Currency is set by the Leaser.
"Base Exchange Rate" means a system-wide rate used by Kerb for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Kerb. Kerb establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Kerb for its holding costs and foreign currency risks.
Foreign currency conversions on the Kerb platform
When you submit a booking request for a parking space listed on Kerb, you, as a User, will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
Kerb updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Kerb does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Kerb and, as such, you agree that Kerb has no responsibility for them.
The Kerb website, apps, name and logo, and collective content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge that the aforementioned are the exclusive property of Kerb and its licensors. As such, you must not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated on the Kerb website or apps.
The Kerb website and apps may contain links to third-party websites or resources. You acknowledge and agree that Kerb is not responsible or liable for either the availability of these links, or the content which resides on the pages they point to, nor do links on the Kerb website or apps constitute an endorsement by Kerb.
All trademarks, service marks, logos, trade names and any other proprietary designations of Kerb used herein are trademarks or registered trademarks of Kerb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Kerb respects copyright law and expects its users to do the same. It is Kerb's policy to terminate in appropriate circumstances the Kerb Accounts of Users or Leasers who repeatedly infringe the rights of copyright holders. You acknowledge that Kerb and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, amend, refuse or remove any content that you place on the Kerb website or app.
Kerb reserves the right, at its sole discretion and without prior notice, to suspend, deactivate or cancel your Kerb account at any time. In the event that Kerb terminates your account, any or all of the following may occur: (a) we may communicate to any Users or Leasers associated with your account, to notify them of the cancellation of your account, and to suggest other parking spaces; (b) we may refund Users or Leasers associated with your account for any confirmed bookings; (c) any pending or accepted future bookings associated with your account will immediately be cancelled; (d) you will not be entitled to a refund of any outstanding parking fees associated with your account.
You may cancel your account at any time via the 'Cancel Account' link on your Kerb profile page, or by sending us an email, and you acknowledge that Kerb has no obligation to delete or return to you any content you have posted on the Kerb website or app.
YOU AGREE THAT KERB WILL NOT BE IN ANY WAY LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR FOR ANY COSTS YOU INCUR BY USING THE SERVICE. YOU ALSO AGREE TO INDEMNIFY KERB FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT WILL KERB BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR ASSOCIATED DAMAGES WHATSOEVER ARISING OUT OF ERRORS, MISTAKES OR INACCURACIES ON THE KERB WEBSITE, OR APP. YOU ALSO AGREE TO INDEMNIFY KERB AGAINST ANY PERSONAL INJURY OR DAMAGE TO A PROPERTY OR PARKING SPACE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KERB SERVICE. BY USING THE SERVICE, YOU ALSO AGREE THAT KERB CANNOT BE HELD RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF ITS SERVICE, OR FOR ANY FINANCIAL OR OTHER LOSSES THAT YOU MIGHT INCUR AS A RESULT OF YOUR INABILITY TO ACCESS THE KERB WEBSITE OR APP. KERB CANNOT BE HELD RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO THE KERB WEBSITE OR APP, NOR FOR ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE KERB WEBSITE OR APP. YOU ACCEPT THAT NO CLAIM MAY BE BROUGHT AGAINST KERB IN RELATION TO THIS AGREEMENT MORE THAN TWENTY-EIGHT DAYS FOLLOWING THE BOOKING OR LISTING WHICH RELATES TO THE CLAIM. KERB WILL IN NO WAY BE HELD RESPONSIBLE IN THE EVENT OF A CLAIM BY A USER OR LEASER AGAINST YOU. FOR THE AVOIDANCE OF DOUBT, IF A USER, LEASER OR OTHER PARTY MAKES A CLAIM AGAINST YOU RELATING IN ANY WAY TO YOUR USE OF KERB'S SERVICE, KERB WILL NOT BE REQUIRED TO RETURN ANY MONEY TO EITHER YOU OR ANOTHER USER, LEASER, OR PARTY, AS IT RELATES TO THE BOOKING OR LISTING IN QUESTION, NOR WILL IT BE REQUIRED TO PAY ANY ATTORNEYS' FEES, ACCOUNTANTS FEES OR ANY OTHER LEGAL FEES WHATSOEVER. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ALSO AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, THAT THE ENTIRE RISK OF YOUR USING THE KERB SERVICE REMAINS WITH YOU, AND THAT KERB CAN IN NO WAY BE HELD LIABLE FOR ANY DAMAGES, LOSSES, INJURIES OR EMOTIONAL STRESS THAT ARE IN ANY WAY RELATED TO YOUR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, KERB'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU DO NOT AGREE WITH, OR ARE UNCLEAR ABOUT, ANY OF THESE LIMITATIONS OF LIABILITY, YOU MUST NOT USE THE KERB SERVICE.
You agree to release, defend, indemnify, and hold Kerb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Kerb website and app.
If you deem that a User or Leaser with whom you have interacted on the Kerb website or app, or subsequently in person, has not behaved in an appropriate manner you should immediately notify Kerb of your concerns. If you deem that the conduct of said User or Leaser is reckless, racially abusive, illegal or otherwise strongly objectionable, you acknowledge that it is incumbent upon you to notify the relevant authorities - in most cases this will be your local police authorities.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Queensland and Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Brisbane, Queensland, Australia, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY OR MAGISTRATE HEAR YOUR CLAIMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS DISPUTE RESOLUTION, YOU MUST NOT USE THE KERB WEBSITE.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Service or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, will be resolved as follows:
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Brisbane, Australia with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR className MEMBER IN A PURPORTED className ACTION OR REPRESENTATIVE PROCEEDING. You and Kerb agree that any arbitration will be limited to the Dispute between Kerb and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND KERB ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR className MEMBER IN ANY PURPORTED className ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kerb otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any className or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Brisbane, Australia. You and Kerb agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Magistrate and Federal courts located in Brisbane, Australia have exclusive jurisdiction and you and Kerb agree to submit to the personal jurisdiction of such courts.
Kerb's failure or inability to enforce any of the provisions in this TOS will not constitute a waiver of future enforcement of that provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kerb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.