1. Acceptance of Terms
- This Terms of Service document (“TOS”) is an agreement that you must accept to use KERB’s Service (as defined below). The document describes your rights and obligations as part of using the Service. KERB Holdings Company Pty Ltd (“KERB”, “KERB Bays”, “we”, “us”, “our” “the KERB platform”) only provides its Service (as defined below) to you subject to this TOS. By accepting this TOS or by accessing or using the Service, you agree to be bound by this TOS (including the Privacy Policy, which is incorporated here by reference).
- It is applicable to
- “Leasers”. This includes the owners and operators of commercial and private parking spaces who are seeking to lease the said parking spaces through the KERB website or app; and also, to parties who have deemed themselves legally entitled to lease a parking space through the KERB website or app, even though they may not be the actual owner of the parking space;
- “Users”. Which includes any individual or party who is seeking to rent a parking space through the KERB website or app.
- If you are entering into this TOS on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and any associated members or Users to this TOS. In that case, the terms “you” or “your” shall also refer to such entity and any associated members. If you do not have such authority, or if you do not agree with this TOS, you must not use the Service. You acknowledge that this TOS is a contract between you and KERB and it governs your use of the Service, even though it is electronic and is not physically signed by you and KERB.
- As its business evolves, KERB may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes, either by sending an email to the address associated with your account or by posting a notice on the KERB website or app. You can review the most current version of the TOS at any time by visiting this page via the KERB website or KERB app. The revised TOS will become effective on the date indicated in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms of service. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Service, which you may do via the ‘My KERB’ tab on the website or app.
- By accessing or using the Service, you affirm that you are at least 16 years of age (or have reached the legal age to drive a vehicle if that is not 16 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms of service on this page. If we become aware that you are using the Service even though you are under 16, we will deactivate your account.
- Users are responsible for the content they post on the KERB platform, including reviews and parking space listings. Content that is fraudulent, deceptive, offensive, or violates the rights of others is strictly prohibited and will be removed. Users found in violation of this policy may have their accounts suspended or terminated.
- The most current version of the Terms of Service can be reviewed at any time by visiting the ‘Terms of Service’ link prominently displayed on the homepage, in the footer, and within the app’s main menu. We advise all Users and Leasers to review the Terms regularly to stay informed of any updates or changes.
2. Description of Service
The “Service(s)” means KERB’s website – at www.kerb.works, its iOS and Android apps, and any other services which relate to renting, leasing or accessing a parking space through our platform. The Service does not include your data (as defined below). KERB reserves the right to modify or to 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 and commercial parking spaces (“parking spaces”). Such parking spaces are included in listings on the KERB website and in its apps. Some sites may require you to create a KERB account in order to view these parking space listings. You will need a KERB account to list your own private parking space or car parks on the Service.
As stated above, KERB makes available an online platform or marketplace with related technology for Users and Leasers to meet online and arrange for pre-payments 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:
- ensuring the Service is available, and,
- serving as the limited payment collection agent of each Leaser and accepting payment on behalf of each User.
3. City and State Specific Laws on Renting Private Parking Spaces
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 soles 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.
KERB operates in multiple countries, and local laws may vary. Users and Leasers are responsible for complying with all applicable laws in their jurisdiction, including tax obligations, consumer protection laws, and regulations related to the leasing of property.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
4. How the Site, Application and Services Work
4.1 Account Registration
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.
4.2 Parking Space Listings
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, booking 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. 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 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 pre-pay request.
You understand and agree that you alone are responsible for any information, or for any omissions of 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
- will not breach any agreements you have entered with any third parties, such as a homeowners’ association, condominium management team, rental or lease agreement, and
- complies with all applicable laws (such as permits, zoning laws and laws governing rentals of private property).
4.3 Discounts
Certain parking spaces listed on the Service offer discounts for parking, tied to specific days of the year or times of the week. Typically, these discounts are accessible via a discount code.
- Book for 5+ days: 5% discount;
- Book for 20+ days: 10% discount;
- Book for 40+ days: 15% discount.
4.4 Text Messaging
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 updating your ‘Notification settings’ in the ‘My KERB’ tab. 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.
4.5 No Endorsement
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 the other Users or Leasers or other third parties will be limited to a claim against the particular User or Leaser or other third parties 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.
5. Bookings and Financial Terms
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 in a Leaser’s parking space. The Leaser alone, and not KERB, is responsible for the Booking Fee for their Listing. You acknowledge that in some car parks, pre-paying for a parking space does not guarantee that a space will be available upon your arrival. While KERB makes every effort to ensure that spaces are available as advertised, circumstances beyond our control may affect availability.
“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.
5.1 Merchant Account Agreements
5.1.1 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.
5.1.2 Fiuu Account Agreement
- Responsibility for FIUU Account: As part of the services provided by KERB, you are required to establish and maintain your own merchant account with FIUU for the purposes of processing payments. KERB does not act as a payment intermediary or handle payment processing on your behalf. All payment transactions, fees, and obligations associated with your FIUU merchant account are your sole responsibility.
- Compliance with FIUU Terms and Conditions: You agree to comply with all terms, conditions, and policies set forth by FIUU in connection with the creation and maintenance of your merchant account. KERB is not responsible for any actions taken by FIUU, including but not limited to account suspension, payment disputes, or compliance enforcement. You acknowledge that you are bound by FIUU’s Terms and Conditions, and KERB has no involvement or liability regarding your adherence to those terms.
- FIUU Account Management: You are solely responsible for managing your FIUU merchant account, including but not limited to ensuring the account remains active, accurate, and compliant with FIUU requirements. KERB may provide guidance and support for account setup, but all ongoing account management duties rest with you.
- Payment Settlement and Processing Fees: All fees, charges, and settlements related to your FIUU merchant account are to be handled directly between you and FIUU. KERB shall not be held liable for any delays, errors, or fees incurred during payment processing through FIUU. It is your responsibility to ensure all payment transactions are accurately processed and received.
5.1.3 Windcave Account Agreement
- Requirement to Set Up a Windcave Account: In order to process payments while using KERB’s services, you must set up and manage your own merchant account with Windcave. KERB does not process payments on your behalf or act as an intermediary for transactions. Any responsibilities or liabilities related to payment processing, fees, and account maintenance rest solely with you.
- Compliance with Windcave’s Regulations: By using Windcave for payment transactions, you agree to follow all the rules, policies, and conditions outlined by Windcave. KERB is not involved in, nor accountable for, any issues that may arise from your dealings with Windcave, such as disputes, account suspensions, or non-compliance. Your relationship with Windcave operates independently from KERB, and you are bound by their Terms and Conditions.
- Ongoing Account Management: It is your sole responsibility to ensure that your Windcave account is properly managed, including keeping it active and up-to-date with all Windcave requirements. KERB may assist with the initial setup of the account, but the continued maintenance and operation of the account falls to you.
- Transactional Fees and Settlements: All financial dealings, including fees and payment settlements, are directly managed between you and Windcave. KERB is not responsible for any issues such as delays, processing errors, or additional costs incurred. It is your duty to monitor and guarantee the successful completion of payment transactions.
5.2 Bookings and Financial Term 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, unless you have enabled ‘Instant Booking’. When a User makes a Booking Request, KERB will share with you:
- the first and last name of the User who is requesting to park their vehicle in your parking space,
- a link to the User’s profile page,
- 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.
5.3 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 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 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.
5.4 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 pre-paying does not guarantee the availability of the parking space upon your arrival. You also 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:
- obtain a pre-authorization via your credit card for the Parking Fee and any applicable taxes or
- 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.
5.5 Commission
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. Unless agreed in an additional contract.
KERB will remit balances to a Leaser via direct deposit, 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.
6. General Booking and Financial Terms
6.1 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 fully agree to and acknowledge these Terms of Service, 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 of notifications, for example, due to email Spam filters for 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
- notifying the KERB community, via an automated notice on your profile, that you cancelled a booking
- keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or
- imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your KERB Account).
6.2 Rounding Off
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.
6.3 Taxes
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. 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.
6.4 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 license 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 fully agree to and acknowledge these Terms of Service, please 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 license 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 fully agree to and acknowledge these Terms of Service, please do not use KERB.
6.5 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 in the advertised parking space. You acknowledge that you may only park your vehicle in 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 fully agree to and acknowledge these Terms of Service, please do not use KERB.
6.6 Foreign Currency
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.
Key Definitions
“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 their 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.
“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.
6.7 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.
7. Privacy
You agree that KERB’s Privacy Policy, as listed on the KERB website and app, governs KERB’s use of the data you provide us.
KERB collects and processes your personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to access, correct, or delete your data at any time. For more information on how we handle your data, please review our Privacy Policy.
By using KERB’s services, you consent to the collection and use of your data as outlined in our Privacy Policy. You may withdraw your consent at any time by contacting us at justask@kerb.works.
KERB uses third-party service providers, such as payment processors, to enhance our services. While we carefully select these providers, KERB is not liable for their actions. Users should review the terms and policies of these providers to understand how they handle personal data and transactions.
8. Ownership
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.
9. Links
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.
Some portions of the KERB platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
10. Proprietary Rights Notices
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.
11. Copyright Policy
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 designers 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.
12. Suspension, Termination and KERB Account Cancellation
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:
- 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;
- we may refund Users or Leasers associated with your account for any confirmed pre-pays;
- any pending or accepted future pre-pays associated with your account will immediately be cancelled;
- you will not be entitled to a refund of any outstanding parking fees associated with your account.
13. Disclaimers
- If you choose to use the KERB website and app, you do so at your own risk and you acknowledge that KERB does not have an obligation to conduct background checks on any User or Leaser using the platform.
- You alone are responsible for any interactions and communications with other Users or Leasers on the KERB website and app, and you agree to take reasonable precautions in any interactions – be they online or in person – with other Users or Leasers.
- You understand that KERB makes no attempt to verify the statements of other Users or Leasers on the KERB website and app.
- You acknowledge that KERB is in no way responsible for the availability or condition of a parking space, or for the conduct of the User or Leaser during the pre-pay process.
- You acknowledge that, for certain types of parking spaces, KERB may be required to collect and share with Leasers information related to vehicle licenses, vehicle insurance and vehicle registration. As a User of the KERB service, you acknowledge that KERB may need to share this information with individual parking space Leasers (e.g., for Users to gain access to marina bays, helicopter landing areas, truck parking spaces and other areas in which parking spaces listed on KERB are located). You also acknowledge that, while this information is stored on a secure server, KERB is no way liable for leaks or misuse of this personal information by KERB Leasers or Users.
- You acknowledge that KERB makes no attempt to verify the veracity of statements and claims made by Users and Leasers on the KERB platform, nor does it attempt to verify or visit any of the parking spaces listed on its service.
- Notwithstanding KERB’s appointment as the limited payment collection agent of the Leasers for the purpose of accepting payments from Users, KERB disclaims all liability for any act or omission of any User or Leaser or other third party.
- You acknowledge that, unless stated otherwise in these terms of service, once KERB has confirmed a Leaser’s acceptance of a pre-pay, and has communicated this confirmation to the User, it has no further obligation to the User or to the Leaser in relation to the associated parking space.
- KERB makes no warranty that its website or app will meet your requirements or will be available on an uninterrupted, secure or error-free basis. We make no warranty as regarding the quality of the service or the accuracy, truthfulness or reliability of any content you obtain through the KERB website or app.
- KERB acts as the Leaser’s agent for the purpose of facilitating binding agreements between Users and Leasers, but has no liability to you in relation to the parking space or pre-pay other than as set out in this agreement. KERB is neither a real estate agent or an insurer, and has no control over the conduct of a User or Leaser. For the avoidance of doubt, KERB disclaims all liability in this regard to the fullest extent of the law.
14. Limitation of Liability
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 pre-pay 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, it relates to the pre-pay 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.
15. Indemnification
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.
16. Reporting Misconduct
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.
17. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New South Wales 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 Sydney, New South Wales, 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.
18. Dispute Resolution
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:
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and KERB agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to KERB. KERB’s address for such notices is 16 Cocupara Avenue Lindfield, NSW, Australia, 2070.
BINDING ARBITRATION. If you and KERB are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the Australian Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, KERB will pay all such arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and KERB may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
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 New South Wales, 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 class Name MEMBER IN A PURPORTED class Name 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 class Name MEMBER IN ANY PURPORTED class Name 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 class Name 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 New South Wales, 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 Sydney, Australia have exclusive jurisdiction and you and KERB agree to submit to the personal jurisdiction of such courts.
19. General
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.
KERB is not liable for any failure or delay in the performance of our services due to circumstances beyond our control, including natural disasters, government actions, or other events of force majeure. In such cases, KERB will make reasonable efforts to resume service as soon as possible.
20.Third party beneficiary
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.
