If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
The “Service” means KERB’s website – at www.kerb.app - its iOS and Android apps, and any other services which relate to renting, leasing, accessing or managing any type of parking bay through the KERB 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 Service is intended to facilitate the leasing, paying for and access to private and commercial parking bays, regardless of the vehicle-types, building-types or environments those bays are associated with. Such parking bays are included in listings on the KERB website and in its apps. Certain bays and parking locations may require you to create a KERB account in order to view and access these parking bay listings; others will not.
Unless explicitly specified otherwise on the KERB platform, KERB’s responsibilities are limited to:
Please note that KERB does not control the content contained in any Partner listings on its Service and does not screen or vet the Parkers booking or accessing parking bays through its platform, nor does it have any responsibility for the sustainability, right-to-list, right-to-lease, or condition or availability of any parking bay(s). For the avoidance of doubt, KERB is in no way responsible for, and disclaims all liability related to, any parking bays listed on its website and apps. KERB acts solely as a platform provider and does not guarantee the legality or availability of parking bays listed. Parkers and Partners must verify zoning laws, required permits, and any third-party agreements before listing or booking a parking bay. As such, any payments you make or listings you submit through the KERB website or apps will be made at your own risk.
KERB strives to maintain service availability 24/7. However, there may be instances of planned maintenance or unforeseen technical issues that could temporarily disrupt the service. KERB will provide advance notice of any planned maintenance that may affect service availability.
If you do not fully agree to and acknowledge these TOS, please do not use the KERB Service.
In certain countries, states and cities, specific laws restrict the leasing of private and commercial property for the purposes of parking a vehicle. Anyone seeking to list their private parking bay(s) on KERB - for example, via KERB’s SharePark™ product - 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 Partner will need to obtain a license or permit before listing parking bays 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 measures. It is the Partner’s sole responsibility to review and ensure compliance with local laws before listing any parking bays on KERB. KERB takes no responsibility for non-compliance by Partners or Parkers with local laws that govern their ability to lease, rent, access or pay for a private or public parking bay.
KERB operates in multiple countries, and local laws may vary. Parkers and Partners 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.
KERB does not provide legal advice on compliance with municipal, state, or national regulations related to private parking rentals. Parkers and Partners must confirm the legality of renting parking Bays in their jurisdiction before engaging with the KERB Service. KERB may remove listings that violate applicable zoning or municipal laws.
If you do not fully agree to and acknowledge these TOS, please do not use the KERB Service.
To list a parking location on the KERB Service, KERB must first check that the Partner is a human - not a bot. We do this via a one-time pass code (OTP) sent via email, or via SMS to your mobile phone. 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 certain Parkers may contact you. 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 Service. 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 bays owned or controlled by Partners and that KERB has no responsibility for any of the parking bays listed on the KERB Service, other than for the purposes of administering and confirming listing, booking and collecting payment on behalf of the Partner. For the avoidance of doubt, KERB offers no guarantees whatsoever about the suitability of any parking bay 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 bay, or for the actions of the Parker or Partner or other party related to a particular parking bay or car park listing.
As a Partner, you may list individual parking bays or whole car park listings on the KERB Service. To do this, you will be required to provide specific information about the parking bay(s) or car park(s) you wish to list. KERB requires you to provide at least one photo and a valid physical address for your listing(s), which will be published on the KERB website and apps. Parkers will be able to access your parking bay(s) or car park(s), based on the rules that you set when you list the parking bay(s) or car park(s) on KERB’s Bays™ portal.
You understand and agree that you alone are responsible for any information, or for any omissions of information, as they relate to your listing. You can edit the details of your listing(s) at any time via the Bays™ portal, via the Log In tab on the KERB website (https://bays.kerb.app/login). For the avoidance of doubt, you acknowledge that any listing you post on the KERB Service:
You agree that KERB is in no way responsible for your compliance (or lack thereof) with any such agreements or laws.
KERB reserves the right to remove or suspend any listing or Partner 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 it deems necessary.
As a Partner, 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 Parker parks a vehicle in your parking bay(s) or car park(s), any agreement you enter into with that Parker is between you and the Parker; KERB is not a party to that agreement.
KERB strongly recommends that Partners have appropriate insurance for any parking bay(s) or car park(s) they are listing on the Service and have appropriately insured any property associated with the parking bay(s) or car park(s). By listing your parking bay(s) or car park(s) 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(s). You agree that KERB is in no way responsible for ensuring that parking bays or car parks listed on its service are appropriately insured, nor will it be held in any way responsible for damage caused to parking bays or vehicles as a result of a Partner or Parker using of the KERB Service.
Certain parking bays and car parks listed on the Service offer discounts for parking, tied to specific times of the year or days of the week. Typically, but not always, these discounts are accessible via a discount code.
All discounts are deducted from the total amount remitted to the Partner. KERB Partners can choose - but are in no way obligated - to offer discounts. Partners are solely responsible for enabling discounts on their parking bay(s) and car park(s), and you agree that KERB is in no way responsible for switching off discounts on your parking bay(s) or car park(s); nor is KERB responsible or liable for any shortfall in total revenue, as a result of discounts being applied by a Partner.
As a Parker or a Partner, by creating a KERB Account, you agree that KERB may send you emails, in-app messages via the KERB iOS or Android apps, or 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’. You understand that messaging between Parkers and Partners 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 Parker, Partner or any parking bay(s) or car park(s) associated with its platform. You acknowledge that descriptions and photographs of parking bays and car parks are unverified representations that were made at the time the parking bay or car park was listed. Partners are required by these TOS to provide accurate information about a parking bay or car park, 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 by Parkers or Partners or other third parties will be limited to a claim against the particular Parker or Partner 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 Parkers or Partners around bookings, transactions or listings made by you.
If you do not fully agree to and acknowledge these TOS, please do not use the KERB Service.
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.
Some payment processing services for Partners 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 Partner on KERB, you agree to be bound by the Stripe Terms of Service, 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 Stripe with accurate and complete information about you and your business.
Some payment processing services for Partners on KERB are provided by Fiuu and are subject to:
Certain parking bays listed on KERB require the Parker to book the parking bay(s) in advance. The booking request is either reviewed and approved/rejected, or automatically accepted by the Partner. If you are a Partner and a booking is requested for the parking bay 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 Parker makes a Booking Request, KERB will share with you:
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 Parker’s credit card or eWallet. When you confirm a booking requested by a Parker, 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.
The time it takes for a Partner to receive payment for any transaction through the KERB Service will be determined by the merchant account provider being used by the Partner. Any transaction fees levied by the payment platform are your sole responsibility.
In cases where KERB uses its own merchant account with a payment provider to process transactions, KERB reserves the right to withhold funds owed to Partners, in the event that a Partner’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 anyone on its behalf, including but not limited to a third-party collection agent
Each Partner that does not have its own merchant account for payments hereby appoints KERB as the Partner’s limited payment collection agent solely for the purpose of accepting parking fees from Parkers.
Each Partner agrees that a payment made by a Parker through KERB shall be considered the same as a payment made directly to the Partner, and the Partner will make the parking bay available to the Parker in the agreed-upon manner as if the Partner has received the parking fee directly. If you are a Partner that does not have a merchant account, you understand that KERB accepts payments from Parkers as your limited payment collection agent and that KERB’s obligation to remit funds (minus platform transaction fees) is subject to and conditional upon successful receipt of the associated payments from Parkers. For the avoidance of doubt, KERB does not guarantee payments to Partners for amounts that have not been successfully received by KERB from Parkers. By your accepting KERB’s appointment as the limited authorized agent of the Partner, you accept that KERB assumes no liability for any acts or omissions of the Parker.
As a Partner, you, not KERB, are solely responsible for honoring any confirmed bookings and making available your parking bays advertised on the KERB Service.
As a Parker, if you choose to enter into a transaction with a Partner for the purposes of parking in a parking bay accessible through he KERB Service, you acknowledge that booking pre-paying does not guarantee the availability of a parking bay upon your arrival. You also acknowledge that you may be required to enter into an agreement with the Partner and you agree to accept any conditions or rules imposed by the Partner, as they relate to the parking bay or car park you are accessing. 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.
Pre-paying for a parking bay does not guarantee that a bay will be available upon arrival. While KERB makes every effort to ensure the availability of Bays, circumstances beyond KERB’s control may affect bay availability.
For certain types of parking bay listings (eg, individual private residential bays) KERB charges 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 Partner, as described in these TOS. All such fees are, as noted above, included in the Total Fee.
KERB will remit balances to a Partner via direct deposit, on the first working day of each month, in the Partner’s currency. Amounts may be rounded up or down as described in the “Rounding Off” section below.
Please note that, in any monthly Commission payment made to a Partner, KERB will deduct in full any foreign currency processing costs and payment transaction fees on fees owing to a Partner.
If you do not fully agree to and acknowledge these TOS, please do not use the KERB Service.
Cancellation and Refunds are determined by the Partner and in line with local laws. As a Parker using the KERB Service, if you cancel your booking at a reasonable time and within the cancellation policy of the car park, you will be refunded by the Partner any amounts owing to your credit card or eWallet, in a commercially reasonable time. In all other cases, and without exception, if you cancel a booking after the booking has commenced, you will be charged the full parking fee, regardless of whether you are able to park in the parking bay or not. If a parking bay is unavailable upon arrival, the Partner will endeavor to reschedule your booking or to provide refund, provided this is within the Partner’s cancellation policy. Refunds are at the sole discretion of the Partner, not KERB.
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 Parker or a Partner, 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.
KERB may, at its sole discretion, round up or round down amounts that are payable to Parkers or Partners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Dollar, Pound Sterling, Euro, Peso, Rupee or other supported currency); for example, KERB will round up an amount of EUR15.58 to EUR16, and AUD24.97 to AUD25.
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 Partners, and to remit these taxes to the local tax authorities. As a Partner, you acknowledge that you may be required to pay tax on any income derived from parking transactions generated through the KERB Service. Partners are responsible for determining and paying any applicable taxes (GST, VAT, TVA, parking bay levies, etc). You understand that you are solely responsible for keeping the information in your tax forms current, complete and accurate. KERB may be required to withhold taxes in some jurisdictions. If applicable, KERB will inform Partners before processing payments.
As a Parker, you are responsible for leaving the parking bay in which you parked, clean and tidy. You acknowledge that you shall be responsible for the cost of repairing any damage you make to the parking bay in which you parked or attempted to park, to associated property, to other vehicles located on or in the vicinity of the parking bay in which you parked or attempted to park. For the avoidance of doubt, you agree that a confirmed booking or a parking bay on KERB is simply a license granted by the Partner to the Parker to park their designated vehicle on the advertised parking bay. As such, you understand that KERB is in no way responsible for any damage you cause to parking bay or associated property or vehicle(s), and agree to indemnify KERB against all claims in this regard.
In the event that a Partner reports the need for repair or cleaning, and such repair or cleaning request is verified by KERB in its reasonable discretion, you agree to remit payment for any damage to a parking bay, or cleaning services required, to the relevant Partner or to KERB (if applicable). As a Parker or as a Partner, you agree to cooperate with KERB in good faith, on any matters regarding damage to a parking bay.
As a Partner, you acknowledge that you are responsible, to the best of your ability and in good faith, for ensuring that the parking bay you are listing on KERB is clear, accessible and unlikely to result in any damage to a Parker’s vehicle. You agree that you will not advertise on KERB a parking bay that you know is not fully accessible or may be detrimental to the safety of a Parker’s vehicle. In the event that a Parker has already booked the parking bay, you also agree that, if there is any possible impediment for a Parker to access the parking bay, you will notify prospective Parkers via the information you list on the KERB website or app, or via SMS, email or in-app message. You acknowledge that you agree to indemnify KERB against any damage to any parking bay or associated property or vehicle(s), as a result of listing or leasing any parking bay(s) through KERB. For the avoidance of doubt, you agree that a confirmed booking or a parking bay on KERB is simply a license granted by the Partner to the Parker to park their designated vehicle on the advertised parking bay. As such, you understand that KERB is in no way responsible for any damage caused to a parking bay 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.
As a Parker, you agree that a confirmed booking for parking bay on KERB is simply a license granted by the Partner to the Parker to park their designated vehicle in the advertised parking bay. You acknowledge that you may only park your vehicle in the Partner’s parking bay for the period designated in the booking, and agree to leave the parking bay 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 bay, you agree to contact the Partner, via the Partner’s website (where applicable) or through the KERB Service, before the parking time expires, to notify them that you will be late removing your vehicle from the designated parking bay. If you stay past the agreed upon departure time you no longer have a license to park your vehicle on the Partner’s parking bay and you acknowledge that the Partner may take any reasonable steps to have your vehicle removed. In the event that a Partner is obliged to have your vehicle or possessions removed from their parking bay, you agree to indemnify KERB against any charges incurred for the recovery of your vehicle.
As a Parker, you agree that the Partner or KERB may invoice you for any additional sum incurred as a consequence of your failure to remove your vehicle or container on time. Fees, as claimed by a Partner, 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 bay, or parking fines.
KERB facilitates bookings between Parkers and Partners, who may prefer to pay and receive payments in different currencies. In such cases, these foreign currency transactions will require foreign currency conversions. Although KERB allows Parkers and Partners to view the price of a parking bay in a number of currencies, the currencies available for Parkers 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 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.
KERB is not responsible for any exchange rates imposed on you by any of the payment processing platforms it uses (eg, Windcave, Stripe, Fiuu, GrabPay, M-Pesa). In cases where KERB acts as a payment collection agent for a Partner, KERB will remit any fees owing to the relevant Partner on the first working day of each month, at the prevailing exchange rate, where applicable, on the day of transaction. Any 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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
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 support@kerb.app.
KERB uses third-party service providers, such as Google Analytics, to enhance the Service. While we carefully select these providers, KERB is not liable for their actions. Parkers should review the terms and policies of these providers to understand how they handle personal data and transactions.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
The KERB name, logo and certain KERB products are protected by trademark. Content on the KERB website and apps is protected by copyright, and by other laws of Australia and foreign countries. You acknowledge that the aforementioned are the exclusive property of KERB and, where relevant, its Partners. As such, you must not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated on the KERB Service.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
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 third-party links on the KERB website or apps constitute an endorsement by KERB.
Some portions of the KERB Service 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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
All trademarks, service marks, logos, trade names and any other proprietary designations of KERB used on the KERB Service 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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
KERB respects copyright law and expects its Parkers to do the same. It is KERB’s policy to terminate in appropriate circumstances the KERB accounts of Parkers or Partners 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 Service.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
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:
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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
Any Partner must have valid insurance for their parking bays and car parks. KERB does not provide insurance coverage for Partners, Parkers, affiliates, subsidiaries, and their officers, directors, employees and agents using the KERB Service.
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 Service. You also agree to indemnify KERB against any personal injury, any damage to vehicles or damage to a property or parking bay, of any nature whatsoever, resulting from your access to and use of the KERB Service. KERB is not liable for any misrepresentation of parking Bays by Partners and Partners failing to comply with zoning, permits, or lease agreements. 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 Service. KERB cannot be held responsible for any unauthorized access to the KERB Service, nor for any computer viruses, cyber attacks, bugs, trojan horses or the like, which may be transmitted through the KERB Service. You accept that no claim may be brought against KERB in relation to this agreement more than twenty-eight days following the incident which relates to the claim. KERB will in no way be held responsible in the event of a claim by a Parker or Partner against you. For the avoidance of doubt, if a Parker, Partner or other party makes a claim against you relating in any way to your use of the KERB Service, KERB will not be required to refund any fees of any kind to either you or another Parker, Partner, or party, nor will it be required to pay any attorney 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 fully agree to and acknowledge these TOS, please do 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 Service.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
If you deem that a Parker or Partner 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, via service@kerb.app. If you deem that the conduct of said Parker or Partner 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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
These Terms and your use of the Service will be interpreted in accordance with the laws of the State of New South Wales, 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.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
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.
In order to expedite and control the cost of disputes, you and KERB 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 these TOS, will be resolved as follows:
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
KERB’s failure or inability to enforce any of the provisions in these 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 TOS, the exercise by either party of any of its remedies under these TOS will be without prejudice to its other remedies under these TOS or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TOS invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in full force and effect.
KERB is not liable for any failure or delay in the performance of the Service due to circumstances beyond its control, including natural disasters, government actions, cyber attacks or other events of force majeure. In such cases, KERB will make reasonable efforts to resume the Service as soon as possible.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.
These TOS 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 and eWallet platforms are third party beneficiaries of these TOS, for the purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these TOS.
If you do not fully agree to and acknowledge these Terms of Service, please do not use KERB.